01-06-1998 CC Meeting AgendaCITY OF AVENTURA
COUNCIL AGENDA
January 6, 1998 - 6:00 P.M.
City Council
Arthur I. Snyder, Mayor
Jay R. Beskin, Vice Mayor
Arthur Berger, Councilmember
Ken Cohen, Councilmember
Harry Holzberg, Councilmember
Jeffrey M. Perlow, Councilmember
Patricia Rogers-Libert, Councilmember
Eric M. Soroka, City Manager
Teresa M. Smith, City Clerk
Weiss Serota & Helfman, City Attorney
City of Aventura
Cit~ Council
Arthur I. Snyder, Mayor
Jay R. Beskin, Vice Mayor
Arthur Berger
Ken Cohen
Harry Holzberg
Jeffrey M. Perlow
Patricia Rogers-Libert
Cit~ Manager
Eric M. Soroka
Ci~ Clerk
Teresa M. Smith
Cit~ Attorney
Weiss Serota & Helfman
AGENDA
Council Meeting
January 6, 1998 - 6:00 P.M.
Columbia Aventura Medical Arts Building
21110 Biscayne Boulevard Suite 101
Aventura, Florida 33180
CALL TO ORDERS;tOLL CALL
2. PLEDGE OF ALLEGIANCE
3. ZONING HEARINGS - SPECIALLY SET BY COUNCIL FOR 6 P.M.
QUASI-JUDICIAL PUBLIC HEARINGS - Please be advised that the following items on the
Council's agenda are quasi-judicial in nature. If you wish to object or comment upon these items,
please indicate the item number you would like to address when the announcement regarding the
quasi-judicial item is made. You must be sworn before addressing the Council, and if you wish to
address the Council, you may be subject to cross-examination. If you refuse to submit to cross-
examination, the Council will not consider what you have said in its final deliberations.
DISCLOSURE OF ANY EX-PARTE COMMUNICATIONS PURSUANT TO ORDINANCE 96-09
Ao
MOTION TO APPROVE REQUEST BY HAPPINESS, INC. FOR WAIVER
FROM MORATORIUM, SUBJECT TO CONDITIONS AS OUTLINED IN
CITY MANAGER'S MEMORANDUM DATED DECEMBER 29, 1997
MOTION TO APPROVE REQUEST BY EDDIE YEH FOR WAIVER
FROM MORATORIUM, SUBJECT TO CONDITIONS AS OUTLINED IN
CITY MANAGER'S MEMORANDUM DATED DECEMBER 24, 1997
January 6, 1998 Council Meeting
4. APPROVAL OF MINUTES: Council Workshop December 15, 1997
Council Meeting December 16, 1997
$. AGENDA: Request for Deletions/Emergency Additions
SPECIAL PRESENTATIONS: Beautification Advisory Board Certificates of Appointment
7. CONSENTAGENDA
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATTACHED TRAFFIC CONTROL JURISDICTION
AGREEMENT BETWEEN THE TURNBERRY ISLE SOUTH
CONDOMINIUM ASSOCIATION, INC. AND THE CITY OF
AVENTURA; AUTHORIZING THE CITY MANAGER TO DO ALL
THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
(Provides traffic control jurisdiction by the Police Department over private roads
within Tumbeny Isle South)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATTACHED TRAFFIC CONTROL JURISDICTION
AGREEMENT BETWEEN THE BISCAYA IH CONDOMINIUM
ASSOCIATION, INC. AND THE CITY OF AVENTURA; AUTHORIZING
THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY
OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN
EFFECTIVE DATE.
(Provides traffic control jurisdiction by the Police Department over private roads
within Biscaya III)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AVENTURA, FLORIDA, SELECTING THE FIRM OF BERMELLO,
AJAMIL & PARTNERS, INC. TO PERFORM PROFESSIONAL
CONSULTING SERVICES RELATIVE TO ISQ NO. 97-12-2-2,
MUNICIPAL PUBLIC TRANSIT STUDY; AUTHORIZING THE CITY
MANAGER OF THE CITY OF AVENTURA, FLORIDA, ON BEHALF OF
SAID CITY, TO NEGOTIATE THE TERMS AND FEES FOR SAID
WORK; AUTHORIZING NEGOTIATIONS WITH ALTERNATE FIRM
TO PERFORM THE REQUIRED SERVICES SHOULD NEGOTIATIONS
WITH SELECTED FIRM BE UNSUCCESSFUL; AND PROVIDING AN
EFFECTIVE DATE.
January 6, 1998 Council Meeting
(Selects architectural firm of Bermello, Ajamil & Partners to perform Municipal
Public Transit Study)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AVENTURA, FLORIDA, AMENDING RESOLUTION 97-35 WHICH DID
ADOPT A FEE SCHEDULE FOR DEVELOPMENT REVIEW,
PLANNING AND ZONING APPLICATIONS; AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE
AlMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE
DATE.
(Amends the fee schedule for site plan development review)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATTACHED AMENDED DECLARATION OF
RESTRICTIONS FOR HIDDEN BAY, HIDDEN BAY H, AND SUMMIT
PROPERTIES BY AND BETWEEN THE CITY OF AVENTURA AND
HIDDEN BAY ASSOCIATES, HIDDEN BAY ASSOCIATES lI AND
SUMMIT PROPERTIES PARTNERSHIP, L.P.; AUTHORIZING THE
C1TY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT
THE AlMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE
DATE.
(Authorizes City Manager to execute Amended Declaration of Restrictions with
Hidden Bay and Summit Properties relative to conveyance of the 5-acre
park site, payment of $277,285 for park improvements, and $400,000 comribution
for NE 195~ Street beautification improvements)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AVENTURA, FLORIDA, AUTHORIZING THE ATTACHED SAFE
NEIGHBORHOOD PARKS GRANT APPLICATION AS DESCRIBED IN
EXHIBIT "A" AND AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATTACHED AGREEMENT BETWEEN THE CITY OF
AVENTURA AND MIAMI-DADE COUNTY FOR A GRANT IN THE
AMOUNT OF ONE HUNDRED SIXTY THOUSAND DOLLARS ($160,000)
FROM THE MIAMI-DADE COUNTY SAFE NEIGHBORHOOD PARKS
BOND PROGRAM AS DESCRIBED IN EXHIBIT "B"; AUTHORIZING
THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY
OUT THE AlMS OF THIS RESOLUTION; AND PROVIDING AN
EFFECTIVE DATE.
(Approves grant application for $t60,000 to be utilized for construction of
improvements at Founders Park)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO
3
January 6, 1998 Council Meeting
EXECUTE THE ATTACHED WORK AUTHORIZATION NO. 97-138A
TO PREPARE CONSTRUCTION DOCUMENTS AND PROVIDE FOR
CONTRACT ADMINISTRATION FOR NE 207TM STREET AND NE 34TM
AVENUE CAPITAL IMPROVEMENTS BY AND BETWEEN THE CITY
OF AVENTURA AND O'LEARY DESIGN ASSOCIATES, P.A.; AND
PROVIDING AN EFFECTIVE DATE.
(Authorizes City Manager to execute Work Authorization with O'Leary Design
Associates for design of the NE 207~ Street and NE 34a Avenue capital
improvements for decorative street lighting and landscaping)
8. PUBLIC HEARINGS: ORDINANCES - SECOND READING
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA ADOPTING
AND ENACTING A CITY CODE FOR THE CITY OF AVENTURA;
PROVIDING FOR GENERAL PROVISIONS; ADMINISTRATION;
ANIMALS; BUILDINGS AND BUILDING REGULATIONS; BUSINESS
REGULATIONS; LICENSES AND PERMITS; CABLE
COMMUNICATIONS; ELECTIONS; ENVIRONMENT; PLANNING AND
ZONING; SOLID WASTE; STREETS, SIDEWALKS AND OTHER
PUBLIC PLACES; PROVIDING FOR PENALTY FOR VIOLATION;
PROVIDING FOR THE MANNER OF AMENDING SUCH CODE;
PROVIDING FOR WHEN SUCH CODE AND THIS ORDINANCE SHALL
BECOME EFFECTIVE.
9. PUBLIC HEARINGS: RESOLUTIONS:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA,
FLORIDA, CALLING A SPECIAL ELECTION ON PROPOSED
AMENDMENTS TO THE CITY CHARTER TO BE HELD ON TUESDAY,
MARCH 10, 1998; TO CONSIDER PROVIDING FOR AMENDMENT OF
THE CITY CHARTER CONCERNING SECTION 2.02 "MAYOR AND VICE
MAYOR", TO PROVIDE FOR SEMI-ANNUAL APPOINTMENT OF VICE
MAYOR; SECTION 2.05 "VACANCIES"; FORFEITURE OF OFFICE;
FILLING OF VACANCIES" BY AMENDING SUBSECTION (C) "FILLING
OF VACANCIES," REVISING PROCEDURE FOR FIlJ,ING VACANCY IN
OFFICE OF MAYOR AND COUNCILMEMBERS, REVISING PROVISION
WHICH PROVIDED FOR VICE MAYOR TO FIIJ, VACANCY IN THE
OFFICE OF MAYOR; SECTION 3.05 "BOND OF CTFY MANAGER,"
PROVIDING THAT CITY COUNCIL MAY BY ORDINANCE REQUIRE
CITY MANAGER TO FURNISH A FIDEL1TY BOND; SECTION 5.01
"ELECTIONS," REVISING DATE OF ELECTION FOR MAYOR AND
COUNCIL, DATE OF COMMENCEMENT OF TERMS, EXTENDING
CURRENT TERM OF OFFICE; SECTION 8.07 "INITIAL ELECTION OF
COUNCIL AND MAYOR" TO CONFORM TO AMENDMENT OF
4
January 6, 1998 Council Meeting
SECTION 5.01; SECTION 7.03 "CONFLICTS OF INTEREST; ETHICAL
STANDARDS," ENABLING CITY COUNCIL TO ADOPT ADDmONAL
CODE OF ETI~CS REQUIREMENTS; AMENDING CHARTER BY
CHANGING THE DESIGNATION OF THE CITY "COUNCIL" TO THE
CITY "COMMISSION" AND SUBSTITUTING FOR THE TERM
"COUNCILMEMBER" Tl~E DESIGNATION "COMMISSIONER";
PROVIDING REQUISITE BALI~OT LANGUAGE; PROVIDING FOR
TIMES AND PLACES OF BAI J,OTING; PROVIDING FOR
SEVERABILITY; PROVIDING FOR NOTICE; AND PROVIDING FOR AN
EFFECTIVE DATE.
10. OTHER BUSINESS: LEADERSHIp FLORIDA
REPORTS
'12. PUBLIC COMMENTS
"13. ADJOURNMENT
SCHEDULE OF FUTURE MEETINGS/EVENTS:
COUNCIL WORKSHOP January 12, 1998
COUNCIL MEETING January 20, 1998
*Government Center 2999 NE 19t~t Street Suite 500
This m~ing is open to the public, la acoordance with the AmeaSca~s wRh Disabilities Act of 1990, all pe~ons who are disabled and who need special
accommodations to participate in this moeting because of that disability should c~tact the Offic~ of the City Clorl~ 466-8901, not lato' than two days
5
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
City Council
Eric M. Soroka, City
December 29, 1
Moratorium Waiver Re(
Happiness, Inc.
January 6, 1998 City Council Meeting Agenda Item
RECOMMENDATION
It is recommended that the City Council grant the Waiver Request for the moratorium
subject to the enclosed conditions. However, if the City Council desires to purchase the
property in the future, it should reconsider the docks and boat basin improvements.
BACKGROUND
Ordinance No. 97-22 created a moratorium upon the issuance of development orders
concerning development within the Marina Area and Hospital Area within the City.
Section 2 of the Ordinance provides that the City Council may grant a waiver when the
City Council determines, based on substantial competent evidence, that the specific
use or activity will not detrimentally affect the preparation and implementation of the
City Plan and will be compatible with surrounding land uses.
Property Information Location
Owner:
Location
Zoning Classification:
Proposed Use:
Proposed Variances:
Happiness, Inc.
2900 N.E. 188th Street
IU-2 Industrial Heavy Manufacturing
Seawall, Docks and Boat Basin Construction
None Identified at This Time
North:
South:
East:
West:
Industrial
Canal / Industrial
Industrial
Industrial
Memo to City Council
Page 2
The owner originally planned to construct a boat manufacturing facility on the site.
However, due to discussions held by the City regarding possible changes to the uses in
the area, the owner plans to take no action until the City's Master Plan is finalized.
However, the construction of the seawall, docks and boat basin could be utilized for all
uses including residential and commercial, as it is parallel to the shoreline.
Recently, at a Workshop Meeting, members of the Council expressed an interest in
purchasing the site for park purposes. If this course of action is to be pursued, the
effects of approving the waiver in terms of increasing the land value should be
considered as part of the decision making process.
Based on the proposed improvements not having a detrimental effect on the
preparation of the Comprehensive Plan, if the waiver is to be granted, the following
conditions should be adopted:
1. That the waiver be granted to a specific project and owner;
That the work be prepared in conformance with the Master Plan for the
moratorium area, if available, as approved by the City Council as part of
the Comprehensive Plan.
If you have any questions, please feel free to contact me.
EMS/aca
Attachment
CC0445-97
HAPPINE$$ INC.
2900 N.E. 188th Street
Aventura, Florida 33180
Tel: (305) 931-4292
Fax: (305) 931-0088
December 26, 1997
Mr. Eric M. Soroka, City Manager
City of Aventura
2999 N.E. 191st Street, Suite 500
Aventura, Florida 33180
Ref: Construction of seawall, docks & boat basin
Dear Mr. Soroka:
Happiness, Inc., is the owner of the property located at 3250 N.E. 188th Street.
The property is bordered on the north by 188th Street and on the south by a
canal.
In January of 1995, Happiness, Inc. applied for permits to construct a seawall,
docks and a boat basin along the northeastern end of the canal with Dade County
(DERM), the State of Florida (DEP) and the Army Corps of Engineers. Issuance
of those permits was delayed until recently in order for an official Manatee
protection plan to be adopted by Dade County.
We are now prepared to close with DERM and DEP and pay the permit fees,
receive the permits and go forward with the work.
The undersigned hereby requests a public hearing before the City Council to
request a waiver from the provisions of Ordinance No. 97-22 which imposed a
moratorium upon the issuance of development orders in certain areas of the City.
Your prompt attention would be most appreciated since our application with
DERM expires February 21. Please call me at 931-4292 with any questions.
C. Everett Sutton
AREA LOCATION HAP
N
Water
~ Property
1000
1000 2000 3000 4000 5000 6000 7000 8000 Feet
HAPPINESS, INC.
2900 N.E. 188th Street
Aventura, Florida 33180
Tel: (305) 931-4292
Fax: (305) 931-0088
November 4, 1997
Mr. Eric M Soroka, City Manager
City of Aventura
2999 NE. 191st Street, Suite 500
Aventura, Florida 33180
Ref: Construction of seawall, docks & boat basin
Dear Mr. Soroka:
Happiness, Inc., is the owner of the property located at 3250 N.E188th Street.
The property is bordered on the north by 188th Street and on the south by a
canal.
In January of 1995, Happiness, Inc. applied for permits to construct a seawall,
docks and a boat basin along the northeastern end of the canal with Dade County
(DERM), the State of Florida (DEP) and the Army Corps of Engineers. Issuance
of those permits was delayed until recently in order for an official Manatee
protection plan to be adopted by Dade County.
We are now prepared to close with DERM and DEP and pay the permit fees,
receive the permits and go forward with the work.
Since this action is a property improvement along the shoreline rather than the
construction of a building, logically, the Moratorium (Ordinance No. 97) does not
apply.
Please confirm that we may make this property improvement without a Moratorium
waiver and direct us to the appropriate person within the City of Aventura
Government to whom we should make application for any necessary permits.
Your prompt attention would be most appreciated since we now have
approximately three months to begin work before our application with DERM
Plg g Cgll me at 931-4292 with any
Sincerely, ,
C. Everett Sutton
TO:
FROM:
DATE:
SUBJECT:
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
City Council/"-f~
Eric M. Soroka, Cit, y'lVJ~nagE
, Eddie Yeh property
January 6, 1998 City Council Meeting Agenda Item
RECOMMENDATION
It is recommended that the City Council grant the Waiver Request for the moratorium
subject to the enclosed conditions.
BACKGROUND
Ordinance No. 97-22 created a moratorium upon the issuance of development orders
concerning development within the Marina Area and Hospital Area within the City.
Section 2 of the Ordinance provides that the City Council may grant a waiver when the
City Council determines, based on substantial competent evidence, that the specific
use or activity will not detrimentally affect the preparation and implementation of the
City Plan and will be compatible with surrounding land uses.
Property Information Location
Owner:
Location
Size:
Land Use Designation:
Zoning Classification:
Proposed Use:
Proposed Variances:
Eddie Yeh a/k/a Huan Hui Yeh
185th Street
6.98 _+ acres
Residential 35.9 Units / Acre
IU-1 Industrial Light Manufacturing
Residential/192 Units
27.5 Units / Acre
None identified at This Time
North:
South:
East:
West:
Canal/Industrial
FPL Substation / Residential
Residential
Industrial
Memo to City Council
Page 2
The surrounding land uses and development under construction adjacent to the site are
residential in nature. In this regard, the specific use as residential is compatible with the
existing surrounding land uses. However, the area west of the site is currently being
utilized for industrial purposes.
Based on preliminary discussions with our planning consultants and the Community
Development Director, if the residential structures provide quality development, it would
not have a detrimental affect on the preparation of the Comprehensive Plan. Other
uses such as commercial or industrial could be incompatible to the existing residential
uses. In addition, commercial development would generate more traffic than residential
development. The Land Use Plan of Dade County designates this area for residential
development.
In order to ensure the proposal is in conformance with the Comprehensive Plan, the
following conditions are recommended:
That the waiver be granted to a specific project and owner.
That the site plan be prepared in conformance with the Master Plan for
the moratorium area approved by the City Council as part of the
Comprehensive Plan.
That a contract for sale be presented to the City within sixty days.
That the owner cooperates with the City relative to the N.E. 185th Street
road improvements.
That the site plan provide for a thirty-five (35) foot buffer to include
landscaping on the west side of the property and a twenty-five (25) foot
landscaped buffer on the north side abutting the industrial structures.
If you have any questions, please feel free to contact me.
EMS/aca
Attachment
CC0442-97
tACT
(1~-49) OlLDA TRACT
TRACT "A'
(117-12)
C
APPROXIMATE EDDE~'F WATER
LITTLE MAU LE LAKE
LOCATION SKETCH
SCALE 1"--500'
A N A L
NOT SUBDiViDED
TRACT
ATLAS TERMINAL APARTMENTS
PB 147, PC 67
ATLAS TERMINAL ~,PARTMr-NTS
October 14, 1997
VIA HAND DELIVERY AND FACSIMILE
Mr. Eric Sorolm
City Manager
City of Aventura
2999 N.E. 191 Street
Aventura, Florida 33180
Re: Request for Waiver to Marina Moratorium Area
Dear Mr. Soroka:
On behalf of Mr. Eddie Yeh a/k/a Huan Hui Yeh (hereinafter referred to as "Owner") and Pm GP V Inc.
(hereinafter referred to as the "Purchaser"), the undersigned hereby requests a pubic hearing before the City
Council to request a waiver from the provisions of Ordinahce 97-22 (the "Moratorium Ordinance"), which
imposed a moratorium upon the issuance of development orders and permits within certain areas of Aventura. Mr.
Yeh is currently the owner of the parcel of property more specifically described in the attached Exhibit "A" (the
"Property"); Pre GP V Inc. is a prospective purchaser of such Property. The Property is located within the area
generally defined by the Moratorium Ordinance as the Marina Area.
The Property is currently zoned llJ-1 (Industrial Light Manufacturing). This waiver is requested in order
to permit the Owner and/or the Purchaser to request a change in zoning to RU4M (Modified Apartment House
District), permitting the development of the property with 35.9 units per acre, consistent with the current
designation of the property on the Dade County Comprehensive Development Master Plan. Such use will not
detrimentally affect the preparation and implementation of the City Plan, and will be compatible with surrounding
land uses.
Both the Owner and the Purchaser respectfully request that this matter be scheduled for a public hearing
before the City Council at the next available Council meeting. Please notify me at the below address, or by
facsimile at (305) 579-0717, once the public hearing has been scheduled. Please call me at 579-0613 if you need
any additional information regarding this matter.
Very truly yours,
Clifford A. Schulman
Attachment
cc: Judith Burke, Esq.
GREENBERG TRAURIG HOFFMAN LIPOFF ROSEN & QUENTEL, P. A.
1221 BRICKELL AVENUE MIAMI, FLORIDA 33131 305-579-0500 FAX 305-579-0717
¥]IAMI NEW YORK WASHINGTON~ D.(].
EXHIBIT "A"
A parcel of land lying in the N 1/2 of the SE 1/4 of the
SW 1/4 of Section 3, Township 52 South, Range 42 East,
Dade County, Florida, being more particularly described
as follows:
~ommence at the Northeast corner of the NW 1/4 of the SE
1/4 of the SW 1/4 of said Section 3, thence run North 89
degrees 56 minutes 45 seconds West along the North line
of the NW 1/4 of the SE 1/4 of the SW 1/4 of said Section
3 for a distance of 273.11 feet to a point; thence run
South 0 degrees 02 minutes 30 seconds West a distance of
258.64 feet to a point of curvature of a curve concave
to the Northeast; thence run along the arc of said curve,
having for its elements a radius of 30 feet, a central
angle of 45 degrees 04 minutes 53 seconds for a distance
of 23.60 feet to a point of reverse curvature of a curve
concave to the Southwest, having for its elements a
radius of 100 feet, a central angle of 21 degrees 29
minutes 05 seconds .for a distance of 37.50 feet to a
point on said curve, said point bearing North 66 degrees
26 minutes 42 seconds East from the center of said curve
and being the Point of Beginning of the Parcel
hereinafter to be described; thence continue
Southeasterly along the arc of said cur;e through a
central angle of 23 degrees 34 minutes 03 seconds for a
distance of 41.13 feet to the point of tan,~.~ncy; thence
run South 0 degrees 00 minutes 45 seconC~ West for a
distance of 240.70 feet to a point; thence .run South S9
degrees 59 minutes 25 seconds East along a line parallel
to and 70 feet North, measured at right angles, from the
South line of N 1/2 of the SE 1/4 of the SW 1/4 of said
Section 3, for a distance of 868.08 feet to a point;
thence run North 0 degrees 31 minutes 59 seconds West
along a line parallel to and 40 feet West, measured at
right angles from the East line of the N 1/2 of the SE
1/4 of the SW 1/4 of said Section 3, for a distance of
385.36 feet to a point; thence run North 89 degrees 58
minutes 05 seconds West along a line parallel to and 125
feet North, measured at a right angle, from the North
line of the S 1/2 of the N 1/2 of the SE 1/4 of the SW
1/4 of said Section 3, for a distance of 576.95 feet to
a point; thence run South 0 degrees 39 minutes 25 seconds
East along a line parallel to and 50 feet East measured
at a right angle from the West line of the NE 1/4 of the
SE 1/4 of the SW 1/4 of said Section 3 for a distance of
105 feet to a point; thence run North 89 degrees 58
minutes 15 seconds West for a distance of 297.03 feet to
the Point of Beginning.
CITY OF AVENTURA
COUNCIL WORKSHOP MEETING
DECEMBER 15, 1997 - 9 A.M.
Aventura Government Center
2999 NE 191=t Street Suite 500
Aventura, Florida 33180
The meeting was called to order at 9:00 a.m. by Mayor Arthur I. Snyder. Present
were Councilmembers Arthur Berger, Ken Cohen, Harry Holzberg, Jeffrey M.
Perlow, Patricia Rogers-Libert, Vice Mayor Jay R. Beskin, Mayor Snyder, City
Manager Eric M. Soroka, City Clerk Teresa M. Smith and City Attorneys Richard
Jay Weiss and David M. Wolpin. As a quorum was determined to be present, the
meeting commenced.
Library Report. City Manager provided an update, including
correspondence from the Director of Libraries, and a list of capital items
requested by the Library. After discussion, this matter was deferred to
next Council Workshop meeting in order to obtain a more detailed 5-year
plan and further information.
Recreation and Cultural Arts Advisory Board Report. City Manager
provided an overview of the Council Subcommittee's recommendations,
including increasing the composition of the Board, changes in the
appointment process, meeting times and Board member duties.
Consensus to advertise for membership, specifying criteria for eligibility.
Founders Day Subcommittee. (Taken out of order). Consensus that
founders not be included on the Subcommittee. Mayor removed Bob
Diamond from Subcommittee. Marian Nesbitt, Don Gustin, Ginger
Grossman and Dan Eichmann added to original Subcommittee consisting
of Councilmembers Berger and Cohen. Councilmembers Berger,
Holzberg and Cohen to recommend other appointments.
Comprehensive Plan Update. Gary Dickens, Melinda Claybrook, Ed
Lindquist and Todd Popriva, representatives of the City's comprehensive
planners, Ivey, Harris & Wall, addressed Council, providing an update as
to their progress in preparation of the Comprehensive Plan. A proposed
Summary Vision Statement presented for Council consideration. After
discussion, City Manager to redraft Vision Statement. In addition, a
preliminary concept for the development of Thunder Boat Alley area was
presented to Council. City Manager to research feasibility of obtaining 14
+ acres at eastern end of area for park land. To be discussed further at
the January 1998 Workshop Meeting.
Annexation (Councilmember Cohen). Councilmember Cohen
requested that Council make a statement to the public that no plans are
anticipated to modify the present City boundaries. No action taken.
North/South Ali.qnment Study. Deferred to January 1998 Workshop
Meeting. City Manager to obtain input from affected property owners.
Other Business. Council discussed placement of holiday ornaments in
the City.
The meeting adjourned at 12:30 p.m.
Teresa M. Smith, cMc, City Clerk
Approved by Council on
MINUTES
CITY COUNCIL MEETING
TUESDAY, DECEMBER 16, 1997 6:00 P.M.
Columbia Aventura Medical Arts Building
21110 Biscayne Boulevard Suite 101
Aventura, Florida
1. CALL TO ORDER/ROLL CALL: The meeting was called to order at 6:00 p.m. by
Mayor Arthur I. Snyder. Present were Councilmembers Arthur Berger, Ken Cohen,
Harry Holzberg, Jeffrey M. Perlow, Patricia Rogers-Libert, Vice Mayor Jay R. Beskin,
Mayor Snyder, City Manager Eric M. Soroka, City Clerk Teresa M. Smith, and City
Attorney David M Wolpin. As a quorum was determined to be present, the meeting
commenced.
2. PLEDGE OF ALLEGIANCE: Mr. Zemlock led the pledge of allegiance.
3. ZONING HEARINGS - SPECIALLY SET BY COUNCIL FOR 6 P.M.
Ex-parte communications by Council, if any, were disclosed and filed with the City
Clerk in accordance with Ordinance 96-09. All witnesses giving testimony in this
hearing were sworn in by the City Clerk.
A. APPLICANT: IRA SEGAL FOR AVENTURA SHOPS, INC.
Mr. Wolpin read the following resolution by title:
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AVENTURA, FLORIDA; GRANTING
APPROVAL OF MULTI-TENANT CENTER SIGN
GRAPHICS FOR FACADE SlGNAGE FOR
PROPERTY LOCATED AT 300'1-3025 AVENTURA
BOULEVARD; PROVIDING AN EFFECTIVE DATE.
Mayor Snyder opened the public hearing. Mr. Epstein advised Council of the
applicant's request. The following individual addressed Council: Ira Segal,
applicant. There being no further speakers, the public hearing wes closed. A
motion to approve the request was offered by Councilmember Perlow, and
seconded by Councilmember Rogers-Libert. The motion failed, with Vice Mayor
Beskin and Councilmembers Berger, Cohen, Holzberg, Perlow and Rogers-Libert
voting no and Mayor Snyder voting yes.
B. APPLICANT: ROBERT LANSBURGH
Mr. Wolpin read the following resolution by title:
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AVENTURA, FLORIDA, GRANTING A
SIGN VARIANCE TO PERMIT ONE (1) WALL SIGN,
NO GREATER THAN 90 SQUARE FEET, WHERE
NO WALL SIGNS ARE PERMITTED ON THE
PROPERTY LOCATED AT 2940 NE 188TM STREET;
PROVIDING FOR AN EFFECTIVE DATE.
Mayor Snyder opened the public hearing. Mr. Epstein reviewed the applicant's
request. The following individuals addressed Council: Robert Lansburgh, applicant
and Larry Kramer, architect. There being no further speakers, the public hearing
was closed. A motion to approve the request was offered by Councilmember
Perlow, and seconded by Councilmember Holzberg. The motion passed
unanimously and Resolution No. 97-82 was adopted.
C. APPLICANT: COSCAN WATERWAYS, INC.
Mayor Snyder opened the public hearing. Stanley Price, 701 Brickell Avenue,
addressed Council. There being no further speakers, the public hearing was
closed. A motion to continue this item until February 3, 1998 at 6 p.m. was offered
by Vice Mayor Beskin, seconded by Councilmember Rogers-Libert and
unanimously passed.
D. Mr. Wolpin read the following motion:
MOTION TO APPROVE REQUEST BY
DUMBFOUNDLING BAY, LTD. FOR WAIVER FROM
MORATORIUM, SUBJECT TO CONDITIONS AS
OUTLINED IN CITY MANAGER'S MEMORANDUM
DATED DECEMBER 8, 1997
Mr. Soroka explained the request. Mayor Snyder opened the public hearing. Mr.
Price addressed Council. There being no further speakers, the public hearing was
closed. A motion for approval was offered by Councilmember Cohen, seconded by
Councilmember Berger and passed 6-1, with Mayor Snyder and Councilmembers
2
Cohen, Berger, Rogers-Libert, Holzberg and Perlow voting yes and Vice Mayor
Beskin voting no.
E. Mr. Wolpin read the following motion:
MOTION TO APPROVE REQUEST BY HAPPINESS,
INC. FOR WAIVER FROM MORATORIUM,
SUBJECT TO CONDITIONS AS OUTLINED IN CITY
MANAGER'S MEMORANDUM DATED DECEMBER
8, 1997
Mayor Snyder opened the public hearing. There being no speakers, the public
hearing was closed. As the applicant was not in attendance, a motion to table this
matter until January 6, 1998 at 6 p.m. was offered by Councilmember Berger,
seconded by Councilmember Cohen and passed unanimously.
F. Mr. Wolpin read the following motion:
MOTION TO APPROVE REQUEST BY GEORGE
ARANDA FOR WAIVER FROM MORATORIUM,
SUBJECT TO CONDITIONS AS OUTLINED IN CITY
MANAGER'S MEMORANDUM DATED DECEMBER
9, 1997
Mayor Snyder opened the public hearing. There being no speakers, the public
hearing was closed. A motion for approval was offered by Councilmember Cohen,
seconded by Councilmember Holzberg and unanimously passed.
A motion to address item 10 at this time was offered by Councilmember Perlow,
seconded by Councilmember Cohen and passed 6-1, with Mayor Snyder, Vice
Mayor Beskin and Councilmembers Cohen, Berger, Holzberg, and Perlow voting
yes and Councilmember Rogers-Libert voting no.
10. OTHER BUSINESS:
RECONSIDERATION OF WATERWAYS
MARINA REQUEST FOR CLASS I PERMIT
RESORT
A motion to reconsider this matter was offered by Councilmember Cohen,
seconded by Councilmember Holzberg and passed unanimously. Raymond
Graziotto, Waterways Marina, and Paul Libert, La Mirage, addressed Council. A
motion was offered by Councilmember Perlow and seconded by Councilmember
Holzberg to approve the request, subject to the conditions that 1) the vessel be
used solely as a harbormaster's office and 2) that the vessel be removed by
January 1, 1999 and 3) the approval is subject to final approval by Dade County
3
Environmental Resources Management (DERM). The motion for approval passed
unanimously.
4. APPROVAL OF MINUTES: A motion to approve the minutes of the November 18,
1997 Council Meeting was offered by Councilmember Perlow, seconded by
Councilmember Rogers-Libert and unanimously passed.
5. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS:
Councilmember Perlow requested removal of items 7-B, 7-D and 7-H from the
Consent Agenda. Councilmember Berger requested removal of item 7-G from the
Consent Agenda.
6. SPECIAL PRESENTATIONS: None.
CONSENT AGENDA: Mr. Soroka explained each item on the Consent Agenda. A
motion for approval was offered by Councilmember Rogers-Libert, seconded by
Councilmember Perlow and unanimously passed, thus the following action was
taken:
Mr. Wolpin read the following ordinance by title which
was passed by roll call vote:
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA ADOPTING AND ENACTING A CITY
CODE FOR THE CITY OF AVENTURA; PROVIDING
FOR GENERAL PROVISIONS; ADMINISTRATION;
ANIMALS; BUILDINGS AND BUILDING
REGULATIONS; BUSINESS REGULATIONS;
LICENSES AND PERMITS; CABLE
COMMUNICATIONS; ELECTIONS;
ENVIRONMENT; PLANNING AND ZONING; SOLID
WASTE; STREETS, SIDEWALKS AND OTHER
PUBLIC PLACES; PROVIDING FOR PENALTY
FOR VIOLATION; PROVIDING FOR THE MANNER
OF AMENDING SUCH CODE; PROVIDING FOR
WHEN SUCH CODE AND THIS ORDINANCE
SHALL BECOME EFFECTIVE.
C. Resolution No. 97-83 was adopted as follows:
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AVENTURA, FLORIDA, AUTHORIZING
AND SUPPORTING GRANT FUNDING
ASSISTANCE FROM THE METROPOLITAN
PLANNING ORGANIZATION IN THE SUM OF
4
$24,000.00 FOR THE EXECUTION OF THE
MUNICIPAL PUBLIC TRANSIT STUDY AS
DESCRIBED IN EXHIBIT "A"; AUTHORIZING THE
CITY MANAGER TO DO ALL THINGS NECESSARY
TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING AN EFFECTIVE
DATE.
E. Resolution No. 97-84 was adopted as follows:
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AVENTURA, FLORIDA, EXPRESSING
OPPOSITION TO S 1256, THE CITIZENS ACCESS
TO JUSTICE ACT OF 1997, AS PRESENTLY
UNDER CONSIDERATION BY THE UNITED
STATES SENATE; AND PROVIDING AN
EFFECTIVE DATE.
F. Resolution No. 97-85 was adopted as follows:
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AVENTURA, FLORIDA, APPROVING THE
APPOINTMENT OF MEMBERS TO THE CITY OF
AVENTURA BEAUTIFICATION ADVISORY
BOARD; AND PROVIDING AN EFFECTIVE DATE.
The following items were removed from the Consent Agenda and addressed separately:
B. Mr. Wolpin read the following resolution by title:
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AVENTURA, FLORIDA AUTHORIZING
THE CITY MANAGER TO EXECUTE THE
ATTACHED TRAFFIC CONTROL JURISDICTION
AGREEMENT BETVVEEN THE CORONADO
CONDOMINIUM ASSOCIATION, INC. AND THE
CiTY OF AVENTURA; AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS NECESSARY TO
CARRY OUT THE AIMS OF THIS RESOLUTION;
AND PROVIDING AN EFFECTIVE DATE.
A motion for approval was offered by Councilmember Rogers-Libert, seconded by Vice
Mayor Beskin and unanimously passed, thus Resolution No. 97-86 was adopted.
5
Dm
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AVENTURA, FLORIDA AUTHORIZING
THE CITY MANAGER, ON BEHALF OF THE CITY,
TO ENTER INTO AN AGREEMENT WITH
TRANSPORT ANALYSIS PROFESSIONALS, INC.
TO CONDUCT A TRAFFIC OPERATIONS STUDY;
AUTHORIZING THE CITY MANAGER TO DO ALL
THINGS NECESSARY TO CARRY OUT THE AIMS
OF THIS RESOLUTION; AND PROVIDING AN
EFFECTIVE DATE.
The following individuals addressed Council: George Berlin, Turnberry & Associates;
Harold Reiner, Coronado; Joseph Platnick, Del Prado; George Feffer, Admirals Port;
and Robert Jordan, Commodore Plaza. A motion to approve this resolution, including a
study of Miami Gardens Drive, was offered by Vice Mayor Beskin, seconded by
Councilmember Rogers-Libert and Resolution No. 97-87 was unanimously passed.
G. Mr. Wolpin read the following resolution by title:
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AVENTURA, FLORIDA AUTHORIZING
THE CITY MANAGER TO EXECUTE THE
A'I-FACHED AGREEMENT FOR CONSULTING
SERVICES FOR DESIGN AND CONSTRUCTION
ADMINISTRATION OF THE GOVERNMENT
CENTER, POLICE FACILITY AND CULTURAL
CENTER, AS SET FORTH IN RFQ 97-9-24-2;
AUTHORIZING THE CITY MANAGER TO DO ALL
THINGS NECESSARY TO CARRY OUT THE AIMS
OF THIS RESOLUTION; AND PROVIDING AN
EFFECTIVE DATE.
Michael Shift, Michael A. Shiff and Associates, addressed Council. A motion for
approval was offered by Councilmember Roger-Libert, seconded by Vice Mayor
Beskin and unanimously passed, thus Resolution No. 97-88 was adopted.
H. Mr. Wolpin read the following resolution by title:
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AVENTURA, FLORIDA, ACCEPTING
DEDICATION OF RIGHT-OF-WAY PURSUANT TO
DEVELOPMENT AGREEMENT BETWEEN THE CITY
OF AVENTURA AND AVENTURA COMMONS
ASSOCIATES LTD. AND TRAFALGAR
6
ASSOCIATES OF AVENTURA LTD.; PROVIDING
FOR EFFECTIVE DATE.
A motion for approval was offered Vice Mayor Beskin, seconded by Councilmember
Cohen and unanimously passed, thus Resolution No. 97-89 was adopted.
8. PUBLIC HEARINGS: ORDINANCES- SECOND READING
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA; PROVIDING FOR AMENDMENT OF THE
CITY CHARTER BY AMENDING SECTION 2.02
"MAYOR AND VICE MAYOR", TO PROVIDE FOR
SEMI-ANNUAL APPOINTMENT OF VICE MAYOR;
AMENDING SECTION 2.05 "VACANCIES;
FORFEITURE OF OFFICE; FILLING OF
VACANCIES" BY AMENDING SUBSECTION (C)
"FILLING OF VACANCIES" TO REVISE
PROCEDURE FOR FILLING VACANCY IN OFFICE
OF MAYOR AND COUNClLMEMBERS, REVISING
PROVISION WHICH PROVIDED FOR VICE MAYOR
TO FILL VACANCY IN THE OFFICE OF MAYOR;
AMENDING SECTION 3.05 "BOND OF CITY
MANAGER" TO PROVIDE THAT CITY COUNCIL
MAY BY ORDINANCE REQUIRE CITY MANAGER
TO FURNISH A FIDELITY BOND; AMENDING
SECTION 5.01 "ELECTIONS" TO REVISE DATE OF
ELECTION FOR MAYOR AND COUNCIL, DATE OF
COMMENCEMENT OF TERMS, AND TO EXTEND
CURRENT TERM OF OFFICE; AMENDING SECTION
8.07 "INITIAL ELECTION OF COUNCIL AND
MAYOR" TO CONFORM TO AMENDMENT OF
SECTION 5.01; AMENDING SECTION 7.03
"CONFLICTS OF INTEREST; ETHICAL
STANDARDS" TO ENABLE CITY COUNCIL TO
ADOPT ADDITIONAL CODE OF ETHICS
REQUIREMENTS; AMENDING CHARTER BY
CHANGING THE DESIGNATION OF THE CITY
"COUNCIL" TO THE CITY "COMMISSION" AND
SUBSTITUTING FOR THE TERM
"COUNClLMEMBER" THE DESIGNATION
"COMMISSIONER", AMENDING ALL SECTIONS OF
THE CHARTER IN CONFORMITY THEREWITH;
PROVIDING REQUISITE BALLOT LANGUAGE FOR
SUBMISSION TO ELECTORS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN
7
THE CHARTER; PROVIDING FOR ADOPTION OF
ENABLING RESOLUTION; AND PROVIDING FOR
AN EFFECTIVE DATE.
Mayor Snyder opened the public headng. There being no speakers, the public
hearing was closed. A motion to remove Sections 4 and 5 from the ordinance for
separate vote was offered by Councilmember Berger, seconded by Councilmember
Perlow and failed 4-3, with Councilmembers Berger, Rogers-Libert and Perlow
voting yes and Councilmembers Cohen and Holzberg, Vice Mayor Beskin and
Mayor Snyder voting no. A motion to approve the ordinance was offered by
Councilmember Cohen, seconded by Vice Mayor Beskin and passed 4-3, with
Councilmembers Cohen, Holzberg, Vice Mayor Beskin and Mayor Snyder voting yes
and Councilmembers Berger, Rogers-Libert and Perlow voting no. Thus Ordinance
No. 97-30 was enacted.
9. RESOLUTIONS: None
I'I.REPORTS: As submitted.
'12. PUBLIC COMMENTS: The following individuals addressed Council: Mr. Reiner;
and Mr. Feffer
13. ADJOURNMENT. There being no further business to come before Council at this
time, after motion made, seconded and unanimously passed, the meeting adjourned
at 8:20 p.m.
Approved by Council on
Teresa M. Smith, CMC, City Clerk
Anyone wishing to appeal any decision made bythe 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 if made, which record includes the testimony and evidence upon which
the appeal is to be based.
8
TO:
FROM:
DATE:
SUBJECT:
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
City Council C~
Eric M. Soroka,
December 24, 1997 ~
Traffic Control Jurisdiction Agreement - Turnberry Isle South
January 6, 1998 City Council Meeting Agenda Item
RECOMMENDATION
It is recommended that the City Council authorize the execution of the attached Traffic
Control Jurisdiction Agreement with the Turnberry Isle South Condominium Association
to provide traffic control jurisdiction by our Police Department over the private roads
within the condominium. The Agreement will increase the visibility of the police force
and enhance traffic enfomement.
BACKGROUND
In our continued efforts to provide improved police services to the community, we have
initiated a program that allows a condominium to enter into an Agreement with the City
to provide traffic control jurisdiction over a private roadway within the development.
This permits the Police Department to conduct traffic enforcement activities on private
property at the request of the owner.
Florida State Statute 316.006 allows municipalities to enter into such agreements
provided they are reimbursed for the actual costs of traffic control and enforcement, the
owner agrees to indemnify the City and provide liability insurance.
The City will bill the owner $25.00 per hour for each officer required to perform the
traffic enforcement detail when requested by the owner. Whenever possible, traffic
complaints made by the occupants of the property will be responded to and handled as
a call for service, without charge to the owner.
Memo to City Council
Page 2
The program has been received well by the community.
If you have any questions, please feel free to contact me.
EMS/aca
Attachment
CC0441-97
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA AUTHORIZING THE CITY
MANAGER TO EXECUTE THE ATTACHED TRAFFIC
CONTROL JURISDICTION AGREEMENT BET~NEEN THE
TURNBERRY ISLE SOUTH CONDOMINIUM
ASSOCIATION, INC. AND THE CITY OF AVENTURA;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City Manager is hereby authorized to execute the attached
Traffic Control Jurisdiction Agreement between the Turnberry Isle South Condominium
Association, Inc. and the City of Aventura.
.Section 2. The City Manager is hereby authorized to do all things necessary to
carry out the aims of this Resolution.
.Section3. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Councilmember ,
who moved its adoption. The motion was seconded
, and upon being put to a vote, the vote was as follows:
Councilmember Arthur Berger
Councilmember Ken Cohen
by Councilmember
Resolution No. 97-
Page 2
Councilmember Harry Holzberg
Councilmember Jeffrey M. Perlow
Councilmember Patricia Rogers-Libert
Vice Mayor Jay R. Beskin
Vice Mayor Mayor Arthur I. Snyder
PASSED AND ADOPTED this 6th day of January, 1998.
ATTEST:
ARTHURI. SNYDER, MAYOR
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
EMS/tms
TRAFFIC CONTROL JURISDICTION AGREEMENT
THIS AGREEMENT is made and entered ir~ this ~L~_day of ~. 199 -,'7
by and betwee~'""'""~~''
(the "Owner") and the City of Aventura, Florida, a Florida municipal corporation (the
"City").
RECITALS
A. Owner owns fee simple title to all the private roadways within the area
described as follows:
of Dade County, Florida, and commonly known as
(the "Pdvate Roads").
B. Owner desires the City to exercise traffic control jurisdiction over the Pdvate
Roads, and City desires to exercise such traffic control jurisdiction, pursuant to Florida
State Statutes 316.006.
NOW, THEREFORE, fo~ Ten and No/100. Dollars ($10.00) and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
Owner and City agree as follows:
1. Rec tals.. The foregoing Recitals are true and correct and are incorporated
herein by this reference.
2. Traffic Control Jurisdiction Services. The City agrees to exercise traffic
control jurisdiction over the Pdvate Roads in accordance with the following terms and
conditions.
(a) City shall provide for Police Officers of its Police Department {0 patrol, by
motor vehicle, the Private Roads, in accordance with the schedule and manpower
indicated on Exhibit "A' attached hereto, subject to availability.
(b) In exercising such traffic control jurisdiction, the City shall enforce the
traffic laws generally applicable to streets and highways under the City's odginal
jurisdiction which are similar in nature to the Pdvate Roads, except only that the City
shall enforce the speed limit established by Owner, in Owner's sole discretion, for the
Private Roads, which speed limit Owner shall post along the Pdvate .Roads by
appropriate signage.
(c) The City's exercise of traffic control jurisdiction pursuant to this Agreement
shall be in addition to the jurisdictional authority presently exercised by the City over the
Private Roads under law, and nothing herein shall be construed to limit or remove any
such jurisdictional authority, the City agreeing to continue to provide such other police
services as are otherwise provided under law.
(d) In addition to exercising traffic control jurisdiction over the Pdvate Roads
as indicated on Exhibit "A", the City shall be entitled to exercise traffic control
jurisdiction, even when not requested by Owner; provided, however, the City shall not
be entitled to any compensation from Owner pursuant to Paragraph 3 below for
exerciSing such discretionary additional traffic control jurisdiction, although the City shall
2
be entitled to retain all revenues from traffic citations issued by the City for violations of
traffic laws along the Pdvate Roads, in accordance with law.
(e) Nothing in this Agreement shall require, authorize or permit the City to
exercise any control or responsibility concerning the installation or maintenance of traffic
control devices.
3. Compensation. Owner shall compensate City for the services performed
by the City under this Agreement at the rate indicated on Exhibit mB" attached hereto, so
as to assure full reimbursement for costs incurred by City, as determined by City, on the
15th day of each month for service provided in the prior month, upon invoice from City.
In addition, the City shall be entitled to retain all revenues from traffic citations issued by
the City [or violation of traffic laws along the Private Roads as provided by law. Except
as provided in the first sentence of this Paragraph 3, Owner shall not be responsible to
pay the City any compensation for performing 'police services pursuant to this
Agreement. This shall not preclude the assessment of impact fees or other fees
provided by law.
4. Liability Not Increased. Neither the 'existence of this Agreement nor
anything contained herein shall give rise to any greater liability on the part of the City
than the City would ordinarily be subjected to when providing its normal police services
as routinely provided throughout the City.
5. Term. The term of this Agreement shall be one (1) year commencing on
the date hereof and ending one (1) year following the date hereof, and shall thereafter
automatically continue for successive one (1) year terms, unless terminated by either
3
party upon written notice to the other party given at least thirty (30) days prior to the
expiration of the then-applicable one (1) year term.
6. Entire Agreement. This Agreement, together with the Permit, constitutes
the entire understanding and agreement of the parties with respect to the subject matter
hereof and may not be changed, altered or modified except by an instrument in writing
signed by the party against whom enforcement of such change would be sought.
7. Governin,q Law. This Agreement shall be governed by and construed in
accordanc~ with the laws of the State of Florida. Venue for any litigation between the
parties for any controversy arising from or related to this Agreement shall be in the 11th
Judicial C rcuit in and for Dade County, Florida.
8. Indemnification and Insurance. Owner agree? .to defend, indemnify and
hold the City harmless from any claim, demand, suit, loss, cost, expense or damage
which may be asserted, claimed or recovered against or from the City' by reason of any
property damage or bodily injury, including death, sustained by any person
whomsoever, which said claim, demand, suit, loss, cost, expense or damage arises out
of or is incidental to or in any way connected with this Agreement, and regardless Of
whether such claim, demand, suit, loss, damage, cost or expense is caused in whole or
in part by City's negligence, or by the negligence of City's agents, servants or
employees. In support, but not in limitation of this indemnification provision, Owner
hereby agrees to maintain and pay all premiums for a policy of comprehensive general
liability insurance in an amount of not less then $300,000 combined single limit
insurance covedng any occurrence on or adjacent to the Private Roads desCribed
above, resulting in property damage or bodily, injury or death to person or persons.
4'
Such insurance policy shall name the City and City's officers, agents and employees as
additional insured with respect to traffic control or enforcement of the Private Roads and
shall provide for 30 days prior written notice of any cancellation or change in scope or
amount of coverage of such policy. Owner shall fumish City with a C~rtificate of
Insurance evidencing compliance with the provisions of this section.
EXECUTED as of the date first above written in several counterparts, each of
which shall be deemed an original, but all constituting one Agreement.
Signed, sealed and delivered
In the presence of:
OWNER:
ATTEST:
Teresa M. smith, CMC
City Clerk
Approved as to Legal Sufficiency:
CITY OF AVENTURA, a Flodda
Municipal corporation
By¸
Eric M. Soroka
City Manager
City Attorney
Exhibit A
Patrol
Aventura Police Offi~arked police vehicles or motorcycles will patrol the
private roads of the ! ~""'~_~~¥ L~ .~ ~, on
a random basis 24 hours pa? day~-Whenev~er possible, 'l'raffic complaints made
by occupants of the property, will be responded to and handled as a call for
service, without charge to the Owner. Traffic complaints that require extended
patrol, where the cost of service will be billed to the Owner, will only be
conducted with prior approval of the Owner. When requested by the Owner to
perform specitic traffic enforcement duties, the Owner will be billed in accordance
with Exhibit B.
Exhibit B
Compensation
The City will bill the Owner $25.00 per hour for each officer required to I~erform
the requested traffic enforcement detail.
TO:
FROM:
DATE:
SUBJECT:
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
City Council (
Eric M. Soroka, City~'~
Dec~.mber 24, 1997 \
Traffic Control Jurisdiction'Agreement-
Biscaya III
January 6, 1998 City Council Meeting Agenda Item
RECOMMENDATION
It is recommended that the City Council authorize the execution of the attached Traffic
Control Jurisdiction Agreement with the Biscaya III Condominium Association, Inc. to
provide traffic control jurisdiction by our Police Department over the private roads within
the condominium. The Agreement will increase the visibility of the police fome and
enhance traffic enforcement.
BACKGROUND
In our continued efforts to provide improved police services to the community, we have
initiated a program that allows a condominium to enter into an Agreement with the City
to provide traffic control jurisdiction over a private roadway within the development.
This permits the Police Department to conduct traffic enforcement activities on private
property at the request of the owner.
Florida State Statute 316.006 allows municipalities to enter into such agreements
provided they are reimbursed for the actual costs of traffic control and enforcement, the
owner agrees to indemnify the City and provide liability insurance.
The City will bill the owner $25.00 per hour for each officer required to perform the
traffic enforcement detail when requested by the owner. Whenever possible, traffic
complaints made by the occupants of the property will be responded to and handled as
a call for service, without charge to the owner.
Memo to City Council
Page 2
The program has been received well by the community.
If you have any questions, please feel free to contact me.
EMS/aca
Attachment
CC0440-97
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA AUTHORIZING THE CITY
MANAGER TO EXECUTE THE ATTACHED TRAFFIC
CONTROL JURISDICTION AGREEMENT BETWEEN
BISCAYA III CONDOMINIUM ASSOCIATION, INC. AND
THE CITY OF AVENTURA; AUTHORIZING THE CiTY
MANAGER TO DO ALL THINGS NECESSARY TO CARRY
OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING
AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City Manager is hereby authorized to execute the attached
Traffic Control Jurisdiction Agreement between Biscaya III Condominium Association,
Inc. and the City of Aventura.
Section 2. The City Manager is hereby authorized to do all things necessary to
carry out the aims of this Resolution.
Section 3. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by 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 Ken Cohen
Resolution No. 97-
Page 2
Councilmember Harry Holzberg
Councilmember Jeffrey M. Perlow
Councilmember Patricia Rogers-Libert
Vice Mayor Jay R. Beskin
Vice Mayor Mayor Arthur I. Snyder
PASSED AND ADOPTED this 6th day of January, 1998.
ATTEST:
ARTHURI. SNYDER, MAYOR
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
EMS/tms
TRAFFIC CONTROL JURISDICTION AGREEMENT
THIS AGREEMENT is made and entered into this ~ I day of ~'~~ 199_~
by and between _"~!~ t~,.._~-- ~'~,y~,.~_D J L,~,~Y~ ,/0r-.g,gc)c--~'O~._C~
(the "Owner") and the City of Aventura, Florida, a Florida municipal corporation (the
"City").
RECITALS
A. Owner owns fee simple title to all the private roadways within the area
described as follows:
of Dade County, Florida, and commonly known as
(the "Private Roads").
B. Owner desires the City to exercise traffic control jurisdiction over the Pdvate
Roads, and City desires to exercise such traffic control jurisdiction, pursuant to Flodda
State Statutes 316.006.
NOW, THEREFORE, for Ten and No/100 Dollars ($10.00) and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
Owner and City agree as follows:
1. Recitals. The foregoing Recitals are true and correct and are incorporated
herein by this reference.
2. Traffic Control Jurisdiction Services. The City agrees to exercise traffic
control jurisdiction over the Private Roads in accordance with the following terms and
conditions.
(a) City shall provide for Police Officers of its Police Department to patrol, by
motor vehicle, the Private Roads, in accordance with the schedule and manpower
indicated on Exhibit "A" attached hereto, subject to availability.
(b) In exercising such traffic control jurisdiction, the City shall enforce the
traffic laws generally applicable to streets and highways under the City's original
jurisdiction which are similar in nature to the Pdvate Roads, except only that the City
shall enforce the speed limit established by Owner, in Owner's sole discretion, for the
Private Roads, which speed limit Owner shall post along the Private Roads by
appropriate signage.
(c) The City's exercise of traffic control jurisdiction pursuant to this Agreement
shall be in addition to the jurisdictional authority presently exercised by the City over the
Private Roads under law, and nothing herein shall be construed to limit or remove any
such jurisdictional authority, the City agreeing to continue to provide such other police
services as are otherwise provided under law.
(d) In addition to exercising traffic control jurisdiction over the Private Roads
as indicated on Exhibit ~A", the City shall be entitled to exercise traffic control
jurisdiction, even when not requested by Owner; provided, however, the City shall not
be entitled to any compensation from Owner pursuant to Paragraph 3 below for
exercising such discretionary additional traffic control jurisdiction, although the City shall
2
be entitled to retain all revenues from traffic citations issued by the City for violations of
traffic laws along the Private Roads, in accordance with law.
(e) Nothing in this Agreement shall require, authorize or permit the City to
exercise any control or responsibility concerning the installation or maintenance of traffic
control devices.
3. Compensation. Owner shall compensate City for the sery ces performed
by the City under this Agreement at the rate indicated on Exhibit "B" attached hereto, so
as to assure full reimbursement for costs incurred by City, as determined by City, on the
'~5th day of each month for service provided in the pdor month, upon invoice from City.
In addition, the City shall be entitled to retain all revenues from traffic citations issued by
the City for violation of traffic laws along the Private Roads as provided by law. Except
as provided in the first sentence of this Paragraph 3, Owner shall not be responsible to
pay the City any compensation for performing police services pursuant to this
Agreement. This shall not preclude the assessment of impact fees or other fees
provided by law.
4. Liability Not Increased. Neither the existence of this Agreement nor
anything contained herein shall give rise to any greater liability on the part of the City
than the City would 0rdinadly be subjected to when providing its normal police services
as routinely provided throughout the City.
5. Term. The term of this Agreement shall be one (1) year commencing on
the date hereof and ending one (1) year following the date hereof, and shall thereafter
automatically continue for successive one (1) year terms, unless terminated by either
3
party upon written notice to the other party given at least thirty (30) days prior to the
expiration of the then-applicable one (1) year term.
6. Entire Agreement. This Agreement, together with the Permit, constitutes
the entire understanding and agreement of the parties with respect to the subject matter
hereof and may not be changed, altered or modified except by an instrument in writing
signed by the party against whom enforcement of such change would be sought.
7. Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Florida. Venue for any litigation between the
parties for any controversy arising from or related to this Agreement shall be in the 11th
Judicial Circuit i.n and for Dade County, Florida.
8. Indemnification and Insurance. Owner agrees to defend, indemnify and
hold the City harmless from any claim, demand, suit, loss, cost, expense or damage
which may be asserted, claimed or recovered against or from the City by reason of any
property damage or bodily injury, including death, sustained by any person
whomsoever, which said claim, demand, suit, loss, cost, expense or damage arises out
of or is incidental to or in any way connected with this Agreement, and regardless of
whether such claim, demand, suit, loss, damage, cost or expense is caused in whole or
t
in part by City's negligence, or by the negligence of City's agents, servants or
employees. In support, but not in limitation of this indemnification provision, Owner
hereby agrees to maintain and pay all premiums for a policy of comprehensive general
liability insurance in an amount of not less then $300,000 combined single limit
insurance covering any occurrence on or adjacent to the Private Roads described
above, resulting in property damage or bodily injury or death to person or persons.
4
Such insurance policy shall name the City and City's officers, agents and employees as
additional insured with respect to traffic control or enforcement of the Pdvate Roads and
shall provide for 30 days pdor written notice of any cancellation or change in scope or
amount of coverage of such policy. Owner shall furnish City with a Certificate of
Insurance evidencing compliance with the provisions of this section.
EXECUTED as of the date first above written in several counterparts, each of
which shall be deemed an original, but all constituting one Agreement.
Signed, sealed and delivered
In the presence ,of: ~, ,,
A'I-rEST:
Teresa M. Smith, CMC
City Clerk
Approved as to Legal Sufficiency:
City Attorney
..~WNER:
CITY OF AVENTURA, a Florida
Municipal corporation
By
Eric M. Soroka
City Manager
5
Exhibit A
Patrol
Aventura Police Officers in marked police vehicles or motorcycles will patrol the
private roads of the ~,m~=-~7~.,, ~ ~'owo/o~.~/~,,3,,-.~ on
a random basis 24 hours per day. Whenever possible, Traffic complaints made
by occupants of the property, will be responded to and handled as a call for
service, without charge to the Owner. Traffic complaints that require extended
patrol, where the cost of service will be billed to the Owner, will only be
conducted with prior approval of the Owner. When requested by the Owner to
perform specific traffic enforcement duties, the Owner will be billed in accordance
with Exhibit B.
Exhibit B
Compensatipn
The City will bill the Owner $25.00 per hour for each officer required to perform
the requested traffic enforcement detail.
CITY OF AVENTURA
COMMUNITY SERVICES DEPARTMENT
TO:
FROM:
BY:
DATE:
SUBJECT:
MEMORANDUM
City Council
Eric M. Soroka, Ci r
Robert M. Sherman, Dir'L~,t f Community Services _'X~
December 24, 1997
Resolution Selecting Bermello, Ajamil, & Partners, Inc. to Perform
Professional Consulting Services Relative to ISQ # 12-2-2
January 6, 1998 City Council Meeting Agenda Item
Recommendation
It is recommended that the City Council adopt the attached resolution selecting the firm
of Bermello, Ajamil, & Partners, Inc. to perform the Municipal Public Transit Study as
contained in the Invitation to Submit Qualifications # (ISQ) 12-2-2.
Background
An ISQ was issued and advertised in accordance with the Consultants' Competitive
Negotiation Act (CCNA) for interested firms to conduct this study. The three firms that
responded were Carr Smith Corradino, David Plummer & Associates, and Bermello,
Ajamil & Partners.
A letter was received from David Plummer and Associates on December 17, 1997
withdrawing from further consideration. The remaining two firms were interviewed on
December 18, 1997 by a staff selection committee composed of Eric M. Soroka, City
Manager; Harry M. Kilgore, Director of Finance Support Services; and Robert M.
Sherman, Director of Community Services.
Both firms were given the opportunity to make a presentation to the selection
committee followed by a question and answer period. Based upon their presentation,
both firms were then awarded a maximum of 20 points in five areas, establishing a
maximum score of 100 points.
City Council
December 24, 1997
Page 2
The firms were rated in the areas of public transportation expertise, innovative
concepts, available resources, similar experiences, and overall presentation.
ISO# 97-12-2-2 Municipal Public Transit Study Interview Scoresheet
Name of Firm: Carr Smith Corrandino
Public Transportation Innovative Available Similar Overall TOTAL
Rater Expertise Concepts Resources Experience Presentation POINTS
Kilgore 18 15 15 15 15 78
Sherman 15 14 15 16 15 75
Soroka 17 16 14 17 17 81
Average 16.67 15.00 14.67 16.00 15.67 78.00
Name of Firm: Bermello Ajamil
Public Transportation Innovative Available Similar Overall TOTAL
Rater Expertise Concepts Resources Experience Presentation POINTS
Kilgore 18 15 18 15 20 86
Sherman 15 18 18 16 18 85
Soroka 17 15 18 17 18 85
Average 16.67 16.00 18.00 16.00 18.67 85.33
Bermello, Ajamil, & Partners, Inc. attained the highest ratings from all three panelists.
The outstanding factors in Bermello, Ajamil's presentation were the following items:
1. A local project manager will be available to the City 100% of the time.
2. Incorporated the Center for Urban Transportation Research (CUTR) into their
project team, giving their firm additional local resources for this project.
3. Included public input and participation throughout the study, not just at the
start of the project.
4. The study will be completed within sixty days.
Carr Smith Corrandino's project manager is based in Kentucky. He will be available to
the City 50% of his time for this study. They proposed a three-month period to
complete the study. The public input portion of their plan included one public meeting
and workshop.
If you have any further questions, please feel free to contact me.
Attachment
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AVENTURA, FLORIDA, SELECTING THE FIRM OF BERMELLO,
AJAMIL & PARTNERS, INC. TO PERFORM PROFESSIONAL
CONSULTING SERVICES RELATIVE TO ISQ NO. 97-12-2-2,
MUNICIPAL PUBLIC TRANSIT STUDY; AUTHORIZING THE CITY
MANAGER OF THE CITY OF AVENTURA, FLORIDA, ON BEHALF OF
SAID CITY, TO NEGOTIATE THE TERMS AND FEES FOR SAID
WORK; AUTHORIZING NEGOTIATIONS WITH ALTERNATE FIRM TO
PERFORM THE REQUIRED SERVICES SHOULD NEGOTIATIONS
WITH SELECTED FIRM BE UNSUCCESSFUL; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Aventura, in accordance with applicable State law, has
requested proposals from firms for services relative to Professional Consulting
Services; and
WHEREAS, said proposals were evaluated by a Review Committee consisting of
the Director of Community Services, the Director of Finance Support Services, and the
City Manager; and
WHEREAS, said Review Committee recommends the selection of the firm of
Bermello, Ajamil & Partners, Inc. based on said firm's experience and qualifications;
and
WHEREAS, said Review Committee recommends the selection of the firm of
Carr Smith Corrandino, should the City be unable to reach favorable terms with
Bermello, Ajamil & Partners, Inc.; and
WHEREAS, the City Council desires to authorize the City Manager to negotiate
a scope of services and fees with the recommended firm, and with the alternate firm,
should negotiations with the recommended firm be unsuccessful.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, THAT:
Section 1. The firm of Bermello, Ajamil & Partners, Inc. be and the same is
hereby selected to perform Professional Architectural Services for the City relative to
ISQ No. 97-12-2-2, Municipal Public Transit Study.
Section 2. The firm has been selected on the basis of its experience and
qualifications and has not finalized a fee structure with the City. Therefore, the City
Manager shall immediately negotiate the scope of services and basis of fees with said
firm.
Resolution No.
Page 2
Section 3. The basis of fees above described shall be negotiated by the City
Manager and approved by the City Council prior to said firm beginning any labor or
work for which the City may later be billed.
Section 4. In the event the City is unable to come to favorable terms and fees
with the firm of Bermello, Ajamil & Partners, Inc. the City Manager is hereby authorized
to negotiate scope of services and fees with the alternate firm of Cart Smith
Corrandino.
Section 5. This Resolution shall become effective immediately upon its
adoption.
who
The foregoing resolution was offered by Councilmember
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 Ken Cohen
Councilmember Harry Holzberg
Councilmember Jeffrey M. Perlow
Councilmember Patricia Rogers-Libert
Vice Mayor Jay R. Beskin
Mayor Arthur I. Snyder
PASSED AND ADOPTED this 6th day of January, 1998.
ATTEST:
ARTHURI. SNYDER, MAYOR
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
December 2, 1997
BERMELLO.AJAMIL
& PARTNER$.INC
, PLANNING · iNTERiOR
Mr. Eric M. Soroka, City Manager
City of Aventura
2999 N.E. 191s' Street, Suite 500
Aventura, FL 33180
Re: Municipal Public Transit Study, -- ISQ #97-1;2-2-2
Dear Mr. Soroka:
Bermello, Ajamil & Partners (B&A) is pleased to present our team's qualifications to perform
Aventura's Municipal Transit Study. The B&A team provides extensive local knowledge and traffic
expertise as well as a wealth of similar project experience in municipal transit studies and their
implementation.
Team Expertise
B&A has teamed with the Center for Urban Transportation Research (CUTR) at the University of
South Florida. CUTR, a federally designated National Urban Transit Institute, conducts research
in growing urban areas to develop innovative, pragmatic approaches to transportation problems.
The Center prepared recent transit development plans for Winter Haven, Key West, Brevard
County and Lee County, among others (see examples, Section 2). CUTR's work with Broward
County Transit allowed it to reduce costs by 90% while quadrupling ridership in areas of relatively
Iow demand. Joel Volinski, CUTR's Deputy Director for Transit, for 10 years Director of Broward
County Transit, was an innovator in establishing municipal transit services through interlocal
agreements. BCT won three 1st Place awards from APTA for transit marketing and
communications. Mr. Volinski currently works two days a week as an "in-house consultant" at
MDTA for transit management issues. He will be able to maximize the coordination between the
County and the City of Aventura.
Key lssues
Our team's approach focuses on success-based elements.
Public Involvern~nt- Critical to success for municipal transit is community input
and support. Local "ownership" in designing the service promotes its success. The
B&A team will seek input from users, residents and property owners through
ongoing, two-way communications that may include workshops, focus group
surveys, and print and A/V communications.
2801 SOUTH BAYSHORE DRIVE · 10TH FLOOR , MIAMI FL 33133 · 305 859 2050 * FAX 305 855 9636
Mr. Eric Soroka
Page 2
· System Type - The City has identified a circulator-type system· The B&A team
proposes that choice of system type should be confirmed based on needs and
analysis of different types of systems including circulator, demand-responsive,
point-deviation, and route-deviation systems.
· Partnering - The B&A team is experienced in developing mutually beneficial and
ooperative partnerships among various agencies to share the capital and O&M
costs, enhance system-wide efficiency; and improve connectivity to point of
generation and destinations. Using this approach, options with MDTA might include
eliminating selected MDTA routes on the City transit routes and building transfer
facilities jointly.
· Effective Advertising - Effective advertising can facilitate successful implementation
of Aventura's Public Transit Program. Advertising opportunities exist using
traditional media as well as seeking local business and condominium involvement
in promoting the service.
· Joint-Venture Operation - Jitneys currently operate from various condominiums
throughout Aventura, taking residents (mainly seniors) to local stores and malls.
Joint-venture opportunities with condominiums and mall operators would help
distribute O&M costs·
· User Convenience - Beyond sufficient ridership demand and system connectivity,
a well-utilized system builds in such user conveniences as equitable and
transferrable transfer fares, various fare payment methods, and incentive-based
passes and tickets.
· ADA Requirements - The B&A team will ensure that Aventura's transit plan
complies with the Americans With Disabilities Act. Areas of special attention are
transfer facilities and system operation information dissemination.
· Special Customer Needs - The particular needs of Aventura's sizeable senior
population must be considered in assessing system demand and requirements. The
B&A team will reconcile these unique needs in the plan.
The B&A team looks forward to presenting our qualifications and sharing our ideas with the City,
and to providing Aventura excellence in transit planning.
ds, .~
Regar .
priy~pat in Char~ePE' PSM
INFORMATIONAL SHEET
1) Name, address and telephone number of your firm.
2)
Bermello, Ajamil & Partners, Inc.
2601 S. Bayshore Drive
Miami, Florida 33133
(305) 859-2050
Type of organization (i.e., individual, partnership, corporation, joint venture, etc.), year
established, and address of home office if different from above.
B&A is a corporation which was established in 1990 by Mr. Willy A. Bermello. In 1992, Luis
Ajamil purchased 50% of the stock, and the name of the firm was changed to Bermello, Ajamil
& Partners, Inc.
2
3) Principals of the firm.
Willy A. Bermello, AIA, AICP / President
Luis Ajamil, PE / Executive Vice President
Nelson C. Martinez, AIA / Partner
Bernard N. Horovitz, AIA / Partner
Femando Alonso, PE / Partner
Alfredo Sanchez, AIA, AICP ! Partner
4)
Person in charge of the proposed project.
Vieh Chowdhary, PE / Project Manager
5)
Name, function, and qualifications of personnel in the organization who will be involved in this
project. Please note, to receive further consideration, at least one person assigned to this project
must, within the past five years, have conducted or assisted in a similar study of comparable
objectives.
See Section 2, organization chart and key personnel
6) Proposed time schedule for completion of the project.
See Section 2, Time Schedule
BERMELLO AJAM L & PARTNERS INC
Page 2
7)
Provide examples of at least three other studies that the firm has worked on in the last five years.
Identify those agencies and provide contact name and information of the individual at the
respective agency who was responsible for project coordination. Proposer shall identify the
members of this team who were involved with these studies, the capacity and extent of their
involvement, the firm with which they worked if other than the proposer's firm, and the scope
of services provided for each of those studies, and shall provide documentation of same.
See Section 2 -
a) North Corridor Transit Alternatives - B&A
b) Countywide Parking Policy Study, Dade County, FL - B&A
c) East/West Corridor Seaport Extension Study - FDOT - B&A
d) Brevard County Transit Development Plan Major Update
e)
f)
g)
and Transportation
Disadvantaged Plan (1998-2008) - CUTR
Winter Haven Urbanized Area Transit Development Plan, (1996-2001) CUTR
Lee County Transit Development Plan, Major Update, (1998-2002) CUTR
Florida Department of Transportation / Key West Department of Transportation, Service
Plan for South Roosevelt Boulevard Bus Route (1995) CUTR
8) General and professional liability insurance company name and extent of coverage.
9)
See Section 5, Professional Liability Insurance
Present projects being processed by the organization (include name, type, location, owner,
estimated cost and percent completed).
10)
See Section 4, Present Projects Being Processed
Future projects under contract by the organization (include name, type, location, owner, estimated
cost and proposed date of completion of project).
See Section 4, Future Projects Under Contract
11) Standard forms 254 and 255
See Section 3
12) Any other information you feel is appropriate to assist in consultant selection.
See Section 4, Client References
2
B E R M E L L O A J A M I L & P A R T N ~ R $ ~ N C
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
City Council Cit~
Eric M. Soroka, .~r
December 26, 1997 ~ ~
Proposed Revisions to Site Plan Review Fees
January 6, 1998 City Council Agenda Item
Recommendation
It is recommended that the City Council adopt the attached Resolution revising the site
plan review fees to recover costs associated with landscape and engineering plan
review services provided by our consultants.
Backqround
As previously discussed with the City Council, staff has reviewed the costs associated
with landscape and engineering plan review services to insure that the City is
recovering costs associated with providing those services to the development
community. A comprehensive review of the fees and expenditures over the past 11
month period indicates that the fees should be revised as follows:
Current fees:
$1625 plus $2/unit - residential
$1725 plus $2/100 sq. ft. gross building area - non-residential
Proposed fees:
$2,325 plus $2/unit - residential
$2,425 plus $2/100 sq. ft. gross building - non-residential
The fees should be revised by $700 per application to recover additional costs for
engineering plan review ($300) and landscape plan review ($400) by our consulting
engineers and landscape architect.
If you have any questions, please feel free to contact me.
EMS/tms- cc0444-97
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, AMENDING RESOLUTION 97-
35 WHICH DID ADOPT 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 AN
EFFECTIVE DATE.
WHEREAS, pursuant to Ordinance No. 96-21, the City Council is authorized to
provide a fee schedule for development review, planning and zoning applications
provided by the City; and
WHEREAS, the City Council adopted Resolution No. 97-35 which did establish
the fee schedule for development review, planning and zoning applications provided by
the City; and
WHEREAS, upon recommendation of the City Manager, the City Council has
determined that it is necessary to revise the fee schedule to insure the proper recovery
of costs associated with site plan review.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, THAT:
Section 1. The fee schedule for development review, planning and zoning
applications adopted by Resolution No. 97-35 is hereby amended as follows:
Site Plans
lResidential e, ~o~ 2~ plus $2/unit residential
Resolution No.
Page 2
Non-Residential $! ,725 $2,425 plus $2/100 sq. ft. gross
building area
Section 2. The City Manager is hereby authorized to take all necessary and
expedient action to carry out the aims of this Resolution.
Section 3. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Councilmember
who moved its adoption. The motion was seconded by Councilmember
, and upon being put to a vote, the vote was as follows:
Councilmember Arthur Berger
Councilmember Ken Cohen
Councilmember Harry Holzberg
Councilmember Jeffrey Perlow
Councilmember Patricia Rogers-Libert
Vice Mayor Jay R. Beskin
Mayor Arthur I. Snyder
PASSED AND ADOPTED this 6th day of January, 1998.
ATTEST:
Teresa M. Smith, CMC, City Clerk
APPROVED AS TO LEGAL SUFFICIENCY:
Arthur I. Snyder, Mayor
City Attorney
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
City Council
Eric M. Soroka, City/~a
December 29, 1997
Hidden Bay Associates
~Jden Bay Associates II, and Summit
Properties Amended Declaration of Restrictions
January 6, 1998 City Council Meeting Agenda Item r-/~_¢
RECOMMENDATION
It is recommended that the City Council authorize the execution of the attached
Amended Declaration of Restrictions with Hidden Bay, Hidden Bay II and Summit
Properties ("Developers") relative to the conveyance of the park site, payment of
$277,285 for park improvements, $400,000 contribution for N.E. 190th Street
beautification improvements and other development issues.
BACKGROUND
During the consideration of the development approvals for the property known as
Hidden Bay, the owner at the time, Glendale Federal Bank, Federal Savings Bank
recorded a Declaration of Restrictions document outlining certain obligations. The
approvals were granted and the Declarations were accepted through the enactment of
Dade County Commission Resolutions Z-15-91 and Z-110-92.
As you are aware, I have been negotiating certain issues regarding the proposed park
site and beautification improvements along N.E. 190th Street with the new owners,
Hidden Bay and Summit Properties.
The original Declaration required the owner to provide the following relative to the park
site:
· Provide a five-acre parcel of parkland
enjoyment by the general public.
· Maintain and operate the park site.
by easement for the use and
Memo to City Council
Page 2
· Construct a passive park site in accordance with the plans entitled "Proposed
Park Development - Marina Del Rey".
An Agreement for Construction of Public Park Improvements In-Lieu-Of Payment of
Required Park Improvement Impact Fees was entered into with the County and
Developer in October 1995. The Agreement provided the Developer to perform the
following:
· Construct the park improvements as shown on the park plan drawn by
O'Leary Design Associates dated December 20, 1993 for a passive park.
· Post a letter of credit in the amount of $277,285, which is the estimated cost
of construction, to guarantee the construction of the park improvements.
Based on the various Workshop Meetings, the City Council had developed a policy to
acquire the five-acre park site and obtain the park impact fees previously committed to
fund the new ten-acre Founders Park plan. In order to accomplish this objective, the
Declaration of Restrictions would need to be amended and the City would need to
negotiate the terms of the amendment with the various parties. The attached document
is the result of the negotiations. It is important to understand that the nature and use of
the park site as it stands today, is far different than that contemplated in 1993 by the
Developer and County. This change was the driving force in many of the terms of the
Amended Declaration of Restrictions requested by the current Developers. The new
park plan on the proposed residential development of Hidden Bay and the existing
Summit apartment complex was a major concern to the Developers.
The major points of the attached Amended Declaration of Restrictions are as follows:
· The easement deed for the five-acre site shall be replaced by a Special
Warranty Deed, that will provide for ownership by the City.
· The Developers will not lose any development rights relative to density, open
space or setbacks by providing the park site to the City.
· The conveyance of the park site shall be conditioned upon the City
constructing and utilizing the site in accordance with the plans approved by
the City Council for Aventura Founders Park dated October 27, 1997. Any
changes in the recurring use of the park site, the intensity of uses or the
construction of facilities will require approval from the Developers.
· The Developers shall also be allowed to review and comment on the final
park plans relative to only the five-acre site.
· Developer shall pay to the City by January 1, 1998, $277,285 for construction
of the park site.
Memo to City Council
Page 3
· The Developer shall pay to the City $400,000 no later than August 31, 1998
to assist in the landscaping and lighting improvements to N.E. 190th Street.
The document is still subject to minor language revisions, but will be executed by the
parties in substantially the form that is attached.
The Amended Declaration of Restrictions will allow the City to move forward with the
construction of the park site and beautification of N.E. 190th Street in accordance with
our Capital Improvement Program.
If you have any questions, please feel free to contact me.
EMS/aca
Attachment
CC0446-97
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA AUTHORIZING THE CITY
MANAGER TO EXECUTE THE ATTACHED AMENDED
DECLARATION OF RESTRICTIONS FOR HIDDEN BAY,
HIDDEN BAY II, AND SUMMIT PROPERTIES BY AND
BETWEEN THE CITY OF AVENTURA AND HIDDEN BAY
ASSOCIATES, HIDDEN BAY ASSOCIATES II AND
SUMMIT PROPERTIES PARTNERSHIP, L.P.;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City Manager is hereby authorized to execute an Amended
Declaration of Restrictions for Hidden Bay, Hidden Bay II and Summit Properties by
and between the City of Aventura and Hidden Bay Associates, Hidden Bay Associates
II and Summit Properties Partnership, L.P., in substantially the form attached hereto.
.Section 2. The City Manager is hereby authorized to do all things necessary
to carry out the aims of this Resolution.
Section 3. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by
its adoption. The motion was seconded by
to a vote, the vote was as follows:
Councilmember Arthur Berger
Councilmember Ken Cohen
, who moved
, and upon being put
Resolution No.
Page 2
Councilmember Harry Holzberg
Councilmember Jeffrey Perlow
Councilmember Patricia Rogers-Libert
Vice Mayor Jay R. Beskin
Mayor Arthur I. Snyder
PASSED AND ADOPTED this 6th day of January, 1998.
ATTEST:
ARTHURI. SNYDER, MAYOR
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
EMS/tms
Greenberg - Miami 1/2198
AMENDED DECLARATION OF RESTRICTIONS
KNOW ALL MEN BY THESE PRESENTS, that HIDDEN BAY ASSOCIATES,
a Florida general partnership, ("Hidden Bay"), HIDDEN BAs' ASSOCIATES II, a Florida
general partnership ("Hidden Bay II") and SUMMIT PROPERTiES PARTNERSHIP, L.P.
, a Horida limited partnership ("Summit"), being the owners, or having some right, t/lie or
interest in the following described property (the "Property"), lying, being and situated in
Aventura (the "City"), Dado County, Florida, to wit:
SEE ATTACHED EXHIBIT "A" (as to Hidden Bay' and Hidden Bay fi)
SEE ATTACHED EX~IIBIT "B" (As lo Summit)
WHEREAS, during comideration of Public Hearing Applications Nos. 91-
760 and 87-817, GLENDALE FEDERAL BANK. FEDERAL SAVINGS BANK.
("Glendale"), as predecessor in title to the Property, proflL'red to the Counly certain
"Declaration of Restrictions" that appears of record in Official Rocords Book 14896 al Page
1484 (the "First Declaration") and Official Records Book 16301 at Page 2307 (the "Second
Declaration') and said approx~s were granted and Declarations accepted through the
enactmem of Dado County' Crmamission Resolutions Z- 15-91 and Z-110-92; and
WHEREAS, as part of the First Declaration, Glendale was roquired to dedicate a
perpelual easement to the County for a Park Site and lo tmdeftake other obligations
regarding said Park Site, and a description of the Park Site is included herein as Exhibit
and roferred to herein as tho "Park Silo"; and
WHEREAS, subsequera to tho acceptance of said Declaratioxxs, the City. was created
and the Property_ now lies w/lhin the City' and the City has assumed municipal control over
the fimctions of zoning, planning and building permit issuance; and
Or~enberg - Miami 1/Z/98 PAU~ d/~ mlgn~rma
WHEREAS, subsequent to the creation of the City, the Property has been sold by
Glendale to Hidden Bay and Hidden Bay II; and
WHEREAS, Hidden Bay II is the owner of the Park Site; and
WHEREAS, the facts and circumstances regarding certain of the obligatiorm
undertaken by Glendale and Hidden Bay; Hidden Bay' II and 8unm~it (as Glendale's
successors) in conjunction with said Resolutions and Declarations have changed as a result
of the creation of the City; and
WHEREAS, the City has requested that Hiddan Bay, Hidden Bay' II and Surmnit
revise the Declarations in order to account for these changed conditions and needs of the
including the development by the City of an adjacent parcel of property for the City's use as
a park site (City Park Site); and
WIIEREAS, Hidden Bay, Hidden Bay II and Summit have agreed to coeperaIe with
the City and to make and enter into this .~mendcd Declaration of Restrictions co~crh~g and
running with the Proper~y:
(1) Except as specifically noted liercin, any and 'all commitments and provisions
of the above-noted Declarations shall remain in full force and effect, Nothwithstanding any
other term hereof, upon compliance with the terms hereof, Glendale shall be released from
any and all responsibilities or liabilities arising direly or indirectly out of the First and
Second Declarations.
(2) Paragraph 3 of the First Declaration is hereby rescinded in ils entirety. In ils
place and stead, the following shall be substituted:
"3. Park Site Contribution. In recognition of the
fact that the subject property will create a need for a park site,
G-LENDALE FEDERAL BANK, FEDERAL SAVINGS BANK
Oreenberg - Miami 1/2/98 PAGE ~/~ ~ightk^~
has already, identified by plat and established by easement deed a
park site (the '?ark Site") xdth a perpetual easement permitting
access, use and enjoyment bythe general public oftbe Park Sile.
That easement deed is recorded at Official Record Book 16447 al
Page 3807 office Public Reoord of Dude County, Florida, It is
anticipated that the City will request, and the County will permit, as
a condition precedent to the conveyance of the Park Site by Hidden
Bay II, the conveyance by the County of all of ils right, title and
interest in the Park Site to lite City. Upon recordation of the Special
Warranty Deed describod below, City's interest and estate under the
easement deed conveyed from the County and under the Special
Warranty Deed from ttidden Bay .shall merge and the easement deed
shall be extinguished and released in favor of thc Special Warranty
Deed. The City now wishes to receive, and Hidden Bay I1 wishes to
donate, fee simple title to the Park Site ha lieu of the pexpotual
easement noted above, but without Hidden Bay, Hidden Bay II or
Summit losing any land use rights and/or development rights that
they may have outside of the Park Site or except as otherwise set
forth herek~, including, without limilation, calculations pertaining to
compliance with density, open space, setbacks, etc. To that end,
Hidden Bay lI, with the consent of ttidden Bay and Summit, does
hereby agree to donate and convey marketable and insurable fee
simple title to the Cit3~ of the Park Site by Special Warranty Deed,
but subject 1o the following conditions:
a.) Prior to deliver' to City. of the Special Warranty Deed
of com, eyance of the Park Site, City shall acknowledge in recordable
form that the conveyance of fee simple title to the City will not divest
Hidden Bay, Hidden Bay II or Summit of any of the land use and
development fights and entitlements (ontside of the Park Site) with
regards to the Park Site or any other property o~ned by Hidden Bay,
Hidden Bay 1I or Summit and that were or which may be granted
under applicable zoning ordinm~ces ct the County and/or City and/or
by Resolution Nos. Z-I 5 -91 and Z- 110-92 or the Code of
Metropolitan Dude County or the Ordinances of tho City, including,
but not limfled to lot size, 1o! lines, building lines, or for purposes of
calculating required open space, floor area ratio, setbacks, density,
use of the Park Site of other property for signs approved by the City,
etc.. In the event, for whatever the reason, the conveyance of the
Park Site results in any interpretation or ruling that Hidden Bay's,
Hidden Bay lI's or Summit's land use and/or development rights, as
noted above, and as established by said Resolutions, Codes or
Ordinances are in anyway eliminated, diminished, reduced or
changed, then and in that event the City hereby agrees, by acceptance
hereof and of the Special Warranty Deed to the Park Site, that il is
and will be estopped from enforcing any such Resolution, Code,
Ordinance or policy. Prior to any' conveyance of the Park Site 1o the
City, Hidden Bay II shall obtain, at its sole cost and expense, the
release and/or modification of any Covenants Running with the Land
Greenberg - Miami 112/98 PAGE 6/39 ~ightPAX
in Lieu of Unity of Title or Unities of Title that ma5, hind the Park
Site to any other properties.
b.) The eenveyance of the Park Site to the City shall be
conditioned upon the Cfi5' constructing and uti/tzing (initially and on
a continuh~g basis) said Park Site in substantial accordance with that
certain site plan entitled "Founder's Park, City of Aventura, Florida"
(the "Park Plan"), prepared by' O'Leaty DesiDa Associates, P.A.,
dated October 2, 1997, and consisting of one (1) sheet, a copy of
which is attached hereto and made a part hereof by reference. The
CiD' agrees that any and all changes in the permanent or recurring
uses of the Park Site or the intensity of uses proposed for the Park
Site, either through the cons~'uction of additional facilities, addition
of night lighting, or the conduct or txa'manent or recurring activities
of a more active nature than shown on lhe Park Plan, or other similar
changes or incxeases in the uses or facilities shown on the Park Plan
shall be submitted to Hidden Bay, Hidden Bay II, Summit and
Glendale (for as long as they have any interest in the Property) for
their prior approval, a4fich approval may be withheld in their sole
and unlimited discretion. Notwithstanding, any' other terms of this
Amended Declaration, this right of approval shall only' inure to the
benefit of Hiddan Bay, Hidden Bay II, Summit and Glendale, and not
their successors or assigns (except for Glendale as to the sale of any
of its remaining property), and shall terminate, as to Hidden Bay,
Hidden Bay II, Sl.lmlnit and Glendale upon the termination of each of
Oreenberg - Miami 112/98 PAGE 7/39 RightFAX
their respective interests in the Property. In addition, City, by
accq~,nce hereof, hereby agrees to allow Hidden Bay, Hiddma Bay
II, Summit and Glendale to review and comment on the final
landscape plans, lighting plans, construction plans and sit~ plans for
the design for the Park Site that do not change tho uses or intensity of
uses as shown on the Park Plan and tl~ City hereby agr~s to
consider any' of Hidden Bay's, Hidden Bay II's, Summit's and
Olendale's suggested changes in said plans, in good faith. In the
event, in the future, the City ohooses to modifs' said plans, but
without impact on the uses and intensity of uses shown on the
Conceptual Master Plan for the Park Site activities and
improvements, Hidden Bay, Hidden Bay II, Summit and Glendale
shall be notified of any such proposed changes, prior to installation or
initiation, and the City shall, in good l~aith, take into considesation the
suggested changes made by Hidden Bay, Hidden Bay II, Sununit and
Glendale in these regards.
c.) The general public's right to use and enjoy the Park
Site shall be limited to the standard operational hours for parks as set
forth fi-om time to time by the City and the operation of the park shall
be consistent with and subject to the City's rnles and regulations as
may' be amended from time to time. Hidden Bay, Hidden Bay II and
Summit understand that it is the intent ofthe City to operate the Park
Site only during daylight hem on a regular basis, ~ith occasional
(not more than 6 per year) events during the evening hours. At all
times that the Park Site is h~ operation, City agrees by acceptance
hereof., to operate and maintain (or cause to operated and maintained
if the operations are accomplished or allowed by third parties, with
City permission) the Park Site and any operations or activities
conducted therein in accordance with all applicable laws, roles,
regulations, and ordinances deahng with lighting, noise and nuisance.
The operational hours and public use shall be noted by proper
signage on the Park.
d.) The general public's rights to use the paved road
access through the Park Site shall be limited to the standard
operational hours for parks set by the City until the conveyance of the
Park Site and the roadway which is a part thereof to the City.
e.) The rights of the current md fi,ture owners of the
ProperB:, their successors an&or assigus, their temnts, licemees,
invitees, guests, agents and employees to use the paved road accesses
through the Park Site shall not be subject to the limilalions set tbrth
in SUbl~aragraph"d.)' above.
f.) In consideration of Hidden Bay IFs conveyance of the
Park 8ii¢ in fee simple and the value of said Park Site and except as
set forth herein, any and all obligatior~q are of ttidden Bay, Hidden
Bay IL Summit, Glendale md Marina Del Rey Association, Inc.,
dealh~g with an)' £mancial or other obligations including, but not
limited to, coustmetion, installation, operation, repair and/or
maintenance oftbe Park Site, its signage, utiliti~ therefor, and/or any
road access thereto, whether created by agreement, declaration of
restrictions, deed, covenant or law, shall, by acceptance ofthls
Amended Declaration by the City and delivery to City by the
aforesaid Special Warranty Deed, be released and are hereby
determined to be null and void and of no further force and effect and
by acceptance hereof, the City does hereby agree to execute or obtain
such other doctmaents and/or releases as may be reasonably requested
by undersigned to further evidence lifts release of obligations and
nullification of any such prior obligations. After the conveyance of
fee title to the Park Site to the City, any and all obligations regarding
the construction, installation, repair, operation and maintenance of
the Park Site and road access through the Park Site shall be solely
the duty and res2aonsibility of the City' and the City shall, to the exlml
permitted by' applicable law and as a condition of the receipt of said
fee simple deed, agree to indemnify and hold Hidden Bay, Hidden
Bay II, Summit, Glendale and the Marina Del Rey Association, Inc.,
harmless from and against an5' and all responsibilities, liabilities or
claims, costs and expenses (including, without limitation, legal fees
and court costs at trial and all appellate levels) regarding or arising
out of thc condition (physical an&or environmental) of the Park Site
and access ways thereto and dating from the date of the perpetual
park site easement deed noted above and recorded at Official Record
Book 16447 at Page 3807 of the Public Record of Dade County,
Florida. Such indemnification and hold harmler~s shall include,
well, any and all damages to persons or property, including without
hmitation injury or death to persons, that may arise at any time
subsequem to the City's acquisition of fee title to the Park Site,
~hether or not said condition that caused the damage or injury
existed prior to the conveyance, so long as not, hereafter, caused by
Hidden Bay. Hidden Bay II, Summit or Olendale. The conveyance
of the Park Site to the Ci~ shall be in an "as is", "where is"
condition, including, without limitation, the environmental status of
the Park Site. The C~' acknowledges and agrees that Hidden Bay,
Hidden Bay IL Summit and/or Glendale have not made any
representation or warranty about the condition (physical and/or
enviromnental) of the Park Site and/or any accessways thereto or
therein, except tirol such parties have represented that there arc no
claims currently pending concerning liability arising from the
conditions of the Park 8itc.
g,) Summit shall pa5' a one time cash contribution of
Two Hundred Seventy Seven Thousand Two Hundred Eight5' Five
($277,285.00) Dollars to the City for C~"s use in the conslruction
or it~tallation of the Park Site and road access thereto. Said one time
cash contribution shall be in lieu of any other payments due to the
Ci%' and/or an}, other governmental entity by Hidden Bay, Hidden
Bay II, Summit, Glendale and the Marina Del Roy Association, Inc.,
and that are ideraifiod as Park Impact Foes or are in any other way
related to the Park Silo or any Park requirements with respect to the
Greenberg - Miami 1/Z/98 PAOh ll/~M HlghtPA~
property owned by Hidden Bay II, either under and pursuant to
Chapter 33H of the Code of Melzopolitan Dade County an&"or any
existing or future enactment of the City, which deals with obligations
for the provision of public park facilities and dealing with the
obligation for the provision o£public park facilities. Said one time
cash contribution shall be made by' Summit upon the either lhe
issuance ora fi~dl building permit (not foundation permit) for Phase I
of the residential development on tIidden Bay's portion of the
Property or by January 1, 1998, whichever occurs first. Said pa3~aaent
shall be further conditioned upon the City receiving from Dade
County a release or nullification of that certain "Agreement For
Construction of Public Park Improvemenls In-Lieu-Of-Payment, of
Required Park hnprovement Impact Fees" entered into belween Dade
County and Summit, mad release of the Cash Perfomaance Bond for
Public Park Improvements submitted to and being held by the
County in conjunction therewith. Said release and,"or nullification
shall be in a form reasonably acceptable to Summit ,Mternatively,
City may provide an indenmification agreemenl to Hidden Bay' I,
Hidden Bay I1, Summit and Glendale, meeting with their approval,
which would indemnify them again~ any' claim by the County for
s~ch fun&.
h.) Hidden Bay II shall: (i) pay all costs of recording of
the aforesaid Special WarranW Deed; (ii) furnish City with a"no
lien" affidavit; (iii) escrow an)' prorated taxes and satis~, any
10
Greenberg - Miami 1/2/98 PAGE 1Z/3~ KightPAK
outstanding ad valoretn taxes; (iv) lhrnish a currea~t (within 30 das~)
opinion of title showing marketable and insurable title to the Park
Site; (v) pay dt~mmentary stamp taxes, if any, on the Special
Warrm~y Deed. As to said documentary stamp taxes, the parties
recognize and agree that the interest of land being conveyed to the
CiD; in light of the existing perpetual easement deed, is of nominal or
no value whatsoever. City agree% by acceptance hereof, that in the
evenl it is delermined by appropriate governmental agea~cies that said
transtkr value is other than that declared at the tinge of recording of
the Special Warranty Deed, that City will indemnify and hold Hidden
Bay II harmless from any determination of excess liability for the
amounl of said documentary .Camps.
O) Paragraph 4 of the First Declaration shall be rescinded in its emirety and is of
no fugdaer force and effect
(4) Paragraph 7 of the First Declaration shall be rescinded in its entirely and is of
no fitrther force and ell%ct provided that Dade County Public Works Department and the
engineer of record acknowledges, in writing, that the road improvements noted therein have
been completed in a form, manner and mode in conformance with the requiremenls of the
First Decla~ation, except for the completion of the sidewalk on N.E. 190"~ Street.
(5) .Agreement For Road Improvementq. In lieu of any' other requirements that
may exist by resohrtion, declaration, agreement, deed, covenant or otherwise invoh'ing any
responsibility for the construction, installation, operation, maintenance and/or repair of N.E.
190th Street, Hidden Bay hereby agrees, to pay to the City the sum of Four Hundred
Thousand ($400,000) Dollars for the City's use in the desil~a, planning and construction of
11
Greenberg - Miami 1/2/98 PAGE 13/39 RightFAX
the landscape and lighting road improvements to N.E. 190a~ Street in substantial accordance
with the landscape and lighting road improvements shox~n on the 190t~ Street Road
Improvement Plan "190m Street Plan", prepared by O'Leary Design Associates, P.A. and
dated the 14t~ day of November, 1996. City hereby agrees, by acceptance ofthe Amended
Declaration, to complete construction of the 190t~ Street Plan within 24 monlhs of the date
hereof. The payment of this donation shall be made to the City in two equal installments:
the first itx~tallment being due at the time of issuance of the full building permit for Phase I
on Hidden Bay's portion of the property and the second installment being due at the time of
issuance of the full building permit for Ph~ II of the residential development proposed for
Hidden Bay IFs portion of the Property. The full amount shall be due and payable no later
than August 31, 1998. The City shall, to the extent permitted by law, statute or ordinance,
gram and/or recormnend mr impact fee credi~ to Hidden Bay or Hidden Bay II for the
$400,000 noted above and the Cits, shall, hi good faith, cooperate ~4th Hidden Bay' or
Hidden Bay Il for seeking such credit fron~ any other affected governmental agency or entity
vfith jurisdiction to grant such credit other than the City of Aventura. To that end, the City
shall execute and deliver any and all documentation that may be reasonably requested by
Hidden Bay in conjunction vdth seeking such a credit. Failure to obtain an3' or all of said
anaount as a credit shall not affe~'t the obligation of Hidden Bay hereunder.
(6) As may be perrmtted by law, and by acceptance hereof, the City' hereby
agrees to allow Hidden Bay and Hidden Bay' Il to receive its partial foundation building
permits for Phases I and II of its residential developmant on the Property without the
payment of any applicable impact fees that are within the direct or indirect control of the
City to assess and/or collect. Hidden Bay and ttidden Bay II shall be responsible, however,
for the pa~nent of any required building permit fees (not impact fees) in conjunction with
12
Greenberg - Miami 1/2/98 PAGE 14/39 RightFAX
the issuance of arO' such partial foundation permits. Payment of any such impact fees shall
be required at or before the issuance of a full building permits for Phase 1 and Phase II of the
proposed residential developmenl,n and shall be based on the number of residential units for
which the each full permit is sought.
Any and all provisions of the First Declaration or Second Declaration that reposit
authority' for modifications, amendments, enforcement, or any other form of governmental
approval that was formerly under the jurisdiction of Metropolitan Dude Count' shall,
hereal~el; be deemed to have been modified so that any such govermnental authority' is
construed to be reposited in the City and their respective Manager and/or Departments
and/or Boards or Agencies with jurisdiction thereover, under the appropriate terms of the
City's Charter and Code of Ordinances.
(7) These restrictions during their lifatime, as set forth in the First Declaration,
shall be solely for the benefit of, and limitation upon, all presenl and future owners of the
Property and fire City itself mad no other person or party whatsoever. This ,~naended
Declaration on the part of Hidden Bay', Hidden Bay I[ and Summit shall constitute a
covenant running with the property' and may be recorded in the public records of Dude
County, Florida and shall remain in lidl force and effect and be binding upon and inuring to
the beaaefit of Hidden Bay, Hidden Bay II, Summit and Olcmdale, mad their successors in title
mad their respective assigns until such time a.s the same is modified and or released by' the
parties and the Ci .ty. Any reference in this ,~a-nended Declaration to Hidden Bay, Hidden
Bay II, Surmnit and Glendale shall include their successors in title and its respective assigns,
as applicable, unless otherwise specified.
(8) In all other respects, other than as specifically modified herein, the provisions
oftbe First Declaration and Second Declaration shall remain in fi~ll fbrce and ettkct.
13
Greenberg - Miami 1/2/98 PAGE 15/39 RightFA×
(9) Nothwithslanding any other provision of this Amended Declarafmn,
acceptance of the terms hereof by the City, and the recording of this Amended Declaration
being evidence thereo~ shall result in the release of any and all obligations of Hidd< Bay,
FIidde~a Bay II, Summit and Glendale, their predecessors in title and successors in title, as
they relate in anyway to the Park Site, except as otherwise set forth speoifically heroin.
(10) Notices..all notices required or defxred to be given under this Amended Declaration
shall be in ',~riting and shall be deemed given when either delivered personally c~' deposited
in the United Stales mail, certified mail, postage prepaid, return receipt requested, to the
parties at the following addresses, or such other addresses as hereimdier indicated by
appropriate writt< notice.
If to ttidden Bay i:
If to Hidden Bay II:
Atln:
If to Glendale:
If to Summit:
If to City:
Signed in the presence of
HIDDEN BAY ASSOCIATES, a Flmida
general pa_rlnership
BY: BELLEMEAD MARINADEL REY
14
GreenberE - Miami 1/z/98 PAGE 16/39 ~ightVAX
(As to Bellemead Marina Del Rey Corp.)
(As lo Westmimaer Fidalco LLC.)
CORP., a Delaware corporation, general
pa~ler
Title:
BY: WEST3,flNSTER FIDELCO I LII~flTED
P,M~TNERSHIP, a Florida Li~mted
partnership, general partner
By:
Name: Westminster Fidel¢o, L.L.C, G
General Partner
Title: .........
15
Greenberg - Miami 112/98 PAGE 17/39 RightFAX
STATE OF FLOR.IDA )
) SS:
COLrNTY OF )
BEFORE ME, personally appeared JOHN COLLINS, as
of BELLEMEAD MARINA DEL REY CORP., a Delaware
corporation, a general partner of HIDDEN BAY ASSOCIATES, a Florida general
partnership, who acknowledged that be/sbe has executed the foregoing on behalf of the
above dascribed co--on and partnership.
WITNESS my hand this day of
,199_.
NOTARY PUBLIC, State of Florida at I~trge
Print Notary Public Name:
Ivly Commission Expires:
STATE OF )
)SS:
COUNTY OF )
BEFORE ME, personally appeared , as
of WESTMINSTER FIDELCO, L.L.C., a New Jersey. limited
liability company, sole general partner in WESTMINSTER FIDELCO I LIMITED
PARTNERSHIP, a Florida limited partnership that is a general partner of HIDDEN BAY
ASSOCIATES, a Florida general partnership, x4ao acknowledged that he/she has executed
the foregoing (ax behatf ffthe above described limited liability company and pam~erships.
SWORN TO AND SUBSCRIBED before me this
199 .
_day of
NOTARY PUBLIC, State of Florida at Large
Print Notary Public Nan:e:
My CommissionExpir~:
Signed in the presence of
HIDDEN BAY ASSOCIATES II, a Florida
16
(.~ lo l~llcmcad Marina Del R~' Corp. II)
general partnership
BY: BELLEMEt~D MARINA DEL REY
CORP. II, a Delaware corporation,
general partner
By:
Nam¢~
Title:
BY: WESTIvlINSTER FIDELCO II LIMflED
PPd~TNERSHIP, a Florida limited
partnership, general partner
By: Wemminster Fidelen II, L.L.C., a
New Jersey limited liability company,
general partner
(.as Io Westminsler Fidelen I1 IJmited
Pa~ership)
By:
Name:
Title:
STATE OF FI,ORIDA )
)SS:
COUNTY OF __ )
BEFORE ME, personally apl~ared , as
of BELLEMEAD MARINA DEL REY CORP. II, a Delaware
corporation, a general partner of HIDDEN BAY PuSSOCIATES II, a Florida general
parmerslfip, acknowledged that he/she has execuled the foregoing on behalf of the above
described corporation and pam~ership.
Wimess my hand this dayof 199~.
NOTARY PUBLIC, State of Flocida at Large
Print Notary Public Name:
My Commission Expires:
STATE OF )
) SS:
17
COUNTYOF )
BEFORE ME, personally appeared , as
of WESTMINSTER FIDELCO II, L.LC., A New 3ersey limited liability company that is
the sole genera/partner is WESTMINSTER F/DELCO H LIMITED PARTNERSHIP, a
Florida limitexl partnership, a genera/partner of HIDDEN BAY ASSOCIATES II, a Florida
general partnership, who acknowledged thai he/she has executed the foregn'mg on behalf of
the above described company and partnerships..
SWORN TO AND SUBSCRIBED before me this day of
199 .
NOTARY PUBLIC, State of Florida at Large
Print Nota~ Public Name:
My Commission Expires:
Signed in the pre.nee of
(As to )
SUMMIT PROPERTIES PARTNERSHIP, L.P.
, a Florida limited partnership
BY:
ge~aeral partner
Name:
Title:
11]
Attest:
CrI'Y OF AVENTURA. a Florida municipal
corporation
City Clerk
Approved:
City Manager
City Attomey
19
METROPOLITAN DADE COUNTY, FLORIDA
STEPHEN P, CLARK CENTER
PUBLIC WORK'~ DEPARTMENT
SUITE 1810
111 N.W, lc! STREET
MIAMI, FLORIDA ~312B-Ig70
November 5, 1997
Mr. Alan S. Krischer
Greenbreg Traurig Hoffman Llpoff Rosen & Quintel,
1221 Brickell Avenue
Miami, FL 33131
RE~
Hidden Bay
Roadway Improvements
Section 2-52-42
Dear Mr. Krischer:
Reference is made to your recent letter concerning t2%e roadway
improvements listed in the Declaration of Restrictions recorded in
O.R. Book 14896, Page 1484.
A recent field inspection indicates that all of the these roadway
improvements have been completed except for the sidewalk on NE 190
Street.
If you have any specific questions, please call me at 375-2112.
very truly yours,
Land Development
RCK/gl
Equal Oppo~unlfy/Hen#icap Employer/Services
m'~ ~3
....'-' f~ 148~-;1484
Eollowinq desc=l~ property (the '~ro~rty"), lying, ~lng and
situa~ in ~de Coun=y, Flori~, to wit=
SEE A~ACH~ EXHIBIT
ma~l ~e ~oll~ing ~lara~/on of Restrictions c~in9 and
~n~ng w~ ~ Prope~y~
~t~; s~et n~rs A-lA, A-2A, A-SA, A-10k ~d A-19A
n~r~ A-11, ~d ~-13 ~ugh A-19
100
~ Flo~L~ 33131
.-.
~uguat 16, 1990; the Public Park/Access Area plan entltled
Park ~velo~eu= M~i~ ~1 ~ey" p~pared ~ O'L~ ~sign
Associa~s, P.A., ~t~ Septe~r 5, 1990, last revised
fact that t~ ~ubJ~t 9zopezty will a~ate a need ~or a park
dasd at no cos= to ~de Coun=y by ~tual eas~n~
ave, to Da~ Catty prior to t~ /sauce of any cer~ifica~e of
us~ ~ occupancy for any resid~tial building within
a~rov~ by the Catty Attor~y as to fora and legal sufficient.
~e u~ralgn~ agrees to p~vida ~ved road access approved
-2-
. -.
in a su[~icient operational state to ~et all a~licable building
sorting codes and fl~ ~ance Laws and ~lattons.
and co--orion shall be of sufficient quality ~ uup~rt the
co.action, s~cifl~d above for =ho park ~lt~ and tho
landscaping, ~i~nt, ud ~prov~nta 8ho~ on ~ Plan
en:l~lad 'P~aed Park ~velo~nt - ~arina ~1 Rey' lden:lfied
a~ve shall ~ c~plo~ prior to t~ issuance of any certificate
of uae and ~cupancy for any residential building
Pro~y.
T~ park site s~ll ~ open.t6 In a manner
co. latent ffi~h the Rules of t~ ~de County P~ks a~ Reoroation
~paru~nt which are eot fo~h In Cha~or 26~ Cod~ oi Mot~po-
li~n ~de Co~ty~ Florida. Said Rules, as ~y ~ ~e~d~ ~r~
~e of ~litan Da~ County.
-3-
& s£gn Xdent£fy~ng the ~t~ as ~ n~gh~ho~ ~ark
~hall be ~st~d on ~he ~lta and ~hall ~a~e that t~ park
C~=y Park~ a~d R~r~a~on
subJec~ ~o uhe approva~ of Oade County, which ~r~ua~ly
~rovl~ for ~ p~r and continuous main=en~ce of ~e ~rk
inco=~ra~ing ~uch p~visions ehall ~ app~d by the Co~ty
At~rney as ~ fo~ a~ legal eufficien~ and shall ~ ~corded
to any other re~dy pe~tted by law or by this ~olaration, may
o~r uo ~ ~t future ~ubl~c sch~l ~ g~ra=ed ~ ~e
-4-
,,.,. 14B .;1488
60 OJu~ glementa~ School or to other public schools Ln the area
~500,000. ~he schedule of pro, ram ~nhanc~nts ~nd the ti~e for
~tw~n t~ unders~9~a and tho Schwa ~a~ to ~ ~c$~ed In
t~ u~r~l~ed e~ee~ =o volununrily concrl~ce funda co the
~e ~un~y Sch~l ~a~ e~aA to $500,000. T~ ~tal echool
made in cwo lnscailmenus. The
~us~d for cosn~f-living changes, shail ~ made ~o =he Dad~
for ~t~f-l~v~tg c~nges, shell ~ made co =he Da~ County
s~]~t ~ cost~f-living ad~us~en=s ~er t~e ~i~in~ on the
Dade C~ty ~c~l B~rd.
~e standard ~or dece~ln~g cost of living ~d~u~tmencs
-5-
0'~- 148c.:JGi~,14~
Sub~C~ applJ-catlon i~ appr?,v~.~.t ~ha].l ~ taken as tb~ ~a~l.c
(b) Prior Co Oho lssua~e of a ce~lf%ca~ of
a~ ~tters.
2. Im~rov~ N.R. 191 Stree~ ~ Dade County
within the existing right-of-way lmm N.B. ~9 Avenue to
(8) ~tricg~ma on &nctl~_~...~ ~a--. The clubhouse,
a~ll ~ X~ ~ no more ch~ 65 ~t alipa.
p~llc =ords of ~e Co~y, ~lo~lda~ a~ Ihall continue ~n
eff~ for a ~i~ of thirty (30) years af~r ~ ~e of oKh
~lcally for au==assive ~rl~ of ten (10) ~a~, each, ~leaa an
-7-
o~ ~unty Co~l~aiona~ ha8 bean ~co~ad agr~ing ~o chang~ o~
(10) ~. ~o provl~lon~ .of ~hio
approval at ~bllc
wrl~:en Lnat~nt ef f~uat~ng and ac~owl~ging auch
lay or In equity ~ ~ ngainat any pa/os or ~rsona violating
co,ts a~ dia~ra~n~ all~ ~ ll~, auch a~ aa the uo~t
~}udge ~ ~ ~a~ble ~or Oho ee~/ces of hi~ ~torn~.
(~) ~re~C~n o~ C~11~D~. ~n cona~c~lon ha8
~cur~d on =he P~y or on any ~on of the
-8-
~u~h construction, lna~ections, and approval shall crea~e a
presumption that the buildings or structures thus constructed
comply with this O~claration.
(131 ~l~--q~. Aa further part of this ~claration
it is hereby understood and agreed that any offlclal inspector of
th~ Dads County iulldln9 ar~l Zonin~ Department, Or 't~ a~nta
duly authorize, may hav~ ~he privilege at any time du~tng normal
p=la~ la addition to any o~her r~les available t~ Oa~
County Building ~ Ionlng ~nt la hereby authorized Co
wit~old any further ~l~ a~ rafts any ~sp~c~lona or
with.
during their life=~ shall ~ for t~ ~neflt of, a~ l~ltatlon
~lia ~lf~e. Th~ ~clarat~on on ~ ~art of th~ ~r ~h~
_ ~%~. the ~bllc recor~ of Dade.~ou~=~,._Florld~ and ~11 ~maiR .~n.
~11 fore and eZfec= and ~ bindl~ upon the unde~l~d, and
modl~l~ and or r~leas~. Any reference In this klaration to
-'- 14896;;1493
~he und~rBXg~l~,d Bhall £nclude the underslgne~,~ h~rs, ouccessorH
A POlYgON OF FRACTIONAL S~CTIONS 2 AND 3 OF ~ONNSHXP 52 SOUTH,
ItA~GE 42 FAST OF OAD~ COUNTY, FLORIDA, ~E~NG MORE ~A~TICULARL~
DESCRIBED AS FO~J~S~
~R~I~AP~Eq~R D~ZBED PA~C~s ............. ~ZNNZNG O~
s.7.;.,.~L~ ~ ~s~ 1/4 c~R oP ~XU S~X~
S49~46'~7~ FOR 102.12 P~T; I~C~ R~ ~87e3~'00-~ ~R ~55.93
FBi; ~ R~ N2°24'14~ FOR 386.58 FERT~
~87°35'48'N ~ 1~0.95 PBET ~ A ~INT, F~
CR~R OF ~ NRXT DRS~IBED C~VE B~RS $88°00,~3wW~ ~NCK
N~y ~ THE ~C OF A CIRC~R CUR~ ~ ~{R LE~, CONCAVE
4~5~'37'r A ~XUS OF 40~0.00 FE~, ~R ~ ~ DIST~E OF 350.31
~s ~ A~ DE~XPTION DES~I~S ~ 8~T 2~.839 A~ES OF
T~ 53.~301 A~'P~L DESCRIbeD XN O.R.B. 13~70 AT P~ 484.
JANUARy ?o 1991, PI~EPARED BY JA)~S AYLWARD & ASSOCIATES, INC.
-10-
~PRJL:lDClI26ESM.90
Signed, s~&~ecl, ex~cut~d and acknowledged
GLENDALg ET, DERAL I~A'I(, FEDERAL
SAVI~GS BANK
124RL1278E
012991/3/mm
seal in the ..~un=¥ · 199.1.
N~tary Publ~.c
PROPERTIES
November 91 1995
Mr. Ted Berman
Metro Dade County
Public Works Department
111 N.W. 1st Street, Suite 1610
Miami, Florida 33128-1970
RE: Agreement for Construction of Public Park Improvements
in-lieu-of Payment of Required Park Improvement Impact Fee.
Dear Mr. Berman:
Enclosed is the revised Agreement with Exhibit A now being the Cash
Performance Bond for Public Park Improvements per your request. Please void
the previous Agreement.
If I can be of further assistance, please do not hesitate to call.
Sincerely,
SUMMIT PROPERTIES PARTNERSHIP, L.P.
Enclosures
CC;
Marty Washington, Parks Department
Keith Kuhlman, SPPLP
Michael Malone, SPPLP
Steve Smoak, SPPLP
Andy Proctor, FUNB
Dick Schlosser, Kalish & Ward
Jerry Proctor, Eckert & Seamans
Suzanne Weiss, Glendale Federal Bank
Bill O'Leary, O'Leary Design Associates
Job File
One Harbour Place
777 & Harbour Island Boulevard/Suite 980/Tampa, Flor~da 33602 /(813) 228-SCS0/Fax (813) 228-6113
EXHIBIT"A"
CASH PERFORMANCEBOND
FOR
PUBLIC PARKIMPROVEMENTS
KNOW ALL MEN BY THESE PRESENTS:
That the Feepayer Summit Properties Partnership, L.P., (hereinafter
called the Principal), is held and firmly bound unto DADE COUNTY, a political
subdivision of the State of Florida, in the penal sum of two hundred seventy
seven thousand two hundred eiqhty five dollars ($277,285), which sum is
deposited by the Principal in the Letter of Credit with the Finance Director of
Dade County, for the faithful performance of a certain written agreement dated
October 31, 1995, given by the Principal (in said agreement called the
Feepayer) to Dade County, for the construction of certain public park
improvements listed in said agreement, a copy of said agreement attached
hereto and by reference made a part hereof.
NOW, THEREFORE, the conditions of the obligation are such that if the
Principal shall comply in all respects with the terms and conditions of said
agreement, within the time therein specified and shall in every respect fulfill his
obligations thereunder, this obligation shall be void and the Letter of Credit
deposited shall be returned without interest to the principal by the Finance
Director; otherwise this obligation shall remain in full force and the Principal, its
heirs, executors, administrators, successors and assigns do hereby irrevocably
agree that within the time limit specified in the Letter of Credit; the County
Finance Director, upon certificate of the County Park and Recreation Director
that the Principal has failed to complete the improvements, shall collect the full
amount of the Letter of Credit which shall be applied to the construction of those
improvements not completed by the Principal. Upon receipt of the total amount
of money specified in the Letter of Credit, the County shall proceed as rapidly
as possible to construction or cause to be constructed pursuant to public
advertisement and receipt an acceptance of bids, said uncompleted public park
improvements and the Principal agrees that upon completion of such
construction the final total cost to the County thereof, including but not limited to
design, legal and contingent costs and expenses, together with any damages
either direct or consequential which the County may sustain on account of failure
of the Principal to carry out and execute all the provisions of this agreement
shall be paid from the monies previously collected from the Letter of Credit.
The penal sum hereinabove stipulated and deposited is not a limitation
upon the liability of the Principal to the County. In the event suit is instituted by
the County through the County Attorney upon this agreement or bond, it is
stipulated and agreed that in additional to the actual costs and expenses of
litigation, the County shall recover a reasonable attorney's fee.
Any monies collected from the Letter of Credit that are not expended in
the payment of all costs pertaining to completion action and which are not
obligated for payment of required Dade County park impact fees shall be
returned to the Principal by the Finance Director.
IN WITNESS WHEREOF, the Principal has executed these presents this
31st day of October 1995.
Signed, Sealed and Delivered in the
pre~,~of: (Witnesses)
STATE OF FLORIDA
COUNTY OF HILLSBOROUGH
Principal (s)
SUMMIT PROPERTIES
PARTNERSHIP, L.P., a Delaware
limited partnership,
By: SUMMIT PROPERTIES, INC.,
a Maryland cj:~peration, its sole
- ~t~"!q'.-K .u .h. I m a n ~
I //E~ecutive Vice President
~ 777 S. Harbour Island Blvd. #980
Tampa, Florida 33602
(813) 228-8080
Taxpayer ID #56-1587809
The foregoing instrument was acknowledged before me this 31st day of October, 1995,
by Keith H. Kuhlman as Executive Vice President of Summit Properties, Inc., the General
Partner of Summit Properties Partnership, L.P. a Delaware limited partnership, on behalf of the
corporation in its capacity as general partne, r of the padnership. He is personally known to me
My Commiss~Lres~ ~-~%'
DIANA C. ~0R
KR0flICK
Personally Known Produced I.D. []
METROPOLITAN DADE COUNTY FLORIDA
PARK AND RECREATION DEPARTMENT
PARK IMPACT FEE
CONTRIBUTIONS IN-LIEU OF FEES
LETTER OF CREDIT
AGREEMENT
FOR CONSTRUCTION OF PUBLIC PARK IMPROVEMENTS IN-LIEU-OF
PAYMENT OF REQUIRED PARK IMPROVEMENT IMPACT FEES
KNOWN ALL MEN BY THESE PRESENTS: That
WHEREAS Summit Properties Partnership, L.P. (hereinafter referred to
as the Feepayer) in accordance with Chapter 33H of the Code of Metropolitan
Dade County, Florida, (hereinafter referred to as Chapter 33H) and the Metro-
Dade Park Impact Fee Manual (hereinafter referred to as Manual), concurrently
with the delivery of this Agreement, does hereby apply for approval from Dade
County, a political subdivision of the State of Florida (hereinafter referred to as
County), to construct public park improvements in-lieu-of payment of required
park improvement impact fees (contributions in-lieu-of fee) for a development
activity(les) within a development parcel in Dade County, Florida; and
WHEREAS, the development parcel for which the contributions in-lieu-of
free are to be applied is legally described as Tract Q of Marina Del Rey Revised,
as recorded in Plat Book 144, Page 89, and
WHEREAS, Chapter 33H and the Manual provide that no offer to
construct public park improvements in-lieu-of payment of required Dade County
park impact fees shall be approved by the Dade County Park and recreation
Director (hereinafter referred to as Director) unless a good and sufficient bond
be furnished the County conditioned upon the construction of the public park
improvements listed herein in accordance with the specifications and within such
times as may be required by the Director.
NOW, THEREFORE, in consideration of the approval of the Feepayer's
offer to construct public park improvements in-lieu-of payment of required park
impact fees by the Director, the Feepayer does hereby unconditionally promise
and agree to and with the County as follows:
1. The Feepayer shall comply with the provisions of Chapter 33H and the
Manual and within twenty-four (24) months of the effective date of this
agreement, the Feepayer will construct the following listed park improvements:
Park Landscapinq plans as drawn by O'Leary Desiqn Associates1 P.A.,
pages L1 & L2, dated December 20, 1993; paqe L-3 dated December 22,
1993; and paqes L4 & L5 dated December 20, 1993 and revised February
3, 1994. All landscaped areas shall be irriqated.
provided, however, that if the time for such construction be extended by the
Director because of unusual circumstances, the construction shall be completed
within such extended time.
Construction of the public park improvements shall be in accordance with
applicable Dade County Specifications approved by the Director.
2. It is further agreed that should the Feepayer be entitled to a refund,
pursuant to the provisions of Chapter 33H and the Manual, the Feepayer hereby
designates the following party(les) to receive such refund.
Summit Properties Partnership, bP. 777 S. Harbour Island Blvd., #980, Tampa, FL 33602 (813)228-8080
Name Address Phone #
56-1857809
Social Security/Tax Identification Number
3. In accordance with Chapter 33H of the Code of Metropolitan Dade
County, Florida and the Manual, the Feepayer tenders to the County a Letter of
Credit executed by the Feepayer, as Principal, in the amount of two hundred
seventy seven thousand two hundred eiqhty five dollars ($277,285), which
amount is not less than one-hundred ten percent (110%) of the estimated cost of
construction of the public park improvements listed herein.
In the even the Feepayer shall fail or neglect to fulfill his obligations under
this Agreement, within the time limit specified in the Letter of Credit, and/or the
County receives notice of intent not to renew the Letter of Credit, the County
Finance Director, upon certificate of the County Park and Recreation Director
that the Feepayer has failed to complete the improvements, shall collect the full
amount of the Letter of Credit which shall be applied to the construction of those
improvements not completed by the Feepayer. Upon receipt of the total amount
of money specified in the Letter of Credit, the County shall proceed as rapidly as
possible to construct or cause to be constructed pursuant to the public
advertisement and receipt and acceptance of bids, said uncompleted public park
improvements; and the Feepayer agrees that upon completion of such
construction, the final total cost to the County thereof, including but not limited to
design, legal and contingent costs and expenses, together with any damages
either direct of consequential which the County may sustain on account of failure
on the Feepayer to carry out and execute all the provisions of this agreement
shall be paid from the monies previously collected from the Letter of Credit.
The penal sum hereinabove stipulated and deposited is not a limitation
upon the liability of the Feepayer to the County. In the event suit is instituted by
the County through the County Attorney upon this agreement or bond, it is
stipulated and agreed that in addition to the actual costs and expenses of
litigation, the County shall recover a reasonable attorney's fee.
The Feepayer's Bond is attached hereto as "Exhibit A" and is made a part
of this agreement.
Any monies collected from the Letter of Credit that are not expended
the payment of all costs pertaining to completion action and which are not
obligated for payment of required Dade County park impact fees shall be
returned to the Feepayer by the Finance Director.
In
IN WITNESS WHEREOF, the Feepayer has executed these presents this
31st day of October, 1995.
Signed, Sealed and Delivered in the
presence of: (Witnesses)
STATE OF FLORIDA
COUNTY OF HILLSBOROUGH
Feepayer(s)
SUMMIT PROPERTIES
PARTNERSHIP, L.P., a Delaware
limited partnership,
By: SUMMIT PROPERTIES, INC.,
a Maryland.~o~porat~n, its sole
general r ne
B;"'~ / ~h H.~uhlman~--~ -
/Executive Vice President
,~/777 S. Harbour Island Blvd. #980
Tampa, Florida 33602
(813) 228-8080
Taxpayer ID #56-1587809
Personally Known/[~ OR Produced I.D, E]
Type and number of I.D. Produced,
The foregoing instrument was acknowledged before me this 31st day of October, 1995,
by Keith H. Kuhlman as Executive Vice President of Summit Propedies, Inc., the General
Padner of Summit Properties Partnership, L.P. a Delaware limited padnership, on behalf of the
corporation in its capacity as general padner of the padnership. He is personally known to me
and did take an oath.
~ , sion 6C338.183
Commission No.: ~(~~ ~
My Commission Expires?'~L~ 1-~ ~"
SUMMIT
PROPERTIES
November 1, 1995
Mr. Ted Berman
Metro Dade County
Public Works Department
Suite 1610
111 N.W. 1st Street
Miami, Florida 33128-1970
RE: Park Impact Fee credit for Improvements to Tract Q of Marina
Del Rey Revised, as recorded in Plat Book 144, page 89.
Dear Mr. Berman:
Enclosed is the executed Agreement for Construction of Public Park
Improvements in-lieu-of Payment of Required Park Improvement Impact Fees for
the above-referenced tract. Please note that the reference to this property on
your October 27, 1995, letter (copy attached) is incorrect. The plat designations
of Marina Del Rey Revised are as recorded in Plat Book 144, page 89. Exhibit A
of this agreement is the Irrevocable Letter of Credit issued by First Union
National Bank of North Carolina for $277,285.00, on behalf of Summit Properties
Partnership, L.P., which was delivered to your office via Federal Express (Airbill
#3419075256) on November 1, 1995, and signed for by A. Farriqr.
I would appreciate you taking the "Completion Hold" off the building permits
designated in your letter. If you feel it is necessary, it would be fair to put a hold
on our last building, Permit No. 94130953 for 2905 N:E. 190th Street (Building
#8), until the enclosed documents are reviewed and approved by Dade County.
We are scheduled to have that building finished by the middle of November.
I have also enclosed a copy of the O'Leary Design Associates Landscape plans
as referenced in the Agreement. Marry Washington recommended that I enclose
a set along with the enclosed documents.
One Flarbour Place
777 S. Hadoour Island Boulevard/Suite 980/I-ampa, Florida 33602 /(8131 228-SC~0/Fax (813] 228-6113
Mr. Ted Berman
Metro Dade County
November 1, 1995
Page Two
If I can be of further assistance, please do not hesitate to call.
Sincerely,
SUMMIT PROPERTIES PARTNERSHIP, L.P.
Vice President
Enclosu res
cc: Marty Washington, Parks Department
Keith Kuhlman, SPPLP
Michael Malone, SPPLP
Steve Smoak, SPPLP
Andy Proctor, FUNB
Dick Schlosser, Kalish & Ward
Jerry Proctor, Eckert & Seamans
Suzanne Weiss, Glendale Federal Bank
Bill O'Leary, O'Leary Design Associates
Job File
METROPOLITAN DAD~~
JNTY, FLORIDA
STEPHEN P. CLARK CENTER
PUBLIC WORKS DEPARTMENT
SUITE 1610
111 N.W. 1st STREET
MIAMI, FLORIDA 33128-1970
October 27, 1995
Summit Properties Partnership, L.P.
777 S. Harbour Island Blvd.
Suite 980
Tampa, Florida 33602
Ref:
Tracts A, B, C, D, G, I and J, MAR1NA DEL REY Subdivision, Plat Book 143, Page 87,
Dade County. Parks impact fee credit for improvements to local park in-lieu of
improvement fee.
Gentlemen:
This letter is to request the posting of a performance bond or letter of credit for 110% of your
approved park impact fee credit, at the above referenced parent tract, for the provision of 5.83
acres of public parks improvements. The value of these improvements is $252,076.70 and the
required performance bond or letter of credit shall be $277,284.37.
Failure to post the aforesaid security prior to the issuance of a building permit constituted an
"Insufficient Payment Amount" and in accordance with the Park Impact Fee Manual Section
II.B.(3) a C.O. shall not be issued. A "completion hold" has been placed on the following
projects:
Process No. Permit No. Site Address
C94037261 94130960
C94037267 94130957
C94037254 94130962
C94037259 94130965
C94037265 94130958
C94037237 94130954
C94037239 94130953
C94037269 94130956
3025NE 190 St.
2975NE 190 St.
3055NE 190 St.
3105NE 190 St.
3005NE 190 St.
2925NE 190 St.
2905NE 190 St.
2955NE 190 St.
If the aforesaid security is not posted or the applied credits in the amount of $73,0 l 8.14 is not
paid within 30 days, all construction on the site shall be stopped and permits could be revoked.
Equal Opportunity/Handicap Employer/Services
Summit Properties Partnership, L.P.
October 27, 1995
Page 2
If you have any further questions on this matter feel free to contact Ted Berman of our office at
(305) 375-2709.
PGH/TB/tb
CC
Carey L. Rawlinson
Marty Washington
Stanley B. Price, Esq.
METROPOLITAN DADE COUNTY FLORIDA
PARK AND RECREATION DEPARTMENT
PARK IMPACT FEE
CONTRIBUTIONS IN-LIEU-OF FEES
LETTER OF CREDIT
AGREEMENT
FOR CONSTRUCTION OF PUBLIC PARK IMPROVEMENTS IN-LIEU-OF
PAYMENT OF REQUIRED PARK IMPROVEMENT IMPACT FEES
KNOWN ALL MEN BY THESE PRESENTS: That
WHEREAS Summit Properties Partnership, bP. (hereinafter referred to as the Feepayer)
in accordance with Chapter 33H of the Code of Metropolitan Dade County, Flodda, (hereinafter
referred to as Chapter 33H) and the Metro-Dade Park impact Fee Manual (hereinafter referred to
as Manual), concurrently with the delivery of this Agreement, does hereby apply for approval from
DADE COUNTY, a political subdivision of the State of Florida (hereinafter referred to as County),
to construct public park improvements in-lieu-of payment of required park improvement impact
fees (contributions in-lieu-of fee) for a development activity(les) within a development parcel in
Dade County, Flodda; and
WHEREAS, the development parcel for which the contributions in-lieu-of free are to be
applied is legally described as Tract Q of Madna Del Rey Revised, as recorded in Plat Book 144,
Pa.qe 89, and
WHEREAS, Chapter 33H and the Manual provide that no offer to construct public park
improvements in-lieu-of payment of required Dade County park impact fees shall be approved by
the Dade County Park and Recreation Director (hereinafter referred to as Director) unless a good
and sufficient bond be furnished the County conditioned upon the construction of the public park
improvements listed herein in accordance with the specifications and within such times as may be
required by the Director.
NOW, THEREFORE, in consideration of the approval of the Feepayer's offer to construct
public park improvements in-lieu-of payment of required park impact fees by the Director, the
Feepayer does hereby unconditionally promise and agree to and with the County as follows:
1. The Feepayer shall comply with the provisions of Chapter 33H and the Manual and
within twenty-four (24) months of the effective date of this agreement, the Feepayer will construct
the following listed park improvements:
Park Landscaping plans as drawn by O'Leary Desiqn Associates, P.A., pages L1 & L2,
dated December 20, 1993; pa.qe L-3 dated December 22, 1993; and pages L-4 & L-5 dated
December 20, 1993 and revised February 3, 1994. All landscaped areas shall be ird.qated.
provided, however, that if the time for such construction be extended by the Director because of
unusual circumstances, the construction shall be completed within such extended time.
Construction of the public park improvements shall be in accordance with applicable Dade County
Specifications approved by the Director.
2. It is further agreed that should the Feepayer be entitled to a refund, pursuant to the
provisions of Chapter 33H and the Manual, the Feepayer hereby designates the following
party(les) to receive such refund.
Summit Properties Partnership, UP. 777 S. Harbour Island Blvd., Suite 980 Tampa, Flodda 33602 (813) 228-8080
Name Address Phone #
56-1857809
Social Security/Tax Identification Number
3. In accordance with Chapter 33H of the Code of Metropolitan Dade County, Flodda,
and the Manual, the Feepayer tenders to the County a Letter of Credit executed by the Feepayer,
as Principal, in the amount of two hundred seventy seven thousand two hundred eighty fiw
dollars ($277,285), which amount is not less than one-hundred ten percent (110%) of the
estimated cost of construction of the public park improvements listed herein.
In the event the Feepayer shall fail or neglect to fulfill his obligations under this
Agreement, within the time limit specified in the Letter of Credit, and/or the County receives notice
of intent to cancel or of intent not to renew the Letter of Credit, the County Finance Director, upon
certificate of the County Park and Recreation Director that the Feepayer has failed to complete
the improvements, shall collect the full amount of the Letter of Credit which shall be applied to the
construction of those improvements not completed by the Feepayer. Upon receipt of the total
amount of money specified in the Letter of Credit, the County shall proceed as rapidly as possible
to construct or cause to be constructed pursuant to the public advertisement and receipt and
acceptance of bids, said uncompleted public park improvements; and the Feepayer agrees that
upon completion of such construction, the final totat cost to the County thereof, including but not
limited to design, legal and contingent costs and expenses, together with any damages either
direct of consequential which the County may sustain on account of failure on the Feepayer to
carry out and execute all the provisions of this agreement shall be paid from the monies
previously collected from the Letter of Credit.
The penal sum hereinabove stipulated and deposited is not a limitation upon the liability of
the Feepayer to the County. In the event suit is instituted by the County through the County
Attorney upon this agreement or bond, it is stipulated and agreed that in addition to the actual
costs and expenses of litigation, the County shall recover a reasonable attorney's fee.
The Feepayer's Irrevocable Letter of Credit is attached hereto as "Exhibit A" and is made a
part of this Agreement.
Any monies collected from the Letter of Credit that are not expended in the payment of all
costs pertaining to completion action and which are not obligated for payment of required Dade
County park impact fees shall be returned to the Feepayer by the Finance Director.
~0~t¢52~ IN WITNESS WHEREOF, the Feepayer has executed these presents this.~lst day of
, .v.¥ember, 1995.
Signed, Sealed and Delivered in the presence
of: (VVitnesses)
Feepayer(s)
SUMMIT PROPERTIES PARTNERSHIP, L.P.,
a Delaware limited partnership,
By: SUMMIT PROPERTIES, INC., a Maryland
co~...its-sole gen e.~ral partner
I~i~ H. Kuhlman
..,Executive Vice President
~ 777 S. Harbour Island Blvd., Suite 980
Tampa, Florida 33602
(813) 228-8080
Taxpayer ID #56-1587809
STATE OF FLORIDA
COUNTY OF HILLSBOROUGH
The foregoing instrument was acknowledged before me this ,.JI --day of N~,
1995, by Keith H. Kuhlman as Executive Vice President of Summit Properties, Inc., the General
Partner of Summit Properties Partnership, L.P., a Delaware limited partnership, on behalf of the
corporation in its capacity as general partner of the partnership. He is personally known to me
and did take an oath. ~,~, ,~ D~^~c K~0N~CK ~,3 '
/
Personally Known ~0R Produced I.D. ~ Nota~ Public, State of Florida at Large
Ty~ and number of I.D. ~roduced, Commission No: ~ ~ ~ ~ ~ ~
My Commission ~pires: ~ _ i_ ~ %
CITY OF AVENTURA
TO:
FROM:
BY:
DATE:
SUBJECT:
COMMUNITY SERVICES DEPARTMENT
MEMORANDUM
City Council ~.~',~
Eric M. Soroka, City//~(~a~er
Sherma~
Robert M. ~,k,~cto,, o
December 30, 1997
Community Services~
Attached Resolution Authorizing the City's Grant Application for the
County Safe Neighborhood Parks Bond Program and Authorizing the
City Manager to Execute the Grant Agreement Between the City and
Miami.Dade County for the Amount of $160,000
January 6a, 1998 City Council Meeting Agenda Item
Recommendation
It is recommended that the City Council adopt the attached resolution authorizing the
Safe Neighborhood Parks (SNP) Bond Program Grant Application and authorizing the
City Manager to execute the associated SNP grant agreement with Miami-Dade County
for $160,000.
Back.qround
The City applied for a per capita grant from the Miami-Dade County SNP Bond
Program in the amount of $160,000 for the development of Founders Park (Exhibit "A").
The Citizens Oversight Committee approved the application, and have subsequently
forwarded the attached agreement between Miami-Dade County and the City for
execution (Exhibit (B). The grant funds will be used to fund the construction of the
following amenities:
Two clay tennis courts.
· Playground,
· Exercise Trail.
· Four Sun Shelters.
Aventura Founders Park is scheduled to be out for bid this month, and is on schedule
for an April groundbreaking and an October 1998 opening. If you have any questions,
please feel free to contact me.
Attachments
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, AUTHORIZING THE
ATTACHED SAFE NEIGHBORHOOD PARKS GRANT
APPLICATION AS DESCRIBED IN EXHIBIT "A" AND
AUTHORIZING THE CITY MANAGER TO EXECUTE THE
ATTACHED AGREEMENT BETWEEN THE CITY OF
AVENTURA AND MIAMI-DADE COUNTY FOR A GRANT
IN THE AMOUNT OF ONE HUNDRED SIXTY THOUSAND
DOLLARS ($160,000) FROM THE MIAMI-DADE COUNTY
SAFE NEIGHBORHOOD PARKS BOND PROGRAM AS
DESCRIBED IN EXHIBIT "B"; AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS NECESSARY TO CARRY
OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the citizens of Miami-Dade County have authorized the issuance of
general obligations bond (the "Bond") for the purpose of financing capital improvement
programs for certain parks, beaches, natural areas and recreation facilities; and
WHEREAS, to implement and give effect to the bond program, Miami-Dade
County Florida enacted Ordinance 96-115, the Safe Neighborhood Parks Ordinance
(the "County Ordinance"); and
WHEREAS, it is necessary and desirable to improve the quality of life, to benefit
property values, to promote prevention of juvenile crime by providing positive
recreation opportunities, and to improve the recreation facilities for youth, adult, and
senior citizens in the community through the improvement of our parks and natural
areas; and
Resolution No.
Page 2
WHEREAS, in order to foster those important values, the project more
specifically listed below has been identified for reimbursement pursuant to the terms of
the County Ordinance.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, THAT:
Section '1. The City Manager is hereby authorized to make application for a
grant for the project as described in Exhibit "A" and in the amount listed below, and in
connection with such application to execute such grant agreement as described in
Exhibit "B" and other contracts and documents, to expend Safe Neighborhood Parks
bond funds received for the purposes described in the funding request, to execute any
necessary amendments to the grant application and contracts, and take such other acts
as may be necessary to bind the City of Aventura ("the City") and accomplish the intent
of this Resolution. Application shall be made with respect to the following project (the
"Project") in the amount set forth below.
GRANT TITLE:
YEAR ONE FUNDING:
TOTAL GRANT:
Aventura Founders Park
$160,000
$1607000
Resolution No.
Page 3
Section 2.
The City Manager is hereby authorized to do all things necessary
and expedient in order to carry out the aims of this Resolution.
Section 3. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by
adoption. The motion was seconded by
vote, the vote was as follows:
Councilmember Arthur Berger
Councilmember Ken Cohen
Councilmember Harry Holzberg
Councilmember Jeffrey M. Perlow
Councilmember Patricia Rogers-Libert
Vice Mayor Jay R. Beskin
Mayor Arthur I. Snyder
PASSED AND ADOPTED this 6th day of January, 1998.
, who moved its
and upon being put to a
ATTEST:
ARTHURI. SNYDER, MAYOR
TERESA M. SMITH, CMC
CITY CERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
EY,,iII:B I T
METROPOLITAN DADE COUNTY
SAFE NEIGHBORHOOD PARKS(SNP) BOND PROGRAM
SPECIFIED PROJECTS AND PER CAPITA ALLOCATION PROJECTS
GRANT APPLICATION FORM
APPLICANT INFORMATION:
A. Applicant (Agency Name): City of Aventura
B. Contact Person: Robert 8. Sherman Title:Director of Co~unit~
MailingAddrcss: 2999 I~.E. 191 Street, Suite 500
City: Aventura State: FL Zip Code: 33180
Telephone: (305) 466-8s30 FAX: (305) 466-8939
C. Applicant Certification
I hereby ccrtif) thc information prov dcd in this application and an~ attachments is truc and accurate
I further ccmfx thaTT'oosscss t~o applx [o, th,s grant on behalf of the ap?lican/V
Signature0fAuth0rizedF~tative EE~ l~l~naS~err°ka Date '
il. GIL~NT OVERVIEW:
A. Grant Title: Aventura Founders Park Development
B. Brief Grant Summary: Construction and develooment of 11 aero
for active and passive recreational opportunities.
C. Funding Request:
anticipated total project ordinance
expenditures multi-)ear grant allocation section
specified prOject
and/or per capita allocation
$ $
$ 160,000 $ 160,000 $~60,000 3(a)(1)(i)
total $ 160,000 $ 160,000 $160,000
* In some cases, the anucipatcd first 5car expenditures and the mufti-scar grant request x~ill be thc same. Hox~ever. grant
expenditures ma~, be scheduled o~er a period not to exceed three 5ears
** In man5 cases, the multi-.~ear grant request and thc total project allocation wdl be the same Hinderer. large projects
ma5 be divided into more than one grant
D. Grant Type (check all that apply)
I Development. land o~sned b_~ applicant
2 Development. land leased by applicanL Term of lease from
3. Land Acquisition
through
Page I of 4
E. Grant Readiness:
~ ending
dale d4~fg
be~inniW' cndinu
Dc~clonmgm; ~ date
Propert?, Identification
Willing Seller Determination
Appraisals
Acqmsition
Planmng ~ ~1.2]96_
Schematic Designs 1~97 __ 7197 _
Design Development 8/97 10/97 _
Construction Drav, ings 10/97~ 12/97
Construction 1/98~ __9198
Method of Acquismon (cg emincnt domain, purchasc, giftI:
Ill. GRANT DETAILS:
A. Cost Estimate and Expenditure Schedule for SNP grant funds (round to the nearest hundred); budget
on cash basis
{ I ~ TOTAL
FY 97-98 [ FY 98-99 i FY 99-00 SNP Grant i % OF
BUDGET ITEMS Ii EXPENSE EXPENSE I EXPENSE RequestI~TOTALI
PLANNING * ~
ESIGN *
iPROJECT ADMINISTRATION *
LAND/BLDG ACQUISITION { i I
CONSTRUCTION Ihst belo~ bx elenlent w~th quantmes)
· Two clay tenni~ courts $45,000 0 0 $45.000
· One playground $35,000 0 0 $35,000 22Z
· 3,200 linear feet exercise trail $40,000 0 0 $~,O_.Oo0
· Four sun shelters ;40,000 O_ 0 $~.fl_flflfl
·constructton contingency (sac B below}
To~l Construction __
ART ALLOWANCE (for Metro-Dada only}
FIXTURES. FURNISHINGS. EQUIPMENT i [
PROJECT CONTINGENCY** Funded by local dollars, [f needed See Exl!ibit "A" p~ges
EXPENDITURE TOTALS ~160,000 0 0 15160,000 100°/°
' The combination of p[anmng, design and prOject admmistratton costs cannot exceed 17%
** A project contingency m to compensate for actual costs being higher than budgeted For example, even the lox~est
bid on a constructioh contract ma', be higher than the amount budgeted. The project contingency may not exceed
15% of thc total grant request. T~e amount of funds allocated for project contingency should reflect hox~ firm thc
budget is at this point in time. Project contingencies should be highest for projects not yet planned, and should
decrease as a project progresses through design dra~ings to construction. A project contmgcnc> is over and above
the amount budgeted for a construction contingency
77
Page 2 of 4
A construction contingent5 is for unforcsccn conditions encountered once a constmchon contract ~s axxardcd alld
construction has begun The amount of fi. rods allocated for a construction contmgcnc5 should reflect thc
probabiliw of unforeseen conditions For example, renovation projects t3picall5 tnxokc mom unforeseen
conditions than docs nc~ construcnon
If the construction contingency is less than 5% of the total constraction cost estimate, explain why you
think it is sufficient.
Pricine format uses current construction estimates exclusive of design costs.
If it turns out not to be sufficient, how will the shortfall be made up?
Any contingency will be funded by local dollars as contained in the Capital Budget.
(See F~hibit "A"; Line Item 6-60-6999, Page 64.)
C. Identify any potential Preagreement Costs (eligible costs incurred prior to execution of grant agreementl
Describe: N/A $ Amount:
When were these costs incurred?
D. Describe basis or justification for cost estimate:
Staff and consultant research using
Do you anticipate using SNP bond funds to leverage additional funds for the subject SNP grant or total
project? If so, list the other sources of funding and amounts:
Yes -- $1.540.000 local dollars -- (See Pa~e 7 of Exhibit "B"). (Project .__
elements listed on Page 78 of Exhibit "A").
Explain how these other sources of funding will be used to either complete or expand the SNP bond
funded grant or total project:
Local dollars as identified in Exhibit "A", Pages 64 and 77. (City of Aventura
proposed FY 97-98 Budget).
If any of these other sources of funding don't fully materialize, how will that affect the SNP bond funded
grant or total project?
Pro~ect will be re-progranm~d into later fiscal years, i.e.,
phasing of project construction.
F. Upon completion, will the work funded by this grant result in increased or new annual maintenance and
operation costs.° Yes
Upon completion, will the work funded by this grant result in increased or new annual programming
costs.° Yes
Page 3 of 4
IV. As a condition of thc grant, thc applicant agrees to cxccutc a grant agreement and to compl5 x~th all terms and
conditions of that grant agreement, the Administrative Rulcs of thc SNP Bond Program and thc SNP bond
ordinance The Administrative Rules contmn ccrtam subnuss~on rcqmrcmcnts that must accompany thc grant
application prior to execution of thc grant agreement
Required attachments to be submitted prior to execution of grant agreement include but may not be
limited to:
All Applicants:
1. ProJect Location Map
2. Evidence of adequate land tenure (deed. lease, ctc )
3 Any existing or proposed operating agrecmcnL lease, management contract, or similar arrangement ~ith a
non-govenunental entity that relates to thc project or project sac
4. Site Plan. if available (optional)
B. Public Agencies
1 Authorizing Resolution (sample attached)
Not-For-Profit Organizations (in partnership x~ith Mctro-Dade on certain rog ona projects)
I Proof of Board Approval - Resolution or Board Minutcs
2 IRS Letter of Tax Exempt Status
Applicants may attach additional materials as deemed necessary to support the application. The Oversight
Committee or its subcommittees may require additional information in support of the application.
Page 4 of 4
Exhibit "B"
AGREEMENT
This Agreement, made this 6th day of January, 1998, by and between Miami-
Dade County, a political subdivision of the State of Florida (County) through its Office of
Safe Neighborhood Parks (Office), located at 111 N.W. 1st Street, Suite 650, Miami, FL
33128, and the City of Aventura having offices at 2999 N.E. 191st Street, Suite 500,
Aventura, FL 33180 (Grantee) states conditions and covenants for the rendering of Safe
Neighborhood Parks Bond Project(s) (Project(s)) for the County.
WHEREAS, the citizens of Miami-Dade County have authorized the issuance of
general obligation bonds for the purpose of financing capital improvement programs for
certain parks, beaches, natural areas and recreation facilities; and
WHEREAS, to implement and give effect to the bond program, Miami-Dade
County, Florida enacted Ordinance 96-115, the Safe Neighborhood Parks Ordinance;
and
WHEREAS, it is necessary and desirable to improve the quality of life, to
preserve property values, to promote prevention of juvenile crime by providing positive
recreation opportunities, and to improve the recreation facilities for youth, adults, and
senior citizens in this community through the improvement of our parks and natural
areas; and
WHEREAS, in order to foster those important values, the project(s) listed herein
have been identified for reimbursement pursuant to the terms of the Ordinance;
NOW, THEREFORE, the parties agree as follows:
SCOPE OF SERVICE & BUDGET SUMMARY. The Grantee agrees to render
services in accordance with the Brief Grant Summary statement incorporated and
that all expenditures or costs shall be made in accordance with the Budget which is
incorporated and attached as Exhibit A. (See Section XII H.)
I1.
ADMINISTRATIVE RULES & BOND ORDINANCE. The Grantee agrees to
abide by and be governed by the Administrative Rules for Specified Project Grant
And Per Capita Allocation Programs and the Bond Ordinance, copies of which
appear as Attachments 1 and 2. Without limiting the generality of the preceding
sentence, the Grantee agrees to: Payment Procedures (Ord., Sec.6 & Rules, 10B);
Breach of Agreement (Rules, 10B(6) & 11E); Termination (Rules, 11E); Prohibited
Use of Funds (Rules, 10E); Required Documentation (Rules, 11E) Prohibited Use of
Funds (Rules, 10E); Required Documentation (Rules, 11C & 12); Operating Funds
(Ord., Sec. 5(b)(1); Completion of Project and Supplemental Funding (Rules,
10B(11)); and Audits (Ord., Sec. 13 & Rules, 10B(8)).
II1.
EFFECTIVE TERM. Both parties agree that the effective term of this Agreement
shall be from January 6th, 1998 to January 6th, 2001. Failure by the Grantee to
complete the project by the aforementioned date, unless extended, shall be cause
for the County to terminate this Agreement.
IV.
AMOUNT PAYABLE. The maximum amount payable for the project(s) rendered
under year one of this Agreement, shall not exceed One Hundred Sixty Thousand
and no hundredths ($160,000.00).
FUNDING COMMITMENT. In the event that the project requires funding beyond
the first year, funding for subsequent years is conditioned upon appropriation by the
Board of County Commissioners of Miami-Dade County, Florida, with no
representation that funds will be forthcoming.
VI.INDEMNIFICATION BY GRANTEE.
Government Entity.
Grantee, as a Government entity shall indemnify and hold harmless the County and
its officers, employees, agents, and instrumentalities from any and all liability, losses
or damages, including attorney's fees and costs of defense, which the County or its
officers, employees, agents or instrumentalities may incur as a result of claims,
demands, suits, causes of action or proceedings of any kind or nature adsing out of,
relating to or resulting from the performance of this Agreement by the government
entity or its employees, agents, servants, partners, principals or subcontractors~
Grantee shall pay all claims and losses in connection therewith and shall investigate
and defend all claims, suits or actions of any kind or nature in the name of the
County, where applicable, including appellate proceedings, and shall pay all costs,
judgements, and attorney's fees which may issue thereon. Provided, however, this
indemnification shall only be to the extent and within the limitations of Section
768.28, Fla. Stat., subject to the provisions of that Statutes whereby the government
entity shall not be held liable to pay a personal injury or property damage claim or
judgement by any one person which exceeds the sum of $100,000, or any claim or
judgement or portion thereof, which when totaled with all other claims or judgement
paid by the government entity arising out of the same incident or occurrence, exceed
the sum of $200,000 from any and all personal injury or property damage claims,
liabilities, losses or causes of action which may arise as a result of the negligence of
the government entity.
VII. INSURANCE. If the Grantee is the State of Florida or an agency or political
subdivision of the State as defined by Section 768.28, Florida Statutes, the Grantee
shall furnish the County, upon request, written verification of liability protection in
accordance with Section 768.28, Florida Statutes. Nothing herein shall be construed
to extend any party's liability beyond that provided in Section 768.28, Florida
Statutes.
2
VIII. CIVIL RIGHTS. The Grantee agrees to abide by Chapter 11A, Article IV of the
Code of Miami-Dade County ("County Code"), as amended, which prohibits
discrimination in employment; Title VII of the Civil Rights Act of 1968, as amended,
which prohibits discrimination in employment and public accommodation; the Age
Discrimination Act of 1975, 42 U.S.C., as amended, which prohibits discrimination in
employment because of age; Section 504 of the Rehabilitation Act of 1973, 29
U.S.C., Section 794, as amended, which prohibits discrimination on the basis of
disability; and the Americans with Disabilities Act, 42 U.S.C., Section 12103 et seq.,
which prohibits discrimination in employment and accommodation because of
disability.
It is expressly understood that upon receipt of evidence of discrimination under any
of these laws, the County shall have the right to terminate this Agreement. It is
further understood that the Grantee must submit an affidavit attesting that it is not in
violation of the Americans with Disability Act, the Rehabilitation Act, the Federal
Transit Act, 49 U.S.C., Section 1612, and the Fair Housing Act, 42 U.S.C., Section
3601 et seq. If the Grantee or any owner, subsidiary, or other firm affiliated with or
related to the Grantee, is found by the responsible enforcement agency, the Courts
of the County to be in violation of these Acts, the County will conduct no further
business with the Grantee. Any contract entered into based upon a false affidavit
shall be voidable County, even if the Grantee was not in violation at the time it
submitted its affidavit.
IX.
NOTICES. It is understood and agreed between the parties that written notice
addressed to the Office and mailed (certified/return receipt) or delivered to the
address appearing on page one (1) of the Agreement and written notice addressed
to the Grantee and mailed (certified/return receipt) or delivered to the address
appearing on page one (1) of this Agreement shall constitute sufficient notice to
either party.
AUTONOMY. Both parties agree that this Agreement recognizes the autonomy
of and stipulates or implies no affiliation between the contracting parties. It is
expressly understood and intended that the Grantee is only a recipient of funding
support and is not an agent or instrumentality of the County. Furthermore, the
Grantee's agents and employees are not agents or employees of the County.
Xl. TERMINATION BY EITHER PARTY. Both parties agree that this Agreement
may be terminated by either party hereto by written notice to the other party of such
intent to terminate at least thirty (30) days prior to the effective date of such
termination. The County Manager is authorized to terminate this Agreement on the
behalf of the County.
3
XII.
A.
MISCELLANEOUS.
Governin,q Law. The Grantee agrees to comply with all applicable federal, state
and county laws, rules and regulations, which are incorporated by reference or
fully set forth. This Agreement is made in the State of Florida and shall be
governed according to the laws of the State of Florida. Proper venue for this
Agreement shall be Dade County, Florida.
Modifications. Any alterations, variations, modifications, extensions or waivers of
provisions of this Agreement including but not limited to amount payable and
effective term shall only be valid when they have been reduced to writing, duly
approved and signed by both parties and attached to the original of this
Agreement.
Counterpart. This Agreement is signed in four counterparts, and each
counterpart shall constitutes and odginal of this Agreement.
Headin.qs, Use of Sin.qular and Gender. Paragraph headings are for
convenience only and are not intended to expand or restrict the scope or
substance of the provisions of this Agreement. Wherever used herein, the
singular shall include the plural and plural shall include the singular, and
pronouns shall be read as masculine, feminine or neuter as the context requires.
A.qreement Contact. The County's representative for this agreement is Beverly
N. Mirman, D.P.A.. The Grantee's representative for this agreement is Eric M.
Soroka, City Manager.
Frin,qe Benefits. In the event that a percentage of salary will be utilized as the
method to claim eligible fringe benefit costs pursuant to Section 10(D)(2)(c) of the
Rules, such percentage shall not exceed 20%. This percentage shall be based
on the actual cost of the fringe benefits and shall be demonstrated to the
reasonable satisfaction of the County. Documentation in support of this
percentage shall be submitted to the Office for approval contemporaneously with
the execution of this Agreement.
Subcontracts. Any subcontracts written under the provision of the Ordinance
(Sections 5(b)(5) and 8(c)) require prior review and written approval of the
County.
4
H. Totality of A.qreement / Severability of Provisions. This five page Agreement with
its recitals on the first page of the agreement and with its attachments as
referenced below contain all the terms and conditions agreed upon by the
parties:
Attachment 1:
Administrative Rules For Specified Project
Grant And Per Capita Allocation Programs
Attachment 2:
Safe Neighborhood Parks Ordinance
Attachment 3:
Miami-Dade County Affidavits
Exhibit A:
Approved Project(s) and Budget(s)
No other Agreement, oral or otherwise, regarding the subject matter of this
Agreement shall be deemed to exist or bind any of the parties hereto. If any provision
of this Agreement is held invalid or void, the remainder of this Agreement shall not be
affected thereby if such remained would then continue to conform to the terms and
requirements of applicable law.
IN WITNESS WHEREOF, the parties hereto have set their hands and affixed
their respective seal the day and year first above written.
CITY OF AVENTURA
By:
Eric M. Soroka, City Manager
Attest:
Teresa M. Smith, CMC, City Clerk
Approved as to Legal Sufficiency:
By:
City Attomey
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
MIAMI-DADE COUNTY,
a political subdivision of the
State of Florida
Assistant County Attorney
Armando Vidal, P.E., County Manager
ATTEST:
Harvey Ruvin, Clerk
By:
As Deputy Clerk
7
TO:
FROM:
DATE:
SUBJECT:
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
City Council ~,
Eric M. Soroka, C
December 30, 1997 ~
Work Authorization No. 97: 38A for O'Leary Design Associates, P.A.
207th Street and N.E. 34th Avenue Capital Improvement Project
January 6, 1998 City Council Meeting Agenda Item
RECOMMENDATION
It is recommended that the City Council authorize the execution of the attached Work
Authorization with O'Leary Design Associates, P.A. to prepare construction plans,
documents, and construction observation relating to the 207th Street and N.E. 34th
Avenue Capital Improvements. This project consists of decorative streetlighting and
landscaping.
BACKGROUND
The Capital Improvement Program for 1997/98 includes decorative streetlighting and
landscaping improvements along N.E. 207th Street and N.E. 34th Avenue.
We are in the final stages of accepting the dedication of the private roads that includes
N.E. 207th Street east of N.E. 34t~ Avenue and Yacht Club Drive from Coscan Florida,
inc. The improvements will be designed for N.E. 207th Street from Biscayne to the
guardhouse on the east and N.E. 34th Avenue from N.E. 207th Street to N.E. 213th
Street. Yacht Club Drive is included in the CIP for 1999 after N.E. 213th Street is
complete.
The fee for the Work Authorization is $63,950. The project budget is $686,000 as
follows:
Developer Contribution
Beautification Improvements
Streetlighting Improvements
$226,000
$285,OOO
$175,000
Total $686,000
Memo to City Council
Page 2
The project schedule is anticipated to be as follows:
Execution of Work Authorization
Award Bid for Project
Construction Commences
Project Completion
Janua~ 1998
Ma~h 1998
April1998
August1998
The above schedule is an ambitious one that could be subject to weather conditions or
other unforeseen issues.
If you have any questions, please feel free to contact me.
EMS/aca
Attachment
CC0447-97
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, AUTHORIZING THE CITY
MANAGER TO EXECUTE THE ATTACHED WORK
AUTHORIZATION NO. 97-138A TO PREPARE
CONSTRUCTION DOCUMENTS AND PROVIDE FOR
CONTRACT ADMINISTRATION FOR NE 207TM STREET
AND NE 34TM AVENUE CAPITAL IMPROVEMENTS BY
AND BETWEEN THE CITY OF AVENTURA AND O'LEARY
DESIGN ASSOCIATES, P.A.; AND PROVIDING AN
EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City Manager is hereby authorized to execute the attached
Work Authorization No. 97-138A ($63,950) for the preparation of construction
documents and provide for contract administration for NE 207th Street and NE 34th
Avenue in accordance with the Capital Improvements Program for professional services
by and between the City and O'Leary Design Associates, P.A..
Section 2. The City Manager is authorized to do all things necessary to carry
out the aims of this Resolution.
Section3. This Resolution shall become effective immediately upon its
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:
, and
Resolution No.
Page 2
Councilmember Arthur Berger
Councilmember Ken Cohen
Councilmember Harry Holzberg
Councilmember Jeffrey M. Perlow
Councilmember Patricia Rogers-Libert
Vice Mayor Jay R. Beskin
Mayor Arthur I. Snyder
PASSED AND ADOPTED this 6th day of January, 1998.
ARTHURI. SNYDER, MAYOR
ATTEST:
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
EMS/tms
WORK AUTHORIZATION NO.97-138-A
N.E. 207th STREET and N.E. 34th AVENUE
STREET LIGHTING, SIGNAGE, AND LANDSCAPING
FOR
AVENTURA, FLORIDA
SCOPE OF CONSULTING SERVICES
BETWEEN
THE CITY OF AVENTURA, FLORIDA
AND
O'LEARY DESIGN ASSOCIATES, P.A.
DECEMBER 17, 1997
EXHIBIT 'A'
WORK AUTHORIZATION NO, 97-138-A
N.E. 207th STREET and N.E. 34th AVENUE
STREET LIGHTING, SIGNAGE, AND LANDSCAPING
FOR
AVENTURA, FLORIDA
SCOPE OF CONSULTING SERVICES
PREAMBLE
Consultant proposes to provide professional services associated with the completion of
plans and contract documents for N.E. 207th Street from Biscayne Boulevard to the guard
hOuse at The Waterways; and for N.E. 34th Avenue from NE. 207th Streel to the end of
first median island, as follows:
I) Landscape Architectural Services
A) Contract Documents
1)
2)
3)
Complete revisions to previously designed entry sign to
accommodate new location in N.E. 207th Street median.
Complete landscape and irrigation plans for N.E 207th Street
median from Biscayne Boulevard to Guard House.
Complete specifications suitable for bidding.
B) Bidding Phase
l)
2)
Assist the City of Aventura in securing competitive bids.
Evaluate bids and make recommendation to City Manager.
C) Construction Administration Phase
1)
2)
4)
5)
Attend pm-construction "kick-off" meeting.
Attend on-site construction meetings, as needed.
Review and approve contractor shop drawings.
Complete final inspection and final punch-list and issue'
Notice of Aeceptance' to contractor.
Secure all warranties and operating manuals and remit to City.
Prepare "as-built" plans documenting deviations and or additions to
contract plans.
II) Electrical Engineering Services Coy Bailey Engineering Consultants).
I O'LEARY DESIGN ASSOCIATES.. P.A.
Landscape Archi{ec{s
WAGE RATE CERTIFICATION
DATE: DECEMBER 17, 1997
PROJECT NO.: 97-138-A '
PROJECT: N.E. 207th STREET and N.E. 34th AVENUE
STREET LIGHTING. SIGNAGE, AND LANDSCAPING
AVENTURA, FLORIDA
PROJECT MANAGER: WILLIAM A. O'LEARY
'A~K NAME: LANDSCAPE ARCHITECTURAL SERVICES
TASK HOURLY PROPOSAL
CLASSIFICATION HOURS RATE DOLLARS
I,~ PROJECT MANAGER 130 90 $ 11,700,00
~ ~NDSCAPE ARCHITECT 174 75 $ 13,050.00
TOTAL HOURS
'TOTA[ DOLLARS $ 24,750,00
:~EIMBUR~AB£E EXPENSES
SUB-CONSULTANT
SUB-CONSULTANT 'C'
SUB-CONSULTANT 'D'
TRAVEL
EST. COST RELATED
PRINT NO.
PRINTS/GRAPHICS/INCIDENTALS $ 1,200.00
A, TOTAL REIMBURSABLE EXP. $ 1,200.00
DIRECT EXPENSES:
sUB-CONSULTANT 'A'
IE~NVIRONMENTAL AUDIT)
suB-CoNsULTANT 'B' ARCHITECT
SUB-CONSULTANT 'C' ELECTRICA $
SUB-CONSULTANT 'D' GRAPHICS $
35,000.00
3,000.00
$ 38,000,00
$ 24,750,00
$ 63,950.00
B. TOTAL DIRECT EXPENSES
C. TOTAL DIRECT LABOR
TOTAL BUDGET
(AfB+C)
PREPARED BY WAD
APPROVED BY; WAO"
12/17/97
' i2/17/97
WORK AUTHORIZATION NO. 97-138-A
The City of Aventura has requested Work Authorization No. 97-138-A, as provided for in the
agreement between the City of Aventura and O'Leary Design Associates, P.A. and approved by
the City Commission on August 20, 1996.
This Work Authorization No. 97-138-A provides for Landscape Architectural services in
accordance with Articles 3 and 4 of the agreement as further detailed in the scope of services
Exhibit A.
Payment for such services shall be in accordance with Article 5 of the agreement.
Total estimated labor expenses are $26,250.00
Total estimated direct expenses are $42,000.00
Total estimated reimbursables are $ 1,200.00
WILLIAM A. O'LEARY, FASI~
ATTEST:
By:¸
City Clerk
TERESA M. SMITH
APPROVED AS TO FORM
CITY:
CITY OF AVENTURA, FLORIDA
through its City Manager
By:
City Manager
ERIC M. SOROKA
__day of ., 19.__
By:
City Attorney
WEISS-SEROTA-HELFMAN
Notice to Proceed Yes No
Project Initiation Date
RECOMMENDED through its
CAPITAL PROJECTS MANAGER
By:
Capital Projects Manager
ALBERT J. CATULLO
__day of ,19__
~2/16/1997 14:47 954-564-3840
E:AZLEY ENGINEr..~ING
16, 1997
Mr. William O'Leary
O*~ Design Associates, P.A.
Oak Plaza C~nter
g525 S.W. 92~ Sheet, Suite C11
~nmi, FL 33156
Re: , l~adway [,ighting on NE 207~ Street and NE 34~' Avenue
AVerrtum, Florida
Desr Mr, O'Le~7:
~¢ ar~ phased t,o ~ulxnit o~ pmpos~ ~or elec~c~ e~e~ng ~ce~ for ~¢ abovo p~ject. O~ se~ic~
Clu& ~e tollow~:
Co~l~d ~c~gs of~aw~ f~ ~e work, coveting alt ph~ ofo~ desi~, ~ ~o~ce ~ a fo~
&~t~ed by you.
2. Filial projeot ~eo~tc~ons.
Coor~on wi~ FP&L for el~c s~ice requirem~t~.
4. ~al cost est~t~ f~ ~e wo~ ~ffo~ed ~d~ ~is a~m~[ A~d
mlemt m our d~.
5. Services during bidding.
6, ShOp drawin8 reviow.
7. Sltc vista during construction.
Our scope of sm-vice, s shall include the desj~p~, of roadway lighting alon8 NB 207~' street from US-1 to NB 34~ avenue
and along NE 34~ avenue from NE 20'/ stre,t to park on nodh side of ~oaCl,Wa..y, an cstima~d overall length of
alyi~xi~t~ly 1.1 miles. Our fee for this wonk shall be $:35,000.00, payabb as muow*:
When PlaJ~ are 25% Complete
WhenPlan~ mm 50% Complete
When plans are 80% Cmplete
~n Pl~ ~e 100% Co~le~
It~ 5 Co~lete (Cons~cdon ~o~e~)
Item 6
It~ 7 C~lete (~cfion
6,250.00
6,250.00
7,500.00
$,000.00
1,000.00
5,000.00
4,000.00
Vor~ truly yom,
Stephen E. Bailey, B.E,
ACCEtq~D .
Fl9197D~
DATE
CITY OF AVENTURA
OFFICE OF THE CITY CLERK
MEMORANDUM
TO:
FROM:
BY:
DATE:
SUBJECT:
City Council
Eric M. Soroka, City Manage-r~--~. /
Teresa M Smith, CMC, Cityt'----~--- c-Cler___~]~
December 26, 1997
Adoption of City of Aventura Code of Ordinances
1~ Reading December 16, 1997 City Council Meeting Agenda Item 7-A
2nd Reading January 6, 1998 City Council Meeting Agenda Item ~
Recommendation
It is recommended that the City Council enact the attached Ordinance providing for
adoption of our Code of Ordinances.
Backqround
All Ordinances (exclusive of budgetary and temporary legislation) enacted by the City
Council are forwarded to Municipal Code Corporation for codification. Council has
recently been provided with the initial Code of Ordinances which includes all
Ordinances enacted as of April 1, 1997. Ordinances passed subsequent to that date
will be included in supplements to the Code document.
The attached Ordinance provides for adoption of the Code, the method of amendment
and a penalty for violation of any provisions of the Code.
If you have any questions, please feel free to contact me.
tms
attachment
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA
ADOPTING AND ENACTING A CITY CODE FOR THE CITY
OF AVENTURA; PROVIDING FOR GENERAL PROVISIONS;
ADMINISTRATION; ANIMALS; BUILDINGS AND BUILDING
REGULATIONS; BUSINESS REGULATIONS; MCENSES
AND PERMITS; CABLE COMMUNICATIONS; ELECTIONS;
ENVIRONMENT; PLANNING AND ZONING; SOLID WASTE;
STREETS, SIDEWALKS AND OTHER PUBLIC PLACES;
PROVIDING FOR PENALTY FOR VIOLATION; PROVIDING
FOR THE MANNER OF AMENDING SUCH CODE;
PROVIDING FOR WHEN SUCH CODE AND THIS
ORDINANCE SHALL BECOME EFFECTIVE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA AS FOLLOWS:
,~ecfion 1. That the Code entitled "Code of Ordinances, City of Aventura, Florida,"
published by Municipal Code Corporation and consisting of Chapters 1 through 42, each
inclusive, is hereby adopted.
,~ection 2. That unless another penalty is expressly provided, every person
convicted of a violation of any provision of the Code or any ordinance, rule or regulation
adopted or issued in pursuance thereof shall be punished by a fine not exceeding $500.00
or imprisonment for a term not exceeding 60 days, or by both such fine and imprisonment in
the discretion of the court. Each act of violation and each day upon which any such
violation shall occur shall constitute a separate offense. The penalty provided by this
section, unless another penalty is expressly provided, shall apply to the amendment of any
Code section, whether or not such penalty is re-enacted in the amendatory ordinance. In
addition to the penalty prescribed above, the City may pursue other remedies such as
Ordinance No. 97-__
Page 2
abatement of nuisances, injunctive relief and revocation of licenses or permits. The Code
shall also be subject to enforcement in accordance with Section 162, F.S. et seq., the Local
Government Code Enforcement Act, as amended.
Section 3. That additions or amendments to the Code, when passed in the form as
to indicate the intention of the City Council to make the same a part of the Code, shall be
deemed to be incorporated in the Code, so that reference to the Code includes the
additions or amendments.
Section 4. That Ordinances adopted after Apdl 1, 1997 that amend or refer to
ordinances that have been codified in the Code shall be construed as if they amend or refer
to like provisions of the Code.
,~ecflon 5. ,~everability. 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 6. ,~criveners Error. Any scriveners error in the Code hereby adopted
shall be hereafter subject to correction by the City Clerk and no person shall acquire any
rights thereunder.
~ection 7. Effective Date. This Ordinance shall be effective immediately after
adoption on second reading.
2
Ordinance No. 97-._
Page 3
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 Ken Cohen
Councilmember Harry Holzberg
Councilmember Jeffrey M. Perlow
Councilmember Patricia Rogers-Libert
Vice Mayor Jay R. Beskin
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 Ken Cohen
Counoilmember Harry Holzberg
Councilmember Jeffrey M. Perlow
Councilmember Patricia Rogers-Libert
Vice Mayor Jay R. Beskin
Mayor Arthur I. Snyder
PASSED AND ADOPTED on first reading this 16th day of December,
1997.
PASSED AND ADOPTED on second reading this 6th day of January, 1998.
ATTEST:
ARTHUR I. SNYDER, MAYOR
TERESA M SMITH, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
TO:
FROM:
DATE:
SUBJECT:
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
City Council (~
Eric M. Soroka, Ci~/~ ~or
JRaensUo~ ~rYt ~;i ;9al~ in~ SpeJElection
for Charter Amendments
January 6, 1998 City Council Meeting Agenda Item 9
Attached please find a Resolution calling a Special Election for March 10, 1998 relating
to the various charter amendments recently approved by the City Council for
consideration by the voters.
If you have any questions, please feel free to contact me.
EMS/tms
Attachment
CCO448-97
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AVENTURA, FLORIDA, CALLING A SPECIAL ELECTION
ON PROPOSED AMENDMENTS TO THE CITY CHARTER TO
BE HELD ON TUESDAY, MARCH 10, 1998; TO
CONSIDER PROVIDING FOR AMENDMENT OF THE CITY
CHARTER CONCERNING SECTION 2.02 "MAYOR AND
VICE MAYOR", TO PROVIDE FOR SEMI-ANNUAL
APPOINTMENT OF VICE MAYOR; SECTION 2.05
"VACANCIES"; FORFEITURE OF OFFICE; FILLING OF
VACANCIES" BY AMENDING SUBSECTION (C) "FILLING
OF VACANCIES," REVISING PROCEDURE FOR FILLING
VACANCY IN OFFICE OF MAYOR AND COUNCILMEMBERS,
REVISING PROVISION WHICH PROVIDED FOR VICE
MAYOR TO FILL VACANCY IN THE OFFICE OF MAYOR;
SECTION 3.05 "BOND OF CITY MANAGER," PROVIDING
THAT CITY COUNCIL MAY BY ORDINANCE REQUIRE
CITY MANAGER TO FURNISH A FIDELITY BOND;
SECTION 5.01 "ELECTIONS," REVISING DATE OF
ELECTION FOR MAYOR AND COUNCIL, DATE OF
COMMENCEMENT OF TERMS, EXTENDING CURRENT TEP, M
OF OFFICE; SECTION 8.07 "INITIAL ELECTION OF
COUNCIL AND MAYOR" TO CONFORM TO AMENDMENT OF
SECTION 5.01; SECTION 7.03 "CONFLICTS OF
INTEREST; ETHICAL STANDARDS," ENABLING CITY
COUNCIL TO ADOPT ADDITIONAL CODE OF ETHICS
REQUIREMENTS; AMENDING CHARTER BY CHANGING THE
DESIGNATION OF THE CITY "COUNCIL" TO THE CITY
"COMMISSION" AND SUBSTITUTING FOR THE TERM
"COUNCILMEMBER" THE DESIGNATION
"COMMISSIONER"; PROVIDING REQUISITE BALLOT
LANGUAGE; PROVIDING FOR TIMES AND PLACES OF
BALLOTING; PROVIDING FOR SEVEHABILITY;
PROVIDING FOR NOTICE; AND PROVIDING FOR AN
EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AVENTURA,
FLORIDA, AS FOLLOWS:
Section 1. A special election is hereby called for Tuesday,
March 10, 1998, to present to the electors of the City of Aventura
(the "City") the eight (8) ballot questions provided in Section 3
of this Resolution, pursuant to Ordinance No. 97-30.
Section 2. Balloting shall be conducted between the hours of
7:00 a.m. until 7:00 p.m. at polling places provided for City
elections. Ail qualified electors residing within the City shall
be entitled to vote, subject to the closing of voter registration
books as provided by law.
Section 3. Notice of said election shall be published by the
City Clerk in accordance with Section 100.342, Florida Statutes, in
a newspaper of general circulation within the City at least 30 days
prior to said election, the first publication to be in the fifth
week prior to the election, and the second publication to be in the
third week prior to the election, and shall be in substantially the
following form:
"NOTICE OF SPECIAL ELECTION
PUBLIC NOTICE IS HEREBY GIVEN THAT PURSUANT TO AN
ORDINANCE DULY ADOPTED BY THE CITY COUNCIL OF THE CITY OF
AVENTURA, FLORIDA, AN ELECTION HAS BEEN CALLED AND
ORDERED TO BE HELD WITHIN THE CITY OF AVENTURA ON
TUESDAY, MARCH 10, 1998, BETWEEN THE HOURS OF 7:00 A.M.
AND 7:00 P.M., AT WHICH TIME THE FOLLOWING CITY CHARTER
AMENDMENT PROPOSITIONS SHALL BE SUBMITTED TO THE
QUALIFIED ELECTORS OF THE CITY.
1. APPOINTMENT OF VICE MAYOR.
The City Charter currently provides for a Vice Mayor to be
appointed each year. It is proposed that the Charter be amended to
provide that the appointment of Vice Mayor shall be made two times
each year, at such times as provided by ordinance of the City.
Shall the above described amendment be adopted?
Yes [ ]
No [ ]
2. FILLING A VACANCY IN OFFICE OF MAYOR.
The City Charter currently provides that if the Mayor's position
becomes vacant, the Vice Mayor completes the Mayor's term. It is
proposed that the Charter be amended to provide that a Mayoral
vacancy shall be filled by the Vice-Mayor if no more than six
months remain on the unexpired term, otherwise by special election.
Shall the above described amendment be adopted?
Yes [ ]
No [ ]
3. FILLING A VACANCY IN OFFICE OF COUNCILMEMBER.
The City Charter provides that a vacancy in the office of
Councilmember is filled by the Council or by special election
depending upon the length of the unexpired term and the occurrence
of an election. It is proposed that vacancies for an unexpired
term of six months or less be filled by the Council and that other
vacancies be filled by special election.
Shall the above described amendment be adopted?
Yes [ ]
No [ ]
4. CITY MANAGER'S BOND.
The present City Charter provides that the City Manager shall
furnish a bond but does not specify the type of bond. It is
proposed that the Charter be amended to provide (1) that the City
Council may by ordinance require the City Manager to furnish a bond
and (2) if such bond is required that the form of bond is a
fidelity bond.
Shall the above described amendment be adopted?
Yes [ ]
No [ ]
5. REVISION OF GENERAL ELECTION DATE FOR MAYOR AND COUNCIL.
The City Charter currently provides that the date of the general
election for Mayor and Council shall be in October of each even
numbered year. It is proposed that the Charter be amended to
revise and extend the date of election to the first Tuesday in
March of each odd numbered year.
Shall the above described amendment be adopted?
Yes [ ]
No [ ]
6. REVISION OF COMMENCEMENT DATE OF TERMS OF MAYOR AND COUNCIL
The City Charter currently provides for the terms of office of
Mayor and Council to commence seven days after the regular or
special election. It is proposed that the Charter be amended to
provide for the term to commence as provided by ordinance of the
City.
Shall the above described amendment be adopted?
Yes [ ]
No [ ]
7. CODE OF ETHICS.
The City Charter currently provides for Councilmembers, officials
and employees of the City to be subject to standards of conduct
established by applicable laws. It is proposed that the Charter be
amended to provide authority for the Council to adopt additional
standards of conduct and code of ethics requirements.
Shall the above described amendment be adopted?
Yes [ ]
No [ ]
8. DESIGNATION OF GOVERNING BODY AND ITS MEMBERS.
The Charter currently designates the governing body of the City as
the Council and the members as Councilmembers. It is proposed that
the Charter be amended to designate the governing body as the
Commission and the members as Commissioners.
Shall the above described amendment be adopted?
Yes [ ]
No [ ]
Polling place information and the full text of the proposed City
Charter amendments are available at the office of the City Clerk
located at 2999 N.E. 191 Street, Suite 500, Aventura, Florida."
Section 4. Copies of this Resolution and the Ordinance
providing for the Charter amendments, subject to this referendum
approval, are on file in the office of the City Clerk of the City
of Aventura, located at 2999 N.E. 191 Street, Suite 500, Aventura,
Florida, 33180, and will be available for public inspection during
regular business hours.
Section 5. The City Clerk is authorized to utilize the
services of the Miami-Dade County Supervisor of Elections for any
assistance required in the administration of this election.
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
, and upon being put to a vote,
Councilmember Jeffrey M. Perlow __
Councilmember Ken Cohen __
Councilmember Harry Holzberg __
Councilmember Arthur Berger __
Councilmember Patricia Rogers-Libert __
Vice-Mayor Jay R. Beskin __
Mayor Arthur I. Snyder __
seconded by Councilmember
the vote was as follows:
PASSED AND ADOPTED this 6th day of January, 1998.
ATTEST
ARTHUR I. SNYDER, MAYOR
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
CITY ATTORNEY
328001\resolutions\elec-amen.cha
December 30, 1997 4:20pm
5
TO:
FROM:
DATE:
SUBJECT:
CITY OF AVENTURA
OFFICE OF THE CITY COUNCIL
MEMORANDUM
Eric M Soroka, City Manager
Ken Cohen, Councilmember
December 30, 1997
Leadership Florida
January 6, '1998 City Council Meeting Agenda Item 10
Attached please find correspondence from Leadership Florida advising of my selection
to participate in the Florida League of Cities Leadership Program. The goal of this
training program is to foster statewide leadership in all Florida communities.
The cost of the program is $975, as outlined in the attached information.
Please review this request with the members of the City Council. The deadline for
confirmation of my participation is January 5, 1998.
KC/tms
attachment
cc: City Council
LEADERSHIP
FLORIDA
Post Office Box 11309 · Tallahassee, Florida 32302-3309 · Telephone (904) 425-1200 Fax (904) 425-1260
December 5, 1997
Mr. Ken Cohen
Councilmember
City of Aventura
2999 NE 191st Street
Aventura, FL 33180
Dear Mr. Cohen:
Congratulations on being among the 40 top municipal leaders participating ~n The
Florida League of Cities Leadership Program. The opening retreat will be here before
you know it and I thought it would be helpful to share some of the policies of the
program with you and take care of a few administrative details. As class program
manager, I will be spending a lot of time with you and I wanted to introduce myself,
answer a few questions, go over some of the fine points and send you a couple of forms
to fax back.
We will be staying at the Bayfront Hilton Hotel in St. Petersburg for our opening retreat
which will begin on Thursday evening, February 12"" at 6:30 p.m. with a reception and
dinner in your honor. This first session will conclude at 5:00 p.m. on Saturday,
February 14% An agenda indicating meeting places, topics and bios on all speakers
and presenters will be mailed to you about 10 days prior to each session. Members of
Leadership Florida classes and of Leadership League will warn you that you should be
prepared for a rigorous schedule. We begin early, however, we build in ample breaks
throughout the day.
Leadership Florida has reserved a block of rooms at the hotel. It is your
responsibility to mail or fax back to us the enclosed form with your credit card #
in order that we may guarantee the hotel rooms at the negotiated rate. No
charges will be incurred on the credit card until your actual stay at the hotel
and/or the hotel charges may be paid with a check from your city. If you will also
fax us a tax-exempt form from your city, the hotel bill will be less those taxes.
Hotel rooms will be $100 per night including taxes. We are also including an
invoice for your program tuition which you may turn into your city for payment.
...developing among all Floridians a keen sense of common purpose and loyalty to our state
Mr. Ken Cohen
Page 2
December5,1997
Leadership Florida has modeled Leadership League after our very successful class
program. Some of the policies of the program are:
· No guests are permitted at any of the sessions. Meeting space, meal guarantees
and buses have all been booked according to class size.
· All comments at all Leadership Florida sessions are strictly "off the record",
exceeding even a policy of non-attribution. This encourages trust and candor
among participants as well as presenters.
, Please leave your cell phones in the room. Spend the brief and valuable time we
have together undivided. There is a phone bank right outside the meeting room and
we give you ample break times in which to make calls.
This letter and all future correspondence will be three-hole punched for the notebook
you will receive at the first session. Please bring your notebook and all program
materials with you to each class session. Remember, you will be receiving the
completed agenda, bios and background reading materials about 7-10 days prior to the
session. You will receive only one other item between now and then - a small
questionnaire for you to complete and return in the envelope we will provide. We
realize that you are all incredibly busy, but we've tried to send you only material that is
pertinent to what you will see and hear.
PLEASE fill out the enclosed forms and fax back to our office as soon as possible. If
you have any questions, I may be reached at 800-940-4879 (toll free) or locally 425-
1266.
Leadership Florida has produced an exciting program for The Florida League of Cities
and we are glad you share the enthusiasm for its potential. I hope you all have a
healthy and happy holiday season and I look forward to hearing from each of you.
Sincerely,
Gayle Webb
Program Manager
Enclosures
LEADERSHIP LEAGUE
III
Information sheet - Please fax back to 850-425-1260
Please provide the address and phone/fax where you can be reached most days.
Name (please print)
First name or name you prefer to be called
Address (street)
Address (city and zip)
Elected office (Mayor, Vice Mayor, City Council)
Daytime phone (area code first) FAX E-mail address
Credit Card Co. (AmEx, MC, VISA) Credit Card # Exp. Date
How long have you lived in Florida?
How long in public office?
What is the toughest issue your ~:ity faces at this time?
One thing you'd be willing to share about yourself that not too many people know:
Specific food allergies or special accommodations required?
LEADERSHIP ~.~
FLORIDA
INVOICE
Leadership Florida Statewide Community Foundation, Inc.
Date: December 5, 1997
The Honorable Ken Cohen
Councilmember
City of Aventura
2999 NE 191st Street
Aventura, FL 33180
The Florida League of Cities Leadership Program
St. Petersburg- February 12-14, 1998
Orlando - April 16-18, 1998
Tuition $975.00
Payment due date: January 5, 1998. Please make check
payable to Leadership Florida.
SPONSORSHIPS AND DUES PAYMENTS TO LEADERSHIP FLORIDA ARE NOT DEDUCTIBLE AS CHARITABLE CONTRISUTIONS FOR PEDERAL INCOME TAX.
HOWEVER, DUES PAYMENTS ARE DEDUCTIBLE BY MEMBERS AS AN ORDINARY AND NECESSARY BUSINESS EXPENSE,
Affiliated with the Florida Chamber of Commerce Foundation, Inc.
136 S. Bronough St. · RD. Box 11309 · Tallahassee, FL 32302-3309 · (904) 425-1252 · FAX (904) 425-1260
The Honorable Ken Cohen
Counciimember
City of Aventura
2999 NE 191st Street
Aventura, FL 33180
Leadership League ill Tuition
$975.00
Account #7140-R015
Please retum this pO~.iOn with remittance.
'~' i' ¢~
Affiliated with the Florida Chamber of Commerce Foundation, Inc.
CITY OF AVENTURA
Agenda Item:
199 t~genda of
Ordinance 96-09
Disclosure of Verbal Contact
Item No. '~//3 of ~,,,~. ~
body
Date of Verbal Communication:
Identity of Person or Entity Making Communication:
Subject and Substance of Communication:
Filed this
day of
Respectfully,
Council or Board
Communication:
Name
Signature
Member Receiving
~',¥.,..,,,~, , 19 ~.
Clerk / Secretary
CITY OF AVENTURA
Ordinance 96-09
Disclosure of Site Visit, Investigation, Expert Opinion
Agenda Item: Item No. ~ ~ of /
/ body
, 199~¢' agenda of
Date of Visit, Investigation or Receipt of Expert Opinion:
Nature of Contact: (check as applicable)
( I' Site Visit
( ) Investigation
( ) Expert Opinion
Substance of Contact:
Identity of Any Per?on Participating in Contact:
Filed this / day of
Respectfully,
Council or Board
Communication:
Name -"/ ' --
8~gnature ~,
, 197 ~. :':
Clerk / Secretaw
Member Receiving
CITY OF AVENTURA
~f Exce
Ordinance 96-09
Disclosure of Verbal Contact
Agenda Item: Item No. -¢ Z¢ of
199 ;¢ agenda of
body
Date of Verbal Communication: /'/z;/i ~
Identity of Person or Eptity Making Communication:
Subject and Substance of Communication:
Filed this / day of
Respectfully,
Council or Board Member
Communication:
Name
S~gnature,. /
Receiving
,19
Clerk / Secretary
CANAL
N.;'. lasts. STR~T :~, DUMFOUNDUNC BaY
CANAL
~ -~o-
= (-) 22' ~ 25'
~EC~ON A--A
PURPOSE: EXISTING BATHYMETRY COUNTY OF DADE STATE OF FLORIDA
DA~M: NG~ ROSEBUD R~L PROPER~ES, INC.
P~PARED BY: AJM C/O ~ANKLIN
EAS ENGINEERING, INC. ~ 777 BRICKE~ A~NUE
55 'A~ERIA-~NUE MIAMI,
CORAL GABLES. FLORIDA 5315~ SHE~¢SA DA~ 01/51,/9~
\PAVED ROADWAY EXIST. R/W LINE% I "----"'. I /
......... = ..... -1_ r-~ ~ ,.--~, ~ ~-~ .................... ~/' '~,~
~ j . [x,s,.~ I - I [
~ ~ ~J ~PROPOSED MANUFACTURING PLANT . ~~.~: ' I ' MANGROVE PLANTER
~ (LIME ROCK BOULDERS) (CONCRETE PANELS, CAP, AND WOOD DOCK)
//
WATERWAY (2) PROP.PILES ~
LEGEND j
SECTION - A ~x,s~. ~*o[ o
PURPOSE: SITE PLAN COUNTY OF DADE STATE 9F FLORIDA
DATUM:.NGVD ROSEBUD REAL PROPERTIES, INC.
PREPARED BY: Aj~ C/O LONE STAR INDUSTRIES, INC. REV. 4/3~5
EAS ENGINEERING, iNC. ~00 FIRST STAMFORD PLACE
55 ALMERIA AVENUE STAMFORD, CT. 06g02 REV. 3/g/95
CORAL GABLES, FLORIDA,33~34 SHEET~ 4 DATE 5-27-g4 REV. 01/18/g5
~o =6 ,o o ,6 ~o ~o ' 2o ~
D~STANCE ?RO~ EX~ST. ~H~ UNE (FEET)
SECTION ~ · -
O-- MLW EL. (-) 0.5
DISTANCE FRO~ EXIST. ~H~ UNE (FEET)
SEC~ON ~
PURPOSE: SECTIONS 1 A 2 COUNTY OF DADE STATE OF FLQRIDA
DAT0,M: NGVD ROSEBUD REAL PROPERTIES, INC. ~ ~_~_~
PREPARED BY:AJM ~ C/O LONE STAR INDUSTRIES, INC.
EAS ~NGINEERING, INC. 300 FIRST STAMFORD PLACE REV. 5/3/95
55 ALMERIA AVENUE STAMFORD, CT. 06902 REV. 3/9/95
CORAL GABLE~, F~OR~A 3313~ SHEET~ 5 DATE 5-27-94 REV. 01/18/95
MIAMI DALLY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Dada County, F~orida.
STATE OF FLORIDA
COUNTY OF DADE:
Before the undersigned authority personally appeared
Sookle WIItiams, who on oath says that she la the Vtoe
Preslderd of Legal Advertising of the Miami Dally Business
Review f/ida Miami Review, a dally (except Saturday, Sunday
and Legal Hatldays} newspaper, published at Miami in Dada
County, Florida; thai the attached copy of advertisement,
being a Legal Advertisement of Notice In the matter of
CITY OF AVENTURA
PUBLIC NOTICE OF PROPOSED
ORDINANCE - 1/6/98
the ........... ~.~ ..................... Court,
Affiant further says that the said Miami Dally Business
Re~lew Is a newspaper publlahsd at Miami In said Dada
County, Flodda, and that the said newspaper has heretofore
been continuously published In said Dada County, FIodde,
each day (except Saturday, Sunday and Legal Hatldays} and
office in Miami In said Dada County, Florida, for a period of
one year next precsdlng the first publication of the attached
copy ertlsemard; and affiant further says that she has
nel d nor promised any person, firm or corporation
an nt, rebate, commission or refund for the purpose
~day of ........... , A.D. 19 ......
SOokle WI ffiams per"°~;e'~ii;;~
NOTICE IS HEREBY
January, 1998. at a meetin
to be held at 6:00 p.m. in
· Aventura' Hospital and M
.Suite 101, Awantura, Flor~
~lee of Ihs fntlowing Ord~a
AN ORDIN~ICE OF
ADDPTiNG AND ENI
OF~ .'AVENTURA;
PROVISIONS; ADMI
AND BUILDING
REGULATIONS;
COMMUNICATIONS;
PLANNING AND
SIDEWALKS
FOR
MANNER
WHEN SUCH
OF AVE
DF I~IO~
:IVEN that ~
] of the City (
he Council N
,:lical Center
a, the City C
THE CITY O
;TING A CFI
PROVIDIN
ISTRATION;
REGUD
~iTURA
~ED ORDINANCE
~ Tuesday, the 6th day of
ouncil of the Cityof Aventura.
~eting Room at the Columbia
21110 Biscayne Boulevard.
~nsil will consider the adop-
seding, entitled:
AVENTU~, ~I_~RIDA
¥ CODE FOR THE CITY
~ FOR GENERAL
ANIMALS; BUILDINGS
TIONS; BUSINESS
PERMITS; CABLE
ENVIRONMENT;
STREETS.
: PLACES; PROVIDING
PROVIDING FOR THE
PROVIDING FOR
ORDINANCE SHALL
rice of the Street, Suite 500, Aventura.
gand be
heard with respect to Ihs
address the City Council ~ item et this Public Hoadng is asked to
register with the Cit oder to that ii, mn being heard.
In accordance with the~medcans with Disabilities Act of 1990. all
persons who are disabled and who se~d special accommodations to
pariicipeto in this proceeding because Of that disabiffiy 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 anydec, sds sion made by the City Councit
with respect to any matter co0sidered]at a meeting or hea~ing, that
person will need a record of the preeeCdings 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.
Dated December 19. 1997.
Terelsa M. Smith· CMC, City Clerk
' 12/19 97*B-121905M