05-19-1998 CC Meeting AgendaCity of Aventura
~ ofE~¢e
City Commission
Arthur L Snydcr, Mayor
Ken Cohen, Vice Mayor
Arthur Berger
Jay R. Beskin
Harry Holzberg
Jeffrey M. Perlow
Patricia Rogers-Libert
Ci~ Manager
Eric M. Soroka
Cit~ Clerk
Teresa M. Smith
CitF Attorney
Weiss Serota Helfman
Pastoriza & Guedes
AGENDA
Commission Meeting
May 19, 1998 - 6:00 P.M.
Aventxtra Medical Arts Building
21110 Biscayne Boulevard Suite 101
Aventura, Florida 33180
CALL TO ORDER~ROLL CALL
2. PLEDGE OF ALLEGIANCE
3. ZONING HEARINGS - SPECIALLY SET BY COMMISSION FOR 6 P.M.
QUASI-JUDICIAL PUBLIC HEARINGS - Please be advised that the following items on the
Commission's agenda are quasi-judicial in nature. If yon 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 Commission, and if you
wish to address the Cormmssion, you may be subject to cross-examination. If you refuse to submit
to cross-examination, the Comrmssion will not consider what you have said in its final
deliberations.
DISCLOSURE OF ANY EX-PARTE COMMUNICATIONS PURSUANT TO ORDINANCE 96-09
Ao
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA DENYING THE REQUEST FOR SIGNS TO BE
LOCATED ON PROPOSED CITY PROPERTY OR PROPOSED PUBLIC
RIGHT-OF-WAY (SIGN #1 AND SIGN #3); DENYING THE REQUEST
FOR TWO SIGNS (SIGN #12 AND SIGN #13) AFFIXED TO FENCE;
APPROVING THE REQUEST TO ALLOW SIGN #2 AS AN OFF-
May 19, 1998 Commission Meeting
PREMISE SIGN; APPROVING THE REQUEST TO ALLOW THE
EXISTING THIRTY-EIGHT (38) NAUTICAL FLAGS AT THE MARINA
TO REMAlN; APPROVING THE REQUEST FOR ONE (1) DEVELOPER
IDENTIFICATION SIGN (CONSTRUCTION SIGN) WHICH EXCEEDS
THE MAXIMUM SIZE ALLOWED; APPROVING THE REQUEST FOR
THE EXISTING TEN (10) TEMPORARY DEVELOPMENT
IDENTIFICATION AND/OR DIRECTIONAL SIGNS AS SHOWN ON
THE SITE PLAN; ALL WITH CONDITIONS FOR PROPERTY
LOCATED AT NE 190 STREET AND DUMFOUNDLING BAY, ALSO
KNOWN AS HIDDEN BAY; PROVIDING FOR AN EFFECTIVE DATE.
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, DENYING A SPECIAL EXCEPTION TO
SPACING AND DISTANCE REQUIREMENTS FOR THE SALE OF
ALCOHOLIC BEVERAGES; GRANTING UNUSUAL USE APPROVAL
TO PERMIT OUTDOOR PATIO AND TABLE SERVICE IN
CONNECTION WITH A RESTAURANT, TO COCO'S OF AVENTURA,
INC., LOCATED AT 19501 BISCAYNE BOULEVARD; PROVIDING FOR
AN EFFECTIVE DATE.
4. APPROVAL OF MINUTES:
Commission Meeting
May 5, 1998
$. AGENDA: Request for Deletions/Emergency Additions
6. SPECIAL PRESENTATIONS: None
7. CONSENTAGENDA:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
AMENDING SECTION 2-348 OF THE CITY CODE ENTITLED
"SCHEDULE OF CIV1L PENALTIES" TO UPDATE THE CIVIL
PENALTIES SCHEDULE FOR CODE VIOLATIONS; PROVIDING FOR
CONFLICTS, PROVIDING FOR SEVERABILITY, AND PROVIDING AN
EFFECTIVE DATE.
(Amends Code to provide specific penalties for violations)
Bo
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATTACHED AGREEMENT FOR WATER AND
SANITARY SEWER FACILITIES WITH MIAMI-DADE COUNTY IN
THE AMOUNT OF $53,820.09; AUTHORIZING THE CITY MANAGER
TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF
THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
May 19, 1998 Commission Meeting
(Authorizes execution of agreement to provide water and sewer service to
Founders Park)
Ce
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATTACHED TRAFFIC CONTROL JURISDICTION
AGREEMENT BETWEEN DELVISTA TOWERS CONDOMINIUM
ASSOCIATION, INC. AND THE CITY OF AVENTURA; AUTHORIZING
THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY
OUT THE AlMS OF THIS RESOLUTION; AND PROVIDING AN
EFFECTIVE DATE.
(Provides traffic comrol jurisdiction by the Police Department over private roads
within Delvista Towers Condominium)
8. PUBLIC HEARING: ORDINANCES - SECOND READING:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 97-25, WHICH
ORDINANCE ADOPTED A BUDGET FOR THE 1997/98 FISCAL YEAR
BY REVISING THE 1997/98 FISCAL YEAR OPERATING AND CAPITAL
BUDGET AS OUTLINED IN EXHIBIT "A" ATTACHED HERETO;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS ORDINANCE;
PROVIDING FOR AN EFFECTIVE DATE.
AN ORDINANCE OF THE CITY OF AVENTURA, FLOR1DA,
AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED
CABLE FRANCHISE AGREEMENT BY AND BETWEEN THE CITY
AND NARRAGANSETT SOUTH FLORIDA CATV LIMITED
PARTNERSHIP (CABLEVISION COMMUNICATIONS) AUTHORIZING
THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY
OUT THE AIMS OF THIS ORDINANCE; AND PROVIDING AN
EFFECTIVE DATE.
9. OTHER BUSINESS: None
~l 0. REPORTS
PUBLIC COMMENTS
ADJOURNMENT
May 19, 1998 Commission Meeting
SCHEDULE OF FUTURE MEETINGS/EVENTS:
COMMISSION WORKSHOP*
COMMISSION MEETING
COMMISSION WORKSHOP*
MAY 28,1998
JUNE9,1998
JUNE29, 1998
9AM
6 PM
9AM
*Government Center 2999 NE 191st Street Suite 500
4
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO:
FROM:
BY:
DATE:
SUBJECT:
City CommissiOrcit~alr
Eric M. Soroka,
Brenda Kelley, Int~rk~munity
May 11, 1998
Development Direct~
Request of Hidden Bay Associates for a Sign Variance to permit the
erection of temporary signage.
(04-SV-98)
May 19, 1998 City Commission Meeting Agenda Item
RECOMMENDATION
It is recommended that the City Commission take the following actions with conditions
as outlined herein:
1) Deny the request for signs to be located on proposed City property or proposed
public right-of-way (Sign #1 and Sign #3), on the basis that it does not meet the
criteria for the granting of variances found in the City's Sign Ordinance;
2) Deny the request for two (2) signs (Sign #12 and Sign #13) affixed to fence on the
basis that it does not meet the criteria for the granting of variances found in the
City's Sign Ordinance;
3) As exception to Item 1 above, approve the request to allow Sign #2 as an off-
premise sign which shall be allowed to remain only until December 31, 1999;
4) Approve the request to allow the existing thirty-eight (38) nautical flags at the
marina to remain;
5) Approve the request for one (1) developer identification sign (construction sign)
which exceeds the maximum size allowed;
6) Approve the request for the existing ten (10) temporary development identification
and/or directional signs as requested with this application, to remain as shown on
the proposed Site Plan.
THE REQUEST
The applicant, Hidden Bay Associates is requesting a sign variance to permit the
erection of the following:
1) Miscellaneous flags/banners;
2) One (1) developer identification (construction) sign which exceeds the
maximum allowed height and size;
3) Miscellaneous temporary development identification and/or directional
signs
BACKGROUND
OWNER OF PROPERTY
Hidden Bay Associates
ADDRESS OF PROPERTY
3370 NE 190 Street
SIZE OF PROPERTY
Approximately 24 acres
LEGAL DESCRIPTION
Tracts L, M, Q, and R of Marina Del Rey
Revised, according to the plat thereof, as
recorded in Plat Book 144 at Page 89 of the
Public Records of Dade County, Florida. (More
specifically described in attached Exhibits "A")
Zoning -
Subject Property:
Property to the North:
Property to the South:
Property to the East:
Property to the West:
RU-4, High Density Apartment House District
RU-4A, Hotel Apartment House District
IU-1, Industrial, Light Manufacturing District
(Dumfoundling Bay)
RU-4, High Density Apartment House District
and RU-4M, Modified Apartment House District
Existing Land Use-
Subject Property:
Property to the North:
Property to the South:
Property to the East:
Property to the West:
construction trailers and sales office for multi-
family residential development
multi-family residential
industrial uses and vacant land
(Dumfoundling Bay)
multi-family residential and proposed park
Future Land Use - According to the Adopted 2000 and 2010 Land Use Plan for Metro-
Dade County, Florida, the following properties are currently designated as follows:
Subject Property:
Property to the North:
Property to the South:
Property to the East:
Property to the West:
Medium-High Density Residential
Medium-High Density Residential
Industrial
(Dumfoundling Bay)
Industrial
The Site - The subject site is located at the east end of NE 190 Street adjacent to
Dumfoundling Bay. (See Exhibit #2 for Location Map).
Project- Hidden Bay is a proposed 776 unit multi-family residential condominium
development. Construction began on the most easterly 32-story building in October
1998. Anticipated completion of Phase I of the development is September 1999.
ANALYSIS
Consistency with Comprehensive Master Plan - The request is not inconsistent
with the Dade County Comprehensive Development Master Plan.
Community Development Department Analysis -
The applicant is requesting sign variances to permit the erection of sufficient temporary
signage during the construction phase of the development to enable those travelling to
the site to locate the property efficiently and safely.
Hidden Bay is permitted the following under residential district guidelines according to
the City's Sign Ordinance (No. 97-17):
Type of Temporary Sign Size Quantity
Grand Opening Banner- allowed for 14 30 sq. ft.; 1 per project;
consecutive days after issuance of initial 4' height frequency - 1 per
occupational license year
Real Estate Signs - shall be removed 40 sq. in.; 1 per lot; corner
within 10 days after closing 4' height lots may have 2
Construction Sign - permitted for a 12 32 sq. ft; 1 per lot
month period from date of building 4' height
permit issuance (10/28/97) or until
construction completed
Model Sign - permitted until certificate 4 sq. ft.; 1 per model unit
of occupancy is issued for last (house)4' height lot and 1 per
in development office lot
3
Model Arrow Signs- permitted until 2 sq. ft. 3 per
certificate of occupancy is issued for last development
(house) in development
Real Estate Open House Sign - 6 sq. ft.; 1 per property;
permitted Saturdays and Sundays 10:00 6' height 2 per property
am to 4:00 pm. Must be removed same when more than 1
day. unit is for sale
Flags/Banners - not permitted (as
attention getting devices)
Flags (Permanent)
Flags - flagpole not to exceed a heightFlag size not to1 per lot
of 35' exceed 40 sq.
ft.
Residential District Signs SIZE QUANTITY
(Permanent)
Monument Sign 32 sq. ft.; 1 Monument Sign
8' height
Directional Sign 4 sq. ft.; To be approved
3' height as part of site
plan or separate
permits required
The applicant has neither applied for nor received permits, from the City or County, for
any signs, flags or banners on their property. Furthermore, Hidden Bay has been
issued a notice of violation and a courtesy letter from the City's Code Enforcement with
little or no action taken on either citation.
The site plan submitted shows approximate locations of existing signs and nautical
flags as being requested to be allowed to remain.
The applicant is requesting the following:
1) Thirty-eight (38) nautical flags. The applicant is requesting that
approval be granted allowing these existing nautical flags to remain.
The nautical flags surrounding the marina are approximately 3'x3' (9 sq.
ft.) in size and approximately 12' in height.
2) One (1) developer identification (construction) sign (See photo #5)
which exceeds the maximum allowed height for a "Construction
Si.qn". Hidden Bay has relocated this existing sign from the proposed
City park property to the new location as shown on the Site Plan,
3)
Fifteen (15) temporary development identification and/or directional
si.qns (See photos #1 through #4, and #6 through #16). In addition to
these fifteen (15) temporary development identification and/or directional
signs requested with this application, there are approximately eight (8)
other signs not addressed within this application. These include, but are
not limited to, one (1) Hidden Bay "arroW' sign; six (6) Information Center
signs (white on blue signs); and one (1) Sales Center Parking sign. It is
recommended that these additional existing signs, not requested with this
application, not be allowed to remain and be removed immediately.
Criteria
The criteria for approval of sign variances as required by the City Sign Ordinance (No.
97-17) require:
The sign variance maintains the basic intent and purpose of the regulations,
particularly as it affects the stability and appearance of the City and provided that
the Variance will be otherwise compatible with the surrounding land uses and
would not be detrimental to the community. No showing of unnecessary
hardship is required.
The requested sign variance for off-premise development identification and/or
directional signs (Sign #1 and Sign #3) located on (proposed) public property does not
maintain the basic intent and purpose of the regulations. Off-premise signs adversely
affect the appearance of the community and are inconsistent with the intent of the
ordinance to reduce visual pollution. Furthermore, off-premise signs contribute to
visual distraction and hinder traffic safety. However, it is recommended that Sign #2
(an off-premise sign) be allowed to remain because Hidden Bay is situated in a remote
location and this sign may help customers unfamiliar with the area to know that they are
traveling in the correct direction and help to alleviate possible driver confusion.
The proposed two (2) signs affixed to fence (Sign #12 and Sign #13) can be construed
as visual pollution. Therefore, these signs do not maintain the basic intent and
purpose of the regulations.
The purpose of the requested flags at the marina does not maintain the basic intent
and purpose of the Sign code regulations since they are used as an attention-getting
device. However, they are not detrimental to the community because they are not
visible to the general public.
The purpose of the requested developer identification sign (construction sign) which
exceeds the maximum size allowed does not provide a detriment to the community
since it is not visible to the general public.
5
The purpose of the requested development identification and/or directional signs
throughout the development is to direct traffic to the sales center. Although this
signage does not maintain the basic intent and purpose of the regulations, it is not
detrimental to the community because it is not visible to the general public, and serves
as directional assistance to prospective buyers of this remotely located development.
Citizen Comments
The Community Development Department has not received any written citizen
comments.
RECOMMENDATION
It is recommended that the City Commission take the following actions with conditions
as outlined herein:
1) Deny the request for signs to be located on proposed City property or proposed
public right-of-way (Sign #1 and Sign #3), on the basis that it does not meet the
criteria for the granting of variances found in the City's Sign Ordinance;
2) Deny the request for two (2) signs (Sign #12 and Sign #13) affixed to fence on the
basis that it does not meet the criteria for the granting of variances found in the
City's Sign Ordinance;
3) As exception to Item 1 above, approve the request to allow Sign #2 as an off-
premise sign which shall be allowed to remain only until December 31, 1999;
4) Approve the request to allow the existing thirty-eight (38) nautical flags at the
marina to remain;
5) Approve the request for one (1) developer identification sign (construction sign)
which exceeds the maximum size allowed;
6) Approve the request for the existing ten (10) temporary development identification
and/or directional signs as requested with this application, to remain as shown on
the proposed Site Plan.
CONDITIONS
1. All signs shall be installed in the same locations as shown on the Site Plan
submitted with this application.
2. All signage shall be located a minimum distance of six (6) feet from the edge of
pavement.
3. If signage is approved, permits shall be required for all signs that must be
relocated to a minimum of six (6) feet from edge of pavement, signs relocated
since the date of receipt of this variance application (2/27/98) or signs not yet
installed as of the date of receipt of this variance application (2/27/98).
4. Applicant shall obtain building permits (for signage) within 12 months of the date
of this Resolution or the approval granted shall be deemed null and void and the
applicant shall be required to reinstate the public hearing approval process
unless the term is extended by a motion of the City Commission prior to its
expiration.
5. That any existing flags/banner, excepting those thirty-eight (38) nautical flags at
the marina, be removed immediately.
6. That no additional flags/banners shall be installed or erected at any time.
7. That all additional temporary development identification and/or directional signs,
located on the property and not approved with this application, be removed
immediately.
8. That no signage, whether temporary or permanent, excepting those that may be
approved with this application, be located on public property (or proposed public
property) and any signage presently located on public property (or proposed
public property) be removed immediately.
9. All signage and nautical flags, if approved, shall be removed no later than
December 31, 1999.
10. The outstanding Code Enforcement Fine for $100.00 shall be paid prior to
issuance of any building permits for signage.
7
[flflUfll6
May 5, 1998
BY HAND DELIYER¥
Ms. Brenda Kelley
Cmmnunky Dovdopmem Dapanmem
City of Aventura
2099 N.E. lOl~ Street, Suits 500
AventUra, lqorida 33180
l~tter of Intent lbr llidden Bay Associates / Approximately N.E. 190~' Street
Dundbundling Bay, Aventura, Florida / Requn~ tbr Sign Variance
Dear Ms. goll~y:
This ~onstitutea the letter of intent of lliddea Bay Asso~iatas (the "Applicant") in
its application mqu~in$ a variance to po~it the or~ction of appro~mato~
a~o~n8 ~ Mafias and lb t~mpora~ d~lopm~t id~tifi~ation ~gns. ~o ~bjoct prepay
is located at approxh~tely N.E. 190'~' Str~ and [~mfo~dlln8 Bay, Aventma. Vim'ids
more particularly described in the attached E~it "A."
Tho sabj0~t property ~:onsists of approximately 24 acres. 'll~a is prol)any is z~mud RU~4
(High l)~n~y Apanmom House District) and ia designated as Medium High Residential
according to the Adopt~12000 sod 2010 land Uae Plan tbr Miami-Dada County,
As indicated in the zoning history submitted with ~hia application, in 19~1, the Board of
Comity Cmnndsaiooers of Melropolltan I)adc County (tho "Board of County Cmmnissionora')
adopted goaoluliun Z-15-01, whit:ii sarong other things rozoaed the subjac~ property fi'om IU-1
(Light industry) and {;ti (lm~rim) to RU-4, and tlod the development of the property to
previously submitted site plans, In 1002 tile Board of County Cmtmgssioners adoptM Resolution
Z-110-92, which approved (among other things) laodifications to the p~ovionaly approved site
plans.
Modified site plans wore latin' submittad to tho City of Avtam~a Communily Dewlopmom
D~pantnumt ~br its review undar application fi, Substantial Compliance Determination No.
SCD-97. On ¢~tobor ]5. 1997, these site plans, galling tbr the davelopm~t n£tho prop~:rty witli
77~ raaidenlial units and ~lated a~,'ossory s~m~tures mid uses, wore deemed to be in substantial
complianoa with rile previously approved plans. A copy of the City's Subslantial Compliaqce
Detemfiaathm ia attached tn thin letter ol'iutonL The City has also issued a ~bnudation permil tbr
the commeaceumnt ofconstrm:tion on the sits. s copy of which ia also attaohod.
EXHIBIT #1
Ma. Brenda Kelley
Page 2
The Appllcam is now proc~edinl~ to d~lop tho p.~e~y in seem'dane0 ~lh the modified
silo p~s approved by tho City, As pan of tho developm~t process, te~)ora~ ~les and
con~ctim~ lrail~', have b~ placed on the subjo~ pmpo~y; howler, apart from the~ trailor~
tho propo~y rvnmins sub~entially ~in~rov~ and vacaot.
'll~e applicant is requoatilIB variances to the recently-adopted dgn or~n~oe to postal th~
erection of 3~ ton~ora,~ benaer/fla~ d~s, nnd 16 t~or~ d~ve~pm~t id~,tification d~.
Aa do~dbod above, ~o i)ropo~y i~ in ~o process of being d~elopod ~ n multi-faxni~
rosid~fial 9rojocL As pan et' tbs developer pro~ ~e npplio~t hn~ already ooom~aced
con.motion activities on the ~to, ~d is r~dv~g pm~tinl n~ reddmta ~at sro intero~ in
pos~bly pmoha~g imit~ in ~o new d~elopment.
Beoaus~ of tho onaoiag development, construction, and sale of tho now residential projecL
~e ptope~ is and ~H bo ~tod by numerous pot~thl purcha~rs of t~ts, do~orins of
con~tmotion a~pplio~ conmucHon per~nno~ and o~ ~t~o~od Pe~ios. Many of these p~r~as
nr~ ~n~ar ~ ~e proj~ ~te and I~afion, or inde~ ~th ~e Aventura ar~ as a w~olo.
Becau~ ~s is a now devolopt~t, th~ prope~y is inrgdy vao~t, ~out any ~ti~ug signs or
s~mbnuren that would ~able persons interested in vi~8 the die to locale tho property. Indeed,
as a t~or~ ~ure, the ~plioant's ~]ea trail~ does not ~ have a per~n~t address to
a~lg potent~l new realdata and other persons to locate ~ prope~y. Fhxa~, this ~luation is
e~c~atM by ~e entenaN~ construction proj~ls al~8 Biga~o Blvd, Av~tun B~d and o~r
thorou~res ~ th~ dry. The~ roadway con~mction proj~ta al~ ~t~ffere ~th th~ ab~ity
of~to~ to Iovat~ the property, sod incr~ th~ n~M for ad~q~mt~ ~lago to ~li~ ~e ~.
Accordingly, the applicant ia reque~tin8 these variances to permit the er0ction of ~ul§cienl
temporary aignage durin8 the constmctinn phase of tho development to enable those travelling to
the site to locate the property efl~demly and ~afely. The appli~nt t~ not requesting that these
~dgna be approved on a permanent baals, but rather mdy to assist the ktentificatlou of the property
dttriaB tho con~tmotim~ phase. Because the property ia predominantly vacant, in thc absence of
such signage it baa boml ex¢optionaUy difficult tbr prospective residents, con.motion and-delivery
por~oanol, and other viailora to ide~lti~ and roach the properly. Permitting the requested
variances wmdd ~erve tho public be~lefil by enabling both current and future residents to aatbly
and quickly reach their destination at Ihs property, aa well as by in,previa8 the abilily of the
o~matmction personnel to deliver their materials more efficiently,
Usam on tile foreaoina, we respe~t£dly request yom' favorable condderation of this
application.
BROWARD COUNT~
DADE COUNTY
tWAYS E
YACHT CLUB DR
~7 CIRCLE
Shoppes 207 ST. ~)
Promenade
Shops
.)03 ST
201 TER.
AVENTURA
Mail
192 ST,
191 ST.
t of Aventura
190 ST,
188 ST.
EXHIBIT #2
LEGEND
Roadways
ZIP Code Boundar
Rai~roa~
LEGAL DESCR~T~ON
Phage I Proper~
Ail of Tract L and that portion of Tract R of the Plat of MARINA DEL REY REVISED,
according to the plat thereof as recorded in Plat Book 144 at Page 89 of the Public Records
of Dade County, Florida, all being more particularly descried as follows:
Begin at the northeast comer of said Tract L; the following three (3) course~ being along
the exterior line of said Tract R; (1) thenc~ N 04°01'24" E for 28.00 feet; (2) thence
N 4~41'37"W for 100.00 feet; (3) thence S 87~5'46"W for 563.78 feet; thence
$ 02~24'14' E along the northerly ext~asion of ~nd the westerly line of said Tract L for
14Z72 feet; thence S 22°29'53· E along the westerly line of said Tract L for 27,25 feet;
thence S 67°30'5ff' W for 176.19 feet; thence $ 22030'06" E for 47221 fe~t to the south l~n~.
of smd Tract R; thence N fl7~30'00' l~ along the south line of said Tract R and Tract L f0~
561.00 feeg ~hence N 04001'2~, E along the east line of said Tract L for 576.T1 feet to the
POINT OF BEGINNING.
end
Easements for ingress nad egress over, ur_der and upon Ingress-Egress F. asement No. 1 in
favor of Tract L, In~ess-F-greas Easement No, 2 in favor of Tract L and In.ess-Egress
Easement No. 1, and In.ess-Egress Basement No. 3 in favor of Tracts L and R and In.ess-
Egrets Easement Nos. 1 and 2. all as set forth on the Plat' of MARINA DBL REY
REVISED, according to the Plat thereo~ as recorded in Plat Book 144 at Page 89 of the
Public Records o£Dade County, Florida.
(together, ~,..~er, under a,~ upon. ~e 'Recreation Area' and the 'Rn_W'a~ Road'
~asement Parcel') arising out of that c~rmi. Reciprocal Easement
Agreement (the "Easement Agreemenff) dated as of October 29, 1997 by and between
oHi~'d~dc.~n Bay Asso~ates and Hidden Bay Assodatei II, and recorded under Clerk's File No.
"/~ 0 in the Public Records of Dade County, Florida, lining more particularly
LEOAL DESCRIPTION: "RECREATION AREA- F.~BNIF_.NT
A portion of Tract R a~4 Tra~ M of the plat of 'MARINA DEL REY REVISED",
a~ordi~g to the plat thereof as recorded in Plat Book 144 at Page 89 of the Publio Record~
of Dade COunty, P-10rida, all being more pm-ti~mlarly described as follows:
Page 1 of 2
Commence at the Northwest corner of Tract L of said pl~ of "MARn~A DEL KEY
REVISED"; thence S 02°24'14" E along the Westerly llne of said Tract L for 69,13 feet to
the POINT OF BEGINNIN(3 of the hereinafter described parcel of laud; thence continue
S 02°24'14" E along the previously descn"oed line for 58.59 feet; thence S 22~29'53- E along
said Westerly line of Tract L for 27.25 feet; thence $ 6T30'5§" W for 353.99 feet; thenc,~
N 22029'$3" W for 36.22 feet; thence S 87~0'00' W for 33.18 feet; thence lq 26029'33.' W
~r 23.31 feet to a point of curvature; thence Northeasterly along a 75.00 foot radius leading
the right through a central angle of 56°42'$4" for an arc of 74.24 feet to a point of
reverse curvature; thence Northerly along a 50.00 foot radius curve leading to the lea
through a central angle of 32'$2'10" for an arc of 28.68 feet to a point of tsngency; thence
N 02~38'49- W for 25.00 feet to a point of curvature; thence' Northerly and Easterly along
a 24.:33 foot radius le~dlng m the right through a central angle of 97~47'25" for an arc of
41.53 feet to a point of tangeucy; thence $ 84°51'24. E for 52.51 feet to a point of curvature;
thence Easterly along a 381.33 foot radim curve leading to the lea through a c~ntral angle
of 27019'29" for an arc of 181.86 feet to a point of reverse curvature; thence Easlerly along
a 127.67 foot radius cu~e leading to the right through a central angle of 49~29'00. for an
arc of 110.26 feet to the POINT OF BEGINNING.
AND
LEGAL DP-,SCRIFrION: 'ENTRAN'GE ROAD" EASEMENT
A port/on of Tract R and Tract M of the plat of 'MARINA DEL RRY REVISED",
according to the plat thereof as recorded in Plat Book 144 at Page 89 of the Public Records
of Dad¢ CountT, Florida, all being more particularly described as follows:
Begin at the most Westerly $ot~thwest comer of said Tract R; the following three (3)
courses being along the exterior boundary liae of said Tract R, (I) thence N 02"24'12' W
for 72.00 feet; (2) thence N g7~35'48" E for 150.00 feet (3) thence N 02°24'14" W for 238.94
feet; thence N 87°35'40~ I~ along a line parallel ~-_d 15.00 feet South of the North line of
said Tract R for 678.16 feet to the Northw~t comer of Tract L of said plat of "MARINA
DEL RI~Y P~VL~. _n~?~_; !hence S 02024'14' E along the Westerly line of said Tract L for
85.58 feet to a point on a circular curve concave to the South and w~ose radius point bears
S 31'24'$~ W; thence Northwesterly and Southw~terly along a 11t.67 foot radius curve
le~ai_-g to tho left throngh a central angle of $3°35'50 for an arc of 10633 feet to a point
of reverse curvature; thence Southwesterly and Nordm~terly along a 395.33 foot radius
curve leading to the rlght through a central angle of 23°39'25' for an arc of 163~3 feet to
a pohlt of t~ngency; thence N 88°31,28. W for 130.01 fe~t; thence $ 87o35,46'. W for 57.55
feet to a point of curvature; thom:~ Southwesterly ~ Southerly along a 90,00 foot radius
curve leading to the le~ through 'a c~mral angle of 97019'$0" for an arc of/52.89 feet to
a point of reverse curvature; thence Southwesterly along a 131,52 foot radius curve loading
to the right through a central angle of $6°$8'08. for an arc of 130.77 feet; thence
S 02030'00" E for 18.30 feet; thence S 87°30'00~ W for 94.14 feet to a point on the West
line of said Tract M; thence N 02°24'14. W along said West line for 12.67 feet; thence
S 87035,48" W along the South llne of said T~act R for 150.00 feet to the POINT OF
BEGII~/I~G.
Page 2 of 2
EXHIBIT
lEGAl. DESCRIPTION
All of Tract M and that portion of Tract R of the Plat of MARINA DEL REY REVISED,
according to the plat thereof as recorded in Plat Book 144 at Page 89 of the Public Recorch
of Dade County, Florida, all being more particularly described as follows:
Commence at the Northeast-comer of Said Tract R, said Northeast comer also being the
Eas~ I/4 comer of Se, ct/on 3, Towmh/p 52 South, Range 42 East; thence S 87035'46" W
aion~, thc North line of said Tract R for 563.78 feet to the POII~/T OF BE(31NNING of the
ahner~e.i,n-~-tter described parcel of land; thence S 02~24'14" E ,
~ me westcrl line o ' · . along the northerl e
Y f Tract L of a ..~o _~,~ ..... . Y x~e.,o,on of
sm,, ~,,,~ ox--eaanna Del Rey Revised" for 142 72 feet;
thence S 22~29'$3, E along the westerly line of said Tract L for 27.25 foetl thence
$ 67030'$6" W for
176.19 feetl thence
$ 22030'06" E for 47221 fee£ to the south line of said
Tract R; thence S g7~0'00" W along the south line of said Tract R and 2¥act M for 217.00
feet; the following three (3) courses bdrig along the Southerly and Westerly linc of said
Tract M; 1) thenee S 49°46'2T, W for 102.14 feet; 2) thence S 87'30'00" W for 386.64 feet;
3) thence N 0Z24'14" W for 409.97 feet; the following
eacter/or boundav/line of saia -v .... . ... 6vg (S) coIarses being alol~4g the
.... ,,..~o feet; 3) thence N 87~$',ta, r~ ~,, ~.w feet; g) thence
N 02°24,14, W for 25~.94 feet; 5) .....r ~.~v.v~ feet: 4) thence
BEGINNIHG. thence N 87o35'46" E for 678.16 to the POINT OF
and
tL~ements for tngres~ pad egress over, under and upon Ingress-l~gro,ss Easement No. 2 in
favor of Tract M and Ingress-Egress Easement No. 1, and Ingress-tigress Easement No. 3
/n favor of Tract~ M and R and Ingress-P_.gre~s Easement Nos. 1 and 2, all as ~t forth on
the Plat of MARINA D~.L RI~Y REVISED, according to the plat thereof as recorded/n
Plat Book 144 at Page 89 of the Publ/c Records of Dade County, Florida.
RESOLUTION NO.
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA DENYING THE REQUEST
FOR SIGNS TO BE LOCATED ON PROPOSED CITY
PROPERTY OR PROPOSED PUBLIC RIGHT-OF-WAY
(SIGN #1 AND SIGN #3); DENYING THE REQUEST FOR
TWO SIGNS (SIGN #12 AND SIGN #13) AFFIXED TO
FENCE; APPROVING THE REQUEST TO ALLOW SIGN
#2 AS AN OFF-PREMISE SIGN; APPROVING THE
REQUEST TO ALLOW THE EXISTING THIRTY-EIGHT
(38) NAUTICAL FLAGS AT THE MARINA TO REMAIN;
APPROVING THE REQUEST FOR ONE (1) DEVELOPER
IDENTIFICATION SIGN (CONSTRUCTION SIGN) WHICH
EXCEEDS THE MAXIMUM SIZE ALLOWED; APPROVING
THE REQUEST FOR THE EXISTING TEN (10)
TEMPORARY DEVELOPMENT IDENTIFICATION AND/OR
DIRECTIONAL SIGNS AS SHOWN ON THE SITE PLAN;
ALL WITH CONDITIONS FOR PROPERTY LOCATED AT
NE 190 STREET AND DUMFOUNDLING BAY, ALSO
KNOWN AS HIDDEN BAY; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the property described
Commission of the City of Aventura; and
WHEREAS, the property described
Apartment House District; and
herein is now governed by the City
herein is zoned RU-4, High Density
WHEREAS, the applicant, through Application No. 04-SV-98, has requested a
sign variance to permit the erection of the following temporary signs: 1) Miscellaneous
flags/banners; 2) One developer identification (construction) sign which exceeds the
maximum allowed height and size; and 3) Miscellaneous temporary development
identification and/or directional signs; all on that certain property located at NE 190
Resolution No.
Page 2
Street and Dumfoundling Bay, a.k.a. Hidden Bay, in Aventura, Florida and legally
described on Exhibits "A" attached hereto; and
WHEREAS, following proper notice, the City Commission has held a public
hearing as provided by law; and
WHEREAS, the City Commission finds that the Application meets the criteria of
the applicable codes and ordinances, only to the extent the Application is granted
herein.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. Application No. 04-SV-98 for Sign Variance on property legally
described as:
See attached Exhibits "A'
aka
Hidden Bay
NE 190 Street and Dumfoundling Bay
is hereby acted upon, with conditions, as follows:
1) Deny the request for signs to be located on proposed City property or proposed
public right-of-way (Sign #1 and Sign #3), on the basis that it does not meet the
criteria for the granting of variances found in the City's Sign Ordinance;
2) Deny the request for two (2) signs (Sign #12 and Sign #13) affixed to fence on the
basis that it does not meet the criteria for the granting of variances found in the
City's Sign Ordinance;
Resolution No.
Page 3
3) As exception to Item 1 above, approve the request to allow Sign #2 as an off-
premise sign which shall be allowed to remain only until December 31, 1999;
4) Approve the request to allow the existing thirty-eight (38) nautical flags at the
marina to remain;
5) Approve the request for one (1) developer identification sign (construction sign)
which exceeds the maximum size allowed;
6) Approve the request for the existing ten (10) temporary development identification
and/or directional signs as requested with this application, to remain as shown on
the proposed Site Plan.
CONDITIONS
1. All signs shall be installed in the same locations as shown on the Site Plan
submitted with this application.
2. All signage shall be located a minimum distance of six (6) feet from the edge of
pavement.
3. If signage is approved, permits shall be required for all signs that must be
relocated to a minimum of six (6) feet from edge of pavement, signs relocated
since the date of receipt of this variance application (2/27/98), or signs not yet
installed as of the date of receipt of this variance application (2/27/98).
4. Applicant shall obtain building permits (for signage) within 12 months of the date
of this Resolution or the approval granted shall be deemed null and void and the
applicant shall be required to reinstate the public hearing approval process
Resolution No.
Page 4
unless the term is extended by a motion of the City Commission prior to its
expiration.
5. That any existing flags/banner, excepting those thirty-eight (38) nautical flags at
the marina, be removed immediately.
6. That no additional fiags/banners shall be installed or erected at any time.
7. That all additional temporary development identification and/or directional signs,
located on the property and not approved with this application, be removed
immediately.
8. That no signage, whether temporary or permanent, excepting those that may be
approved with this application, be located on public property (or proposed public
property) and any signage presently located on public property (or proposed
public property) be removed immediately.
9. All signage and nautical flags, if approved, shall be removed no later than
December 31, 1999.
10.The outstanding Code Enforcement Fine for $100.00 shall be paid prior to
issuance of any building permits for signage.
Section2. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner
moved its adoption. The motion was seconded by Commissioner
and upon being put to a vote, the vote was as follows:
., who
Resolution No.
Page 5
Commissioner Arthur Berger
Commissioner Jay R. Beskin
Commissioner Harry Holzberg
Commissioner Jeffrey M. Perlow
Commissioner Patricia Rogers-Libert
Vice Mayor Ken Cohen
Mayor Arthur I. Snyder
PASSED AND ADOPTED this 19t' day of May, 1998.
Arthur I. Snyder, Mayor
ATTEST:
Teresa M. Smith, CMC, City Clerk
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
This Resolution was filed in the Office of the City Clerk this day of
.,1998.
CITY CLERK
I .~.GAL D~CRIPTION
Phase I Pro~er~
Fe~ Pardi
Ail of Tract L and that portion of Tract R of the Plat of MARINA DEL REY REVISED,
according to the plat thereof as recorded in Plat Book 144 at Page 89 of the Public Records
of Dade County, Florida, all being more particularly described as follow~:
Begin at the northeast comer of said Tract L; the following three (3) courses be/ng along
the exterior line of sa/d Tract R; (1) thence N 04°01'24' E for 28.00 feet; (2) thence
N 47~41'37"W for 100.00 feel; (3) thence S 87°3~'4~"W for 5~3.78 feet; thence
$ 02024'14' E along the northerly extension of and the westerly line of said Tragt L for
142.72 feet; thence S 22°29'53· E along the westerly line of said Tract L for 2725 feet;
thence S g"/~0'$t~' W for 176.19 feet; thence $ 22~30'06, E for 472.21 feet to the south line
of said Tract R; thence N 87~0'00" E along the south line of said Tract R and Tract L for
561.00 feet; thence N 0401'24' la along the eas~ ~ne of said 'Pract L for 576.77 feet to the
POINT OF BEGINNING.
and
Easements for ingress and egress over, -_n?_er and upon Ingress-Egress Easement No. 1 in
favor of TI-act L, In?ess-l~gress Easement No. 2 in favor of 'Pract L and In~css-Egre.~
IF, asem~nt No. 1, and Iagress-Bgress Hasement No. 3 in favor of Tracts L and R and In~oress.
Egress ,Hasement Nos. 1 and 2~ all as set forth on the Plat' of MARIA DEL REY
REVISEI), according to the Plat thereo/as recorded in Plat Book 144 at Page 89 of the
Publ/c Records of Dade County, Flor/da.
Easement fights over, under snd upon the ~ecreation Area' and the ~nt'r'an~ Road'
(together, the 'Easemem Parcel") ar/sing out of that certain Redprocal Hasement
Agreement (the "F-asement Agreement') dated a~ of October 29, 1997 by and belween
~~oda~e~ ~H~?..de~_ Bay .Assodates II, and record, ed u~.der CierEs File No.
~ ruw,c le, ecoras of Dada County, Flor/da, being more particularly
I-~OAIL DESCIV, IPTION: "RECREATION AP,~EA" I~ASEM~NT
A portion of Tract R zod T~;-i M of the plat of "MARINA DEL REY REVISED",
according to the plat thereof as recorded in Plat Book 144 at Page 89 of the Publ/o R~cerd~
of Dad~ County, Florida, all being more particularly dascn~oed as follo~:
Page I of 2
Commence at the Northwest corner of Tract L of said plat of 'M. ARI~A DEL REY
..RE ~V~?I~D"; thence S 02024'14' E along the Westerly lln. of said Tract L for 69,13 feet to
me POINT OF BEGINNING of the hereinafter described '-arcel of 1--'~ -'- .... -
~ ,~tu; m~ace COatillll0
$ 02~4'I4' E along the prev/ously described line for $8.59 feet; thence S 22~29':53' 1~ along
said Westerly lble of Tract L for 27.25 feet; thence $ 67'30'56' W for 353.99 feet; thence
N 22~29'$3' W for 36~2 £eet; thence S 87~0'00' W for 33.18 feet; thence N 26~29'35,, W
for 23.31 feet to a point of atrvature; thence Northeasterly along a 75,00 foot radius leading
to the ~ight through a central anglo of $6°42'$4` for an arc of 74.2,4 feet to a poim of
reverse cm'vatttre; thence Northerly along a 50.00 foot radius curee leading to the left
through a central angle of 32~$F10' for an arc of 28.&8 feet to a point of tangency; thence
N 02038'49` W for 25.00 feet to a point of curvature; thence Northerly and ~sterly along
a 24.33 foot radius leading to the right through a central ~n§le of 97~4T25' for an arc of
41.53 feet to a point of tangency; thence $ 84'51'24' E for 52.S1 feet to a point of cureature;
thence ~ste:l¥ along it 381.33 foot radiui curve leading to the left throagh a ceatral a~le
of 27°19'29" for an are of 181.86 feet to a point of rovers~ cth-valure; thence EaSterly along
a 127.&7 foot radius curve leading to the right through a cemral angle of 49°29'00" for an
arc of 110.2& feet to the POINT OF BE~INNIH(3.
AND
LEGAL DESCRIFI'ION: 'E~C~ ROAD" EASEMENT
A pan/on of Tract R and Tract M of the plat of "MARINA DEL REY REVISED",
according to the plat thereof as recorded in Plat Book 144 at Page 89 of thc Public Recor~
of Dade County, Florida, all being more part/cul~xly described as follows:
Begin at the most Westerly Southwest comer of said Tract R; the following three (3)
courses be/ng along the exterior boundary l/ne of said Trac~ R, (1) thence N 02°24'12" W
for 72.00 feet: (2) thence N 87035'48" E for 150.00 feet (3) thence N 02°24'14" W for 238.94
feet; thence N 87`35'46" l~ along a I/ne parallel and lf00 feet South of the North l/ne of
said Tract R for 678.16 feet to the Nord~est comer of Tract L of said plat of "MARINA
DEL REY RIgVI$.I70_ -; thence S 02024'14" E along the Westerly l/ne of said Tract L for
85.58 feet to a point ~)n a circular curve concave to the South and whose radius point bears
$ 31'24'$70 W; thence Northwesterly ,~d_ Southwesterly along a 115.67 foot radius curve
leadiag to tl~ left through a central ano. Je of 53'35'50 for an arc of 106.33 feet to a point
of reverse curvature; thence Southwesterly and Northwesterly ahmg a 395.33 foot radius
curve leading ~o the right through a central angle of 23°39'25~ for an arc of 16323 feet to
a point of taagenc~, thence N 88e31'28, W for 130.01 feet; thence S 87o35'46.. W for 57.55
feet to a point of curvature; thence Southwesterly &: Southerly along a 90,00 foot radius
cuzve leading to the left, through 'a central angle of 97019'50" for an
a point of reverse ouvature. *~-.--.~ ~ .......... arc of 152.89 feet to
· -, ,~,~,~ ~uutmvesteny along a 131,52 foot radius curve leading
to the right through a central angle of 56°$8,08. for an arc of 130.77 feet; thence
S 02~30'00" E for 18.30 feet; thence $ 87030,00~ W for 94,14 feet to a point on the West
line of said Tract M; thence N 02'24'14" W along said West line for 12,67 feet; thence
$ 87~5,4g" W along the South l/ne of said Tract R for 150.00 feet to the POINT OF
BEGINNING.
Page 2 of 2
LF. GAI. DESCltlI~O~
All of Tract M and that portion of Tract R of the Pht of MARINA DEL REY PO~VISED,
accord/rig to the plat therecff as recorded/n Plat Book 144 at Page 89 of the Publ/c Records
of Dade County, Florida, all being more part/adarly described as follows:
Commence at the Northeast.comer of said Tract R, said Northeast comer also being the
East I/4 comer of Section 3, Township 52 South, Range 42 East; thence S 87~35'46* W
along the North line of said Tract R for 563.78 feet to the POl~l' OF BEGINNING of the
hereinafter described parcel of land; thence S 02O24'14" E alon~ the northerly
and the westerly line of'Tract L of sa/d plat of 'Marina Del extension of
Rey Revised" for 142.72 feet;
thence S 22~29'53- E along the westerly line of said Tract L for 27.25 feet; thence
$ 57~30'$6' W for 176.19 feetl thence S 22~30,0//, E for 472.21 feet to the south line of said
Tract Pq thence $ g7~3(Y00. W along the south l/ne of said Tract R and Tract lyf for 217.00
feet; the followin~ three (3) courses being along the Southerly and Westerly llne of said
Tract M; 1) thence S 49°46'27. W for 102.14 feet; 2) thence S 87~30'00. W for 386.64 feet;
3) thence N ~'14" W for 409.97 feet; the follow/rig fiv~ (5) courses being along the
exterior boundary llne of said Tract P,; 1) thence S 87~35'48. W for/50.00 feet; 2) thence
N 02~24'12'W for 72.00 feet; 3) thence N 87°35'48, E for 150.00 feet: 4) thence
N 02°24'14" W for 253.94 feet; 5) thence N 87~5'46" E for 678.16 to the POINT OF
BEGINNING.
and
~a~ments for ingress and egress over,
favor of ~ M and under and
Xngress-,~p.ess ]~tsement upon ~gress-~'css ~ement NO. 2/n
No. 1, and ~tgre~-~-Egress Easement No. 3
ia favor of Tzacts Iv/and R and rngress-P_.gress Bosement Nos. 1 and 2, all as se~ forth on
the Plat of MARI~A D~L l~_,Y RHVIS~D, according to the pht thereof as recorded/n
Plat Book 144 at Page 89 of the P~,bl/c Records of Dade Cotmty, Florida.
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO:
FROM:
BY:
DATE:
SUBJECT:
City Commission ~
Eric M. Soroka, City~,~l~ag~
Brenda Kelley, Interim Cb~..~ity Development
May 11, 1998
Directo~.,~
Request of Coco's of Aventura, Inc. for Special Exception and Unusual
Use approval.
(02-SE-98 and 03-UU-98)
May 19, '1998 City Commission Meeting Agenda Item
RECOMMENDATION
It is recommended that the City Commission deny the Special Exception and approve
the Unusual Use with conditions.
THE REQUEST
The applicant, Cocos' of Aventura, Inc. is requesting the following:
1) A Special Exception to spacing and distance requirements for the sale of alcoholic
beverages
2) An Unusual Use to permit outdoor patio and table service in connection with a
restaurant.
BACKGROUND
OWNER OF PROPERTY
Aventura Mall Venture
ADDRESS OFPROPERTY
19501 Biscayne Boulevard (See Exhibit #2 for
Location Map)
LEGAL DESCRIPTION
Tract Q, Aventura 6th Addition as recorded in
Plat Book 120 Page 20 of the Public Records
of Dade County
SIZE OF PROPERTY:
Approximately 97.962 acres
EXISTING ZONING
BU-2, Special Business District
FUTURE LAND USE DESIGNATION Business and Office
Zoning -
Subject property:
Property to the North:
Property to the South:
Property to the East:
Property to the West:
BU-2, Special Business District
BU-2, Special Business District
BU-2, Special Business District
RU-4A, Hotel Apartment House District; BU-2,
Special Business District and GU, Interim District
Biscayne Boulevard and F.E.C. Railroad
Existing Use -
Subject property:
Property to the North:
Property to the South:
Property to the East:
Property to the West:
Aventura Mall
Office and Retail uses
Office and Retail uses
Tumberry Country Club and associated uses
Biscayne Boulevard and F.E.C. Railroad
Future Land Use Designation - According to the Adopted 2000 and 2010 Land Use
Plan for Metro~Dade County, Florida, the following properties are currently designated
as follows:
Subject property:
Property to the North:
Property to the South:
Property to the East:
Property to the West:
Business and Office
Business and Office
Business and Office
Parks and Recreation; Medium High Density
Residential
Biscayne Boulevard and the F.E.C. Railroad R/W
The Site - The subject site is located at the northeast corner of Biscayne Boulevard
and the William Lehman Causeway (see Exhibit #2 for Location Map).
The Project - The Aventura Mall is currently in the process of many expansion
projects. The addition of a new wing, already underway, is to house several
2
restaurants which front an open courtyard. The applicant, Coco's of Aventura, Inc., is
proposing to locate a restaurant called "The Sidewalk Cafb" in the new courtyard area.
Background - Two of the restaurants in the new courtyard, Rainforest Caf6 and
Cheesecake Factory, have received a Special Exception from spacing and distance
requirements to serve alcoholic beverages. These restaurants required a Special
Exception under the Miami-Dade County Code, Sections 33-150 and 33-151, the
applicable regulations in effect at the time of the requests. Since then, the City has
passed a new "Alcoholic Beverage" Ordinance (No. 98-10), with the participation of
Aventura Mall representatives, which replaces restrictions governing location of
establishments and hours and days of sale, service or consumption. However, Coco's
does not meet the requirements of the City's new Ordinance in that it has fewer than
200 seats and less than 4,000 square feet. Therefore, Special Exception approval for
this particular request is required.
ANALYSIS
Consistency with Comprehensive Master Plan- The request is not inconsistent
with the Dade County Comprehensive Development Master Plan.
Community Development Department Analysis -
Special Exception
The applicant is requesting a special exception to spacing and distance requirements
for the sale of alcoholic beverages. According to the new "Alcoholic Beverages"
Ordinance (No. 98-10), no premises shall be used for the sale of any alcoholic
beverages to be consumed on or off the premises where the place of business is
located less than 1500 feet from an existing alcoholic beverage use. The applicant's
proposed location for The Sidewalk Caf~ is within 1500 feet of the alcoholic beverage
uses listed in the table below:
ALCOHOLIC BEVERAGE USES WITHIN A 1500 FT. RADIUS
BUSINESS LOCATION TYPE OF SERVICE APPROVAL
RECEIVED
Cheesecake Factory Aventura Mall Cocktail lounge-bar Special Exception
Rainforest Cafb Aventura Mall Cocktail lounge-bar Special Exception
T.G.I. Friday's Aventura Mall Cocktail lounge-bar Special Exception
Eastside Mario's Aventura Mall Cocktail lounge-bar Special Exception
Bella Luna Aventura Mall Cocktail lounge-bar Special Exception
Bloomingdale's Cafe Aventura Mall Table service only Not Required
Food Court Aventura Mall Table service only Not Required
Apache Bar & Grill Concord Plaza Cocktail lounge-bar Special Exception
3
As an exception to spacing and distance requirements, a cocktail lounge may be
located in a restaurant and be within 1500 feet of another alcoholic beverage use if the
restaurant meets certain requirements. These requirements as listed in Ordinance No.
98-10 are as follows:
1) Restaurant shall contain all necessary equipment and supplies for and serve full
course meals regularly; and
The restaurant proposes to serve full course meals regularly.
2) Have accommodations for service of two hundred (200) or more patrons at tab/es,
including bars or counters at which full course meals are available; and
The restaurant proposes to have accommodations for only one hundred (100)
patrons at tables, including bars or counters at which full course meals are
available.
3) Shall occupy more than four thousand (4, 000) square feet of floor space.
The restaurant proposes to occupy only 3,261 square feet of floor space.
The proposed restaurant does not meet the above requirements and therefore, requires
Special Exception approval.
It should be noted that if the Special Exception request is denied, the applicant may
choose to comply with Section 4-2(E)(2) of the new Ordinance in order to receive an
exemption from spacing requirements. Section 4-2(E)(2) permits the sale of alcoholic
beverages only to persons seated at tables with the service of cooked, full course
meals.
Unusual Use
The applicant is requesting an unusual use to permit outdoor patio and table service in
connection with a restaurant. According to the Miami-Dade County Code, Section 33-
13, outdoor dining is considered to be an unusual use and requires public hearing
approval.
The applicant proposes to provide table service consisting of approximately twenty-four
(24) seats at an "outdoor covered archade". The outdoor seating is internal to the
courtyard.
Criteria
According to Article XXXVI, Section 33-31 l(d) of the Dade County Code, both a Special
Exception and an Unusual Use request should be evaluated using the following criteria:
4
1. The request would not have an unfavorable effect on the economy of Dade County:
The request to permit a 3,261 square feet, 100-seat restaurant with a
cocktail lounge may have an unfavorable effect on the economy in that it
could set a precedent for small restaurants to emphasize the service of
alcoholic beverage sales in a cocktail lounge setting.
The request to permit outdoor patio and table service in connection with a
restaurant in the Aventura Mall would not have an unfavorable effect on
the economy of Dade County.
The request would not generate or result in excessive noise or traffic, cause undue
or excessive burden on public facilities, including water, sewer, solid waste disposal,
recreation, transportation, streets, roads, highways or other such facilities which
have been constructed or which are planned and budgeted for construction; and
The requests for a cocktail lounge and outdoor dining in conjunction with a
restaurant would not generate or result in excessive noise or traffic, or
cause undue or excessive burden on public facilities above and beyond
that which is already contemplated for the restaurant in general and that
of the entire mall.
The request would not tend to create a fire or other equally or greater dangerous
hazards, or provoke excessive overcrowding or concentration of people or
population; and
The requests for a cocktail lounge and outdoor dining in conjunction with a
restaurant would not tend to create a fire or other equally or greater
dangerous hazard, or provoke excessive overcrowding or concentration of
people or population above and beyond that which is already
contemplated for the restaurant in general and that of the entire mall.
The necessity for and reasonableness of such applied for exception in relation to the
present and future development of the area concerned and the compatibility of the
applied for exception with such area and its development.
The request to permit a 3,261 square feet, 100-seat restaurant with a
cocktail lounge is not determined to be reasonable given the size of the
restaurant. Since the applicant is permitted by code to serve alcoholic
beverages to patrons seated at tables with full course meals, staff
believes that the request for a cocktail lounge is not necessary.
5
The request for outdoor patio and table service in conjunction with a
restaurant is not unusual or unreasonable in the South Florida climate and
is deemed to be compatible with the development in the area.
Citizen Comments
The Community Development Department has not received any verbal
comments.
or written citizen
CONDITIONS
It is recommended that the City Commission deny the request for Special Exception
and approve the request for the Unusual subject to the following conditions which are
consistent with those imposed upon similar previous requests:
STANDARD CONDITONS
1. Plans shall substantially comply with those submitted as follows:
· "Coco's Seating Floor Plan", Sheet A-1 of 1, prepared by Blitstein Design
Associates, dated 05-04-98.
2. Applicant shall obtain building permits within 12 months of the date of this
Resolution or the approvals granted shall be deemed null and void unless extended
by a motion of the City Commission.
PROJECT SPECIFIC CONDITIONS
1. The outdoor patio dining shall be operated solely as an accessory use to the
restaurant, and if the restaurant use is terminated, the outdoor patio dining use will
automatically expire.
2. The outdoor dining shall be terminated in the event that the City Commission
determines, after a public hearing, that the outdoor dining operation has created
and/or may tend to create noise disturbances. The public hearing shall be set if the
Director of the Department finds probable cause to believe that a noise disturbance
has been created, based upon complaints received or the Director's observation.
3. No plastic or paper shall be utilized for food or beverage service in the outdoor
dining area, so as to avoid litter problems.
6
SY CHADROFF
LOUIS J, TERMINELLO'
NANCY TERMINELLO**
MATTHEW R. COHEN
ROBERT F, LEWIS
ALSO ADMITTED IN:
'NEW YORK
*WASHINGTON, D.C.
"NEW YORK
LEGAL ASSISTANTS:
ROSIE GONZALEZ
EDWIN CHAVES
CHAvROFF, TERMINELLO & TERMINELLO
ATTORNEYS AT LAW
A PARTNERSHIP OF PROFESSIONAL ASSOCIATIONS
2700 S.W. 37 AVENUE
MIAMI, FLORIDA 33133-2728
(305) 444-5002
FAX: (305) 448-5566
PLEASE REPLY TO:
MIAMI
May 5, 1998
BROWARD OFFICE
2455 HOLLYWOOD BLVD.
SUITE 118
HOLLYWOOD, FL 33020
(954) 929-9600
Amy E. Skiles, Assistant Planner
City of Aventura
Community Development Department
2999 NE 191 Street, Suite 500
Aventura, Florida 33180
ge~
COCO'S OF AVENTURA, INC. - AVENTURA
d/b/a THE SIDEWALK CAFE
19501 Biscayne Boulevard, fi 793
Aventura, Florida 33180
Dear Ms. Skiles:
The undersigned represents COCO'S OF AVENTURA, INC., d/b/a The Sidewalk Cafe,
your applicant for public hearing requesting a special exception to permit a cocktail lounge-sit down
bar in a restaurant located in a shopping center. We are requesting a special exception to the spacing
requirements which provide that only one (1) cocktail lounge-bar may be permitted in a shopping
center in a BU-2 or more liberal district, provided that it meets certain requirements pursuant to
Miami-Dade County Code, Section 33-150(E) (4). We are also requesting a special exception to
permit a cocktail lounge-sit down bar in a restaurant spaced less than the proscribed distance of
1,500 feet from another alcoholic beverage use. In addition, your applicant is filing its application
for an unusual use for outdoor dining at the outside patio area (common area shared with an
adjoining restaurant, i.e. The Cheesecake Factory).
Your applicant respectfully requests a non-use variance for an extension of hours to permit
the sale of alcoholic beverages to 3:00 a.m. daily, which is currently permitted for restaurants with
SRX alcoholic beverage licenses. COCO'S OF AVENTURA, INC. will however hold a 4COP
quota alcoholic beverage license inasmuch as it falls short of the required 4,000 square feet by 739
feet.
EXHIBIT #1
Amy E. Skiles, Assistant City Planner
May 4, 1998
Page 2
Currently, four (4) restaurants with cocktail lounges-bars are located inside the Aventura
Mall, each having received a special exception from distance requirements by Miami-Dada County.
Within 1,500 feet of the proposed restaurant are the following alcoholic beverage uses: four (4)
restaurants with cocktail lounges-bars, the food court, the Rainforest Cafe and a restaurant with a
cocktail lounge-bar located in the Concord Plaza. No religious facilities or public schools are located
within a 2,500 foot radius of the proposed restaurant and cocktail lounge-bar. The requested sit
down bar/cocktail lounge in the Aventura Mall has been approved by the City of Aventura on three
(3) prior occasions.
Coco's of Aventura, Inc. has no objection to conforming with all requirements as specified
as specified in Section 33-150(E)(4) as follows:
1. The Aventura Mall is approximately 97.96 acres and under one ownership.
2. The approved site plan for the Aventura Mall consists of approximately 2.3
million square feet of building and 8,576 parking spaces.
3. Coco's of Aventura, Inc. serves full course meals at all times, has accommodations
for 94 patrons at tables and 9 stools at the bar, and occupies 3,261 square feet of floor space.
4. More than 75,000 square feet of floor area has been constructed and more than 250
parking spaces currently exist at the Aventura Mall.
5. The cocktail lounge-bar in the restaurant structure does not have any outside
entrances, and is located in a location which provides no indication fxom the outside of the structure
that the cocktail lounge is within the structure.
Please note that in conformity with Article XXXVI, Section 33-311 (d) of the Miami- Dade
County Code, this request would not have an unfavorable affect on the economy of Dade County.
In addition, this request will not generate or result in excessive noise or traffic, or cause undue or
excessive burden on public facilities above and beyond that which is already contemplated for the
restaurant in general and that of the entire shopping center. Our request would not tend to create a
fire or other equally or greater dangerous hazard or provoke excessive overcrowding or concentration
of people or population above and beyond that which is already contemplated for the restaurant in
general and that ofthe entire shopping center. The operating hours of the cocktail lounge-bar shall
not extend beyond those of the restaurant.
Amy E. Skiles, Assistant City Planner
May 4, 1998
Page 3
Finally, the request to serve alcoholic beverages in conjunction with the restaurant located
in a regional mall is not an unreasonable request. Restaurants that serve alcohol with full course
meals are compatible with and are typically found in regional malls such as the Aventura Mall. Of
course, if you need any further information in this regard, please do not hesitate to contact me.
Very truly yours,
Nancy Terminello
NT~dc
coco's of aventura zoning~le~er of intent
SY CHADROFF
LOUIS J. TERMINELLO'
N&N~Y ?ERMINELLO"
'NEW YORK
"NEW YORK
CHADROFF, TERMINELLO & TERMINELLO
ATTORNEYS AT LAW
($05) 444-5002
FAX: (305) 448-$566
PLEASE REPLY TO:
M~y g, 1998
Amy E. Skiles, Assistant Planner
City of Aventura
Community Development Dcpa~b,,ent
29~9NE 191 Slx¢¢t, Suite 500
Aventura, Florida 331g0
RE.'
COC0'$ OF A ~TURA, INC. -AVENTURA
d/'o/a THE $1DEW~4 LK CAFE
19501 Biscayne Boulevard, #793
Aventura, Florida 35180
Dea~ Ms. Skiles:
Please consider this correspondence a withdrawal of o~r request for a non-use variance to
extend the hours of operation and sales of alcoholic beverages to 3:00 AM. TEis corrcspond~uce
shall also s~rve to confirm tha~ my client ~ be permitted to sell alcoholic beverages ~nd remain
open for business until 1:00 AM on a ?~ily basis. T]~mk you for your kind consid~ation in this
mat~er. Please do not hesitate to contact me if you should need anything further in thi~ regard.
Vex7 tt'uly yours,
Nancy TermineLlo
N'r/ndc
DADE COUN'I~
~03 ST.
Park
YACHT CLUB DR.
COUNTRY CLUB DR.
201 TER.
192 ST.
of Aventura
190
188 ST.
LEGEND
Roadways
- - ,- - ,, · City Boundary
..... ZIP (
RESOLUTION NO.__
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, DENYING A SPECIAL
EXCEPTION TO SPACING AND DISTANCE
REQUIREMENTS FOR THE SALE OF ALCOHOLIC
BEVERAGES; GRANTING UNUSUAL USE APPROVAL
TO PERMIT OUTDOOR PATIO AND TABLE SERVICE IN
CONNECTION WITH A RESTAURANT, TO COCO'S OF
AVENTURA, INC., LOCATED AT 19501 BISCAYNE
BOULEVARD; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the property described herein is zoned BU-2, Special Business
District; and
WHEREAS, the Applicant, Coco's of Aventura, Inc. through Application No. 02-
SE-98 is requesting a Special Exception to permit a restaurant with a cocktail lounge
located within a 1500 feet radius of another alcoholic beverage use on that certain
property located at 19501 Biscayne Boulevard; and
WHEREAS, the Applicant, Coco's of Aventura, Inc. through Application No. 03-
UU-98 is requesting an Unusual Use to permit outdoor patio and table service in
connection with a restaurant on that certain
Boulevard; and
and
property located at 19501 Biscayne
WHEREAS, the City Commission has held a public hearing as provided by law
WHEREAS, the City Commission finds that the Application meets the criteria of
the applicable codes and ordinances, to the extent the Application is granted herein.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Resolution No.
Page 2
Section 1. Application Numbers 02-SE-98 for Special Exception and 03-UU-98
for Unusual Use approval on property legally described as:
Tract Q, Aventura 6th Addition as recorded in Plat Book 120,
Page 20 of the Public Records of Dade County
a.k.a.
Aventura Mall
19501 Biscayne Boulevard
are hereby acted upon as follows:
Section 2. Application No. 02-SE-98 for a Special Exception to spacing and
distance requirements to the sale of alcoholic beverages is hereby denied.
Section 3. Application No. 03-UU-98 for an Unusual Use to permit outdoor
patio and table service in connection with a restaurant is hereby approved subject to the
following conditions:
CONDITIONS
STANDARD CONDITONS
1. Plans shall substantially comply with those submitted as follows:
· "Coco's Seating Floor Plan", Sheet A-1 of 1, prepared by Blitstein Design
Associates, dated 05-04-98.
2. Applicant shall obtain building permits within 12 months of the date of this Resolution
or the approvals granted shall be deemed null and void unless extended by a motion
of the City Commission.
Resolution No.
Page 3
PROJECT SPECIFIC CONDITIONS
1. The outdoor patio dining shall be operated solely as an accessory use to the
restaurant, and if the restaurant use is terminated, the outdoor patio dining use will
automatically expire.
2. The outdoor dining shall be terminated in the event that the City Commission
determines, after a public hearing, that the outdoor dining operation has created
and/or may tend to create noise disturbances. The public hearing shall be set if the
Director of the Department finds probable cause to believe that a noise disturbance
has been created, based upon complaints received or the Director's observation.
3. No plastic or paper shall be utilized for food or beverage service in the outdoor
dining area, so as to avoid litter problems.
Section 4. The City Manager is authorized to cause the issuance of permits in
accordance with the approvals and conditions herein provided and to indicate such
approvals and conditions upon the records of the City.
Section 5. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner
its adoption. The motion was seconded by Commissioner
put to vote, the vote was as follows:
, who moved
, and upon being
Resolution No.
Page 4
Commissioner Arthur Berger
Commissioner Jay R. Beskin
Commissioner Harry Holzberg
Commissioner Jeffrey Perlow
Commissioner Patdcia Rogers-Libert
Vice Mayor Ken Cohen
Mayor Arthur I. Snyder
PASSED AND ADOPTED this 19th day of May, 1998.
Arthur I. Snyder, Mayor
ATTEST:
Teresa M. Smith, CMC, City Clerk
APPROVED AS TO LEGAL SUFFICIENCY:
City Attomey
This Resolution was filed in the Office of the City Clerk this __ day of
,199__.
CITY CLERK
MINUTES
CITY COMMISSION MEETING
TUESDAY, MAY 5, 1998 6:00 P.M.
Aventura Medical Arts Building
2'1'1'10 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 Commissioners Arthur Berger, Jay R. Beskin,
Harry Holzberg, Jeffrey M. Perlow, Patricia Rogers-Libert, Vice Mayor Ken Cohen,
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 COMMISSION FOR 6 P.M.
Ex-parte communications by Commissioners, 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.
Mr. Wolpin read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA APPROVING THE RELEASE OF PREVIOUSLY
APPROVED RESOLUTION NO. 4-ZAB-134-79; APPROVING THE
AUTOMOBILE AND LIGHT TRUCK, NEW SALES AGENCY OR
RENTAL USE AS REQUIRED PURSUANT TO SECTION 33-247 OF
THE MIAMI-DADE COUNTY CODE; APPROVING THE REQUESTED
NON-USE VARIANCE FROM CHAPTER 33 OF THE MIAMI-DADE
COUNTY CODE REQUIRING A DECORATIVE MASONRY WALL AT
LEAST FIVE FEET IN HEIGHT TO ENCLOSE THE VEHICLE STORAGE
AREA WHERE A PROVISION OF A PARTIAL MASONRY WALL TO
THE FRONT OF THE PROPERTY ONLY IS PROPOSED; APPROVING
THE REQUESTED NON-USE VARIANCE FROM CHAPTER 33 OF THE
MIAMI-DADE COUNTY CODE REQUIRING A CONTINUOUS,
DENSELY PLANTED GREENBELT OF NOT LESS THAN FIFTEEN
FEET IN WIDTH WHERE A PROVISION OF A NINE (9) FOOT WIDE
INTERRUPTED GREENBELT IS PROPOSED; APPROVING A
VARIANCE FROM CITY ORDINANCE NO. 97-17 ALLOWING TWO (2)
SIGNS ON A MASONRY WALL IN LIEU OF ONE (1) FREESTANDING
MONUMENT SIGN, ALL WITH CONDITIONS AS OUTLINED HEREIN
FOR PROPERTY LOCATED AT 17800 BISCAYNE BOULEVARD;
PROVIDING AN EFFECTIVE DATE.
Mayor Snyder opened the public hearing. Senator Ron Silver, 2750 NE 187 Street,
appeared on behalf of the applicant and requested a deferral of this hearing until
June 2, 1998. There being no further speakers, the public hearing was closed. A
motion to continue this hearing to June 2, 1998 was offered by Vice Mayor Cohen
and seconded by Commissioner Rogers-Libert. The motion passed, 4-2, with
Commissioners Holzberg, Rogers-Libert, Vice Mayor Cohen and Mayor Snyder
voting yes and Commissioners Berger and Beskin voting no. Commissioner Perlow
was not present for the vote.
B. Mr. Wolpin read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA GRANTING APPROVAL OF PROPERTY CURE
FOR EMINENT DOMAIN PROCEEDINGS FOR PROPERTY LEGALLY
DESCRIBED IN EXHIBIT #1 AND COMMONLY KNOWN AS "COVE OF
BISCAYNE SHOPPING CENTER"; GRANTING A NON-USE VARIANCE
OF SETBACK REQUIREMENTS TO WAIVE ELEVEN FEET (11') OF
THE REQUIRED TWENTY FOOT (20') FRONT SETBACK WHERE A
NINE FOOT (9') FRONT SETBACK IS PROPOSED (BISCAYNE
BOULEVARD); GRANTING A NON-USE VARIANCE OF OPEN SPACE
REQUIREMENTS TO WAIVE 1.6% OF THE REQUIRED 12.6% OPEN
SPACE WHERE 11.0% OPEN SPACE IS PROPOSED; PROVIDING AN
EFFECTIVE DATE.
Ms. Kelley explained the request of the applicant. Vice Mayor Cohen opened the
public hearing. The following individuals addressed the Commission: Michael
Snyder, Esq., 20803 Biscayne Blvd., Suite 200, representing the applicant; Charles
Putnam, 4722 NW 2ND Avenue; Arnold Ramos, FDOT; Wendy Allen, 1350 Jefferson
Street, Hollywood; Shannon Bucholz, owner of Shannonigans; Lenny Seinfeld,
19009 Biscayne Blvd.; Kiki, employee of Bagel Cove; Lou DiBlasi, on behalf of Wash
Depot Holdings and Sonnys Car Wash; Lillian Valdespino, Esq. and John Martinez,
2
FDOT. There being no further speakers, the public hearing was closed. A motion
for approval of the request was offered by Commissioner Rogers-Libert, and
seconded by Commissioner Holzberg. An amendment was offered by
Commissioner Beskin, seconded by Commissioner Rogers-Libert and unanimously
passed that there shall be no business activity immediately to the west of the
premises nor the storage of garbage containers, restaurant equipment, future use
equipment etc. The motion for approval, as amended, passed, 4-1, with
Commissioners Berger, Holzberg, Rogers-Libert and Vice Mayor Cohen voting yes
and Commissioner Beskin voting no. Mayor Snyder and Commissioner Perlow were
absent from the room for this hearing. Resolution No. 98-41 was adopted.
SPECIAL PRESENTATIONS: (Taken out of order) The Commission presented a
Proclamation to Rita Kolce in honor of her 100th birthday on May 3, 1998.
C. Mr: Wolpin read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, APPROVING A SIGN VARIANCE FOR ONE (1)
WALL SIGN WHICH IS LARGER THAN THAT ALLOWED; APPROVING
A SIGN VARIANCE FOR (1) WALL SIGN WHICH DISPLAYS
SERVICES OR PRODUCTS AS OPPOSED TO THE BUSINESS NAME
("GARDEN CENTER"); DENYING A SIGN VARIANCE FOR (1) WALL
SIGN WHICH DISPLAYS SERVICES OR PRODUCTS AS OPPOSED TO
THE BUSINESS NAME ("PHARMACY") FOR DAYTON HUDSON
CORPORATION (TARGET) LOCATED AT 21265 BISCAYNE
BOULEVARD; PROVIDING FOR AN EFFECTIVE DATE.
Ms. Kelley explained the request of the applicant. Mayor Snyder opened the
public hearing. The following individuals addressed the Commission: Jeffrey
Bercow, Esq., 200 S. Biscayne Blvd.; Boyd Hippenstiel, Heath & Co., Tampa.
There being no further speakers, the public headng was closed. A motion for
approval of the request wes offered by Commissioner Perlow, and seconded by
Commissioner Berger. The motion for approval passed, 4-3, with Commissioners
Beskin, Perlow, Rogers-Libert and Mayor Snyder voting yes, Commissioners
Berger, Holzberg and Vice Mayor Cohen voting no and Resolution No. 98-42
was adopted.
Dm
MOTION TO APPROVE REQUEST BY MARION PRESENT MUTCHNIK
FOR WAIVER FROM MORATORIUM, SUBJECT TO CONDITIONS AS
OUTINED IN CITY MANAGER'S MEMORANDUM DATED APRIL 29,
1998.
Marion Present Mutchnik, applicant, addressed the Commission. A motion to
approve the request wes offered by Vice Mayor Cohen, seconded by
3
Commissioner Berger and failed, 2-5, with Mayor Snyder and Commissioner
Berger voting yes and Commissioners Beskin, Holzberg, Rogers-Libert, Perlow
and Vice Mayor Cohen voting no.
4. APPROVAL OF MINUTES: A motion to approve the minutes of the April 21, 1998
Commission Meeting and the April 27, 1998 Commission Workshop was offered by
Commissioner Rogers-Libert, seconded by Commissioner Berger and unanimously
approved.
5. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: None
7. CONSENT AGENDA: Commissioner Perlow requested removal of items B, C and D
from the Consent Agenda.
A motion to approve the items remaining on the Consent Agenda was offered by
Vice Mayor Cohen, seconded by Commissioner Rogers-Libert, unanimously passed
and the following action was taken:
A=
Mr. Wolpin read the following ordinance by title which was passed on first
reading by roll call vote:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED
CABLE FRANCHISE AGREEMENT BY AND BETWEEN THE CITY AND
NARRAGANSETT SOUTH FLORIDA CATV LIMITED PARTNERSHIP
(CABLEVISlON COMMUNICATIONS) AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE
AIMS OF THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE.
E. The following motion passed:
MOTION TO REMOVE PATTY ROBINSON FROM THE
BEAUTIFICATION ADVISORY BOARD.
The following items were removed from the Consent Agenda and addressed
separately:
B. Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 97-25, WHICH
ORDINANCE ADOPTED A BUDGET FOR THE 1997198 FISCAL YEAR
BY REVISING THE 1997/98 FISCAL YEAR OPERATING AND CAPITAL
BUDGET AS OUTLINED IN EXHIBIT "A" ATTACHED HERETO;
4
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS ORDINANCE;
PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Beskin, seconded by
Commissioner Berger and unanimously passed by roll call vote.
C. Mr. Wolpin read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT
FOR BID NO. 98-4-24-2, WILLIAMS ISLAND BOULEVARD
IMPROVEMENTS TO M. VILA & ASSOCIATES, INC. AT THE BID
PRICE OF $1,472,265.52 AS CONTAINED IN EXHIBIT "A";
AUTHORIZING THE CITY MANAGER TO EXECUTE ASSOCIATED
CONTRACTS; AUTHORIZING THE CITY MANAGER TO TAKE
NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS
OF THIS RESOLUTION; PROVIDING FOR THE APPROPRIATION AND
ALLOCATION OF FUNDS FOR SAID BID AWARD; AND PROVIDING
FOR AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Beskin and seconded by
Commissioner Berger. The motion passed unanimously and Resolution No. 98- 43
was adopted.
D. Mr. Wolpin read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATTACHED WORK AUTHORIZATION NO. 98-152-A
FOR LANDSCAPE DEVELOPMENT - BISCAYNE FOUR
SRS/BISCAYNE BOULEVARD FROM THE OLETA RIVER TO MIAMI
GARDENS DRIVE BY AND BETWEEN THE CITY OF AVENTURA AND
O'LEARY DESIGN ASSOCIATES, P.A.; AND PROVIDING AN
EFFECTIVE DATE.
A motion for approval was offered by Commissioner Rogers-Libert, seconded by Vice
Mayor Cohen, unanimously passed and Resolution No. 98-44 was adopted.
8. OTHER BUSINESS: None
9. REPORTS: As presented.
II.PUBLIC COMMENTS. None.
5
It was the consensus of the Commission to amend the June, 1998 Commission
Meeting schedule by canceling the regularly scheduled meetings of June 2nd and
June 16th and setting one regular Commission Meeting for June 9, 1998 and one
Workshop Meeting for June 29, 1998.
12.ADJOURNMENT. There being no further business to come before the Commission
at this time, after motion made, seconded and unanimously passed, the meeting
adjourned at 9 p.m.
Teresa M. Smith, CMC, City Clerk
Approved by the Commission on
Anyone wishing to appeal any decision made by the City Commission with respect to any matter considered
at a meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that
a verbatim record of the proceedings if made, which record includes the testimony and evidence upon which
the appeal is to be based.
6
CITY OF AVENTURA
OFFICE OFTHECITY MANAGER
MEMORANDUM
TO: City Commission (/
FROM:
Eric M. Soroka, Cit/M ag~er
DATE: May 12, 1998 ~. ~
SUBJECT:
Ordinance Establishing Uniform Schedule of Civil Penalties for Code
Violations
Ist Reading May 19, 1998 City Commission Meeting Agenda Item
2nd Reading June 9, 1998 City Commission Meeting Agenda Item
RECOMMENDATION
It is recommended that the City Commission adopt the attached Ordinance, which
establishes a uniform schedule of civil penalties for code violations.
BACKGROUND
Florida Statutes 162 requires that if a City chooses to utilize the Special Master process
to enforce code violations, it must establish its own uniform schedule of civil penalties
for code violations. The schedule is in addition to the normal penalties provided in each
ordinance for prosecution utilizing the court system.
Initially, the City was utilizing the County's fine schedule. Now that we have adopted
our own ordinances, the attached schedule was prepared with input from the City
Attorney and the Community Development Department.
If you have any questions, please feel free to contact me.
EMS/aca
Attachment
CC0573-98
ORDINANCE NO. 98-._
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA, AMENDING SECTION 2-348 OF THE CITY
CODE ENTITLED "SCHEDULE OF CIVIL PENALTIES" TO
UPDATE THE CIVIL PENALTIES SCHEDULE FOR CODE
VIOLATIONS; PROVIDING FOR CONFLICTS, PROVIDING
FOR SEVERABILITY, AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, upon the recommendation of the City Manager, the City
Commission desires to establish a uniform schedule of civil penalties for code violations
in the City of Aventura.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF AVENTURA, AS FOLLOWS:
Section 1: Section 2-348 of the City Code of Ordinances is hereby
amended as follows:~
Section 2-348. Schedule of civil penalties.
(a)
The following table outlines the sections of the Code, as they may be
amended from time to time, which may be enforced pursuant to the
provisions of this article, and the dollar amount of civil penalty for the
violation of these sections as they may be amended. Each description of
violation in the schedule is for informational purposes only and is not meant
to limit or define the nature of the violation or the subject matter of the listed
Code sections. To determine the exact nature of the activity proscribed or
required by the Code, the relevant Code section must be examined.
(b) The following is the schedule of civil penalties:
Code Sec. Description of Violation
Initial Civil Penalty
18-3 Failing to comply with Occupational License $250 and revocation of
requirements license
30-31, et Failing to comply with noise regulations and $250
seq. permitted construction hours
Underlined text has been added;v.."*"' '"u.v.. *".... ..... v.~,~', text has been deleted from existing language.
Ordinance No. 98-__
Page 2
34-61 Failing to comply with political si,qn requirements Removal and $250
38-31, et Failure to comply with Solid Waste Collection $250
seq. Franchise requirements
42-31, et ' Failure to comply with newsrack requirements $250
34-78 Failure to comply with commercial advertising si.qn $250
requirements
10-01 Failure to remove canine fecal matter or leash $25
canines on public property
18-61 Failure to obtain a permit to film or meet regulations $250
14-62 Failure for contractor to re.qister with the City $250
14-91 Failure to obtain a building permit $250 or cost of double
permit fee, whichever is
greater
30-161 Violation of Flood Dama,qe Prevention requirements$250
34-43 I lle,qally maintaining a prohibited si,qn $250
34-44 Failure to maintain required signs $250
Chapter 34 Failure to obtain required si,qn inspection approval ~250
Chapter 34 Maintaining a hazardous si.qn $250
Chapter 34 Failure to comply with specific requirements of the $250
Si,qn Code
Chapter 34 Failure to maintain the landscaping required for a$250
sign
34-52 Failure to maintain si,qns ~250
lc)
For violations of any section of this Code for which a specific penalty is not
prescribed in this section, a penalty shall be imposed which shall not exceed
$250.00 per day for a first violation and shall not exceed $500.00 per day for
a repeat violation. For the purposes of continuing violations, each day shall
constitute a separate violation.
Section2. Conflicts. All Ordinances or parts of Ordinances and all
Resolutions or parts of Resolutions in conflict herewith are repealed to the extent of such
conflict.
Section 3. Severability. The provisions of this Ordinance are declared to be
severable and if any section, sentence, clause or phrase of this Ordinance shall for any
reason be held to be invalid or unconstitutional, such decision shall not affect the validity of
Ordinance No. 98-__.
Page 3
the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall
remain in effect, it being the legislative intent that this Ordinance shall stand
notwithstanding the invalidity of any part.
Section 4. Effective Date. This Ordinance shall be effective immediately upon
adoption on second reading.
The foregoing Ordinance was offered by
, who moved its adoption on
first reading. This motion was seconded by
and upon being put
to a vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner Jay R. Beskin
Commissioner Harry Holzberg
Commissioner Jeffrey M Perlow
Commissioner Patricia Rogers-Libert
Vice Mayor Ken Cohen
Mayor Arthur I. Snyder
The foregoing Ordinance was offered by
, who moved its
adoption on second reading. This motion was seconded by
, and upon
being put to a vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner Jay R. Beskin
Commissioner Harry Holzberg
Commissioner Jeffrey M. Perlow
Commissioner Patricia Rogers-Libert
Vice Mayor Ken Cohen
Mayor Arthur I. Snyder
PASSED AND ADOPTED on first reading this 19th day of May, 1998.
Ordinance No. 98-
Page 4
PASSED AND ADOPTED on second reading this 9th day of June, 1998.
ATTEST:
ARTHUR I. SNYDER, MAYOR
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
CITY OF AVENTURA
COMMUNITY SERVICES DEPARTMENT
MEMORANDUM
FROM:
TO:
BY:
DATE: May 11, 1998
SUBJECT: Attached Resolution authorizing the City Manager to enter into an
agreement between the City and Miami-Dade County for water and
sanitary sewer facilities for Aventura Founders Park
May 19,1998 City Commission Meeting Agenda Item.1::..B
Recommendation:
It is recommended that the City Commission adopt the attached Resolution authorizing
the City Manager to enter into an agreement with Miami-Dade County, providing for
water and sewer connection fees, and the associated construction and development
costs associated with the water and sewer lines to service Aventura Founders Park in
the amount of $53,820.09.
Background:
The Water and Sewer Agreement is required to obtain water and sewer services from
the Miami-Dade Water and Sewer Department (WASD). This agreement provides for
the following:
1. Payment of the Miami-Dade connection charges for water and sewer services.
2. Payment for the City's fair share of the costs for development of the water and
sewer lines that service the park.
The connection charges are based upon the average usage of 2,400 gallons per day
multiplied by $6.59 for water and sewer services. This charge totals $15,816.00. The
sanitary sewer and water mains which services Aventura Founders Park was
constructed by a private developer and was dedicated to the Miami-Dade WASD with
the understanding that any future connections made to the sanitary sewer and water
main would be reimbursed for the portion of the lines fronting the property served.
City Commission
May 11, 1998
Page Two
As the City will tap into these lines, the City's fair share cost of the development and
construction charges of the water and sanitary sewer lines totals $2'1,282.29 for water
services and $'16,721.80 sanitary sewer services.
The agreement was reviewed by the City Attorney, Finance Director and the City's
consulting engineers, Keith and Schnars. If you have any further questions or need
additional information, please contact me at your convenience.
RMS/gf
Attachments
RESOLUTION NO.
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY
MANAGER TO EXECUTE THE ATTACHED AGREEMENT
FOR WATER AND SANITARY SEWER FACILITIES WITH
MIAMI-DADE COUNTY IN THE AMOUNT OF $53,82g.09;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City Manager is hereby authorized to execute the attached
Agreement For Water and Sanitary Sewage Facilities with Miami-Dade County in the
amount of $53,820.09.
.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
adoption.
The foregoing Resolution was offered by Commissioner
moved its adoption. The motion was seconded by
put to a vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner Jay R. Beskin
Commissioner Harry Holzberg
Commissioner Jeffrey M. Perlow
Commissioner Patricia Rogers-Libert
Vice Mayor Ken Cohen
Mayor Arthur I. Snyder
immediately upon its
, who
, and upon being
Resolution No.
Page 2
PASSED AND ADOPTED this 19th day of May, 1998.
ARTHURI. SNYDER, MAYOR
ATTEST:
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
KEITH and SCHNARS, P.A.
E N G I N E E R S .. P L A N N E R $ .. S U R V E Y O R S
April 28, 1998
Mr. Bob Sherman
City of Aventura
2999 N.E. 191st Street, Suite 500
Aventura, Florida 33180
COMMUNFFY SERVICE
Executive Summary
Founders Park Water & Sewer Agreement
Keith & Schnars Project No. 15414.00.05044
Dear Bob:
Attached please find a copy of the water and sewer agreement for the Founders Park project. The
water and sewer agreement is required in order to obtain water and sewer service from the Metro-
Dade Water & Sewer Department (WASD). The County, in entering into this agreement, will
provide adequate domestic water service and sanitary sewer service for the Founders Park project.
The City of Aventura will pay connection fees to the City of North Miami Beach or the County for
sewage and water treatment. The water and sewer connection charges will be calculated at the rate
in effect at the time of the actual connection to the County's water and sewer system and it shall be
paid by the City or County prior to the Department's installation of a water meter at Founders Park.
Based on the current County rates, the connection charge would be $15,816.00. The water and
sewer connection charge rates are subject to revision at any time.
The water and sewer system for Founders Park will be connected to the existing Dade County water
and sewer facilities located along the eastern boundary of the City's property. The water main
distribution system and the sanitary sewer collection system shall be constructed in accordance with
Dade County standards and will be subject to inspection and testing as required by WASD. Upon
completion of the sanitary sewer and water facilities, the City will warrantee for a period of one year
from final acceptance that the water and sewer facilities are free from defects in materials and
workmanship.
As part of the water and sewer agreement the City shall indemnify and hold harmless the County for
any liability resulting from the construction and connection to the existing County facilities.
The sanitary sewer and water main which services Founders Park was constructed by a private
developer and was dedicated to the Metro-Dade WASD with the understanding that any future
connections to be made to the sanitary sewer and water main systems would be reimbursed for the
portion of the line fronting the property served. Based on my discussions with Metro-Dade WASD,
there are no exceptions to this provision and the City of Aventura will be required to paid its fair
6500 North Andrews Avenue · Ft. Lauderdale, Florida 33309-2132
(954) 776-1616 · (800) 488-1255 ° Fax (954) 771-7690
Mr. Bob Sherman
Founders Park/15414.00.05004
April 28, 1998 - Page 2
share for the construction connection charges for connection to the water main and sanitary sewer
systems. The City of Aventura's fair share for the connection to the water main system is $12,390.00
plus simple interest at the rate of 12% from June 1992 to the date of payment by the City of
Aventura. The connection charge for the sanitary sewer system is $9,735.00 plus the simple interest
rate of 12% from June 1992 to the date of payment by the City of Aventura. The County agrees to
provide allocation for Founders Park in the amount of 2,400 gallons per day as calculated for the
intended use.
The City agrees to pay the County the prevailing service charges for water supply and sewage
collection and disposal. The water service and sanitary sewer service shall meet all of the
bacteriological testing and design requirements from Metro-Dade WASD, Department of
Environmental Resources Management (DERM) and the State of Florida Department of Health and
Rehabilitative Services (HRS). Upon execution the water and sewer agreement shall be recorded in
the public records of Miami, Dade County, Florida.
I trust the executive summary accurately reflects the terms and conditions of this agreement and if
you have any questions relative to the above, please do not hesitate to call.
Sincerely yours,
KEITH and SCHNARS, P.A.
Engi~~ors
Peter R. Gallo, P.E.
Director of Land Development/Civil Eng.
PRG:ryp
cc: Olivia Jackson - K&S
and SCHNARS,
KEITH and SCHNARS, P.A.
May 7, 1998
Mr. Bob Sherman
City of Aventura
2999 N.E. 191st Street, Suite 500
Aventura, Florida 33180
C0MMUNi'r¥ SERVICE
City of Aventura
Founders Park
Keith & Schnars Project No. 15414.31
Dear Bob:
The following are the water and sewer fees required by Metro-Dade Water and Sewer Department
(WASD) in order to provide service to Founders Park:
Water and sewer connection fees per our letter of 4/28/98 $15,816.00
Fair share contributions for water and sewer as per telephone conversation with Ms.
Ana ResL,epo ot Mctro-Dade Water and Sewer Department.
Page 8, paragraph 13
Page 9, paragraph 14
$21,282.29
16.721.80
Total Amount due as of June I, 1998
$38,004.09
I trust this information is sufficient for processing this water and sewer agreement. If you need any
further clarification, please let us know.
Sincerely yours,
KEITH and SCHNARS, P.A.
Peter R. Gallo, P.E.
Director of Land Development/Civil Eng.
PRG:ryp
CC:
Olivia Jackson - K&S
Suzanne Speich - K&S
6500 North Andrews Avenue · Ft. Lauderdale, Florida 33309-2132
(954) 776-1616 · (800) 488-1255 · Fax (954) 771-7690
CITY OF AVENTURA FOUNDERS PARK IMPROVEMENTS, ID #15415
AGREEMENT
FOR
WATER AND SANITARY SEWAGE FACILITIES
BETWEEN
MIAMI- DADE COUNTY
AND
CITY OF AVENTURA
This instrument prepared by:
Tomas R. Goicouria
Utilities Development
New Business Manager
Miami-Dade Water and Sewer Department
3575 S. LeJeune Road
Miami, Florida 33146-2221
CITY OF AVENTURA FOUNDERS PARK IMPROVEMENTS, ID #15415
THIS AGREEMENT, made and entered into at Miami, Dade County, Florida, this
day of , 19 ., by and between Miami- Dade
County, a political subdivision of the State of Florida, hereinafter, designated as the
"COUNTY," whose mailing address is: cio Miami-Dade Water and Sewer
Department, 3575 S. LeJeune Road, Miami, Florida 33146-2221 and City of
Aventura, a Florida municipal corporation, hereinafter, designated as the "CITY,"
whose mailing address is: 2999 N.E. 191 Street, Suite #500, Aventura, Florida 33180.
WITNESSETH:
WHEREAS, the CITY desires water and sewer service to be rendered to
property owned by the CITY, and
WHEREAS, the Miami-Dade Water and Sewer Department, hereinafter,
designated as the "DEPARTMENT," operates the water and sewage systems owned by
the COUNTY.
NOW, THEREFORE, in consideration of the mutual covenants entered into
between the parties hereto to be made and performed, and in consideration of the
benefits to accrue to each of the respective parties, it is covenanted and agreed to as
follows:
Page 2 of 22
CITY OF AVENTURA FOUNDERS PARK IMPROVEMENTS, ID #15415
1. CITY'S PROPERTY The CITY owns a certain tract of land in Miami-
Dade County, Florida, which is legally described in Exhibit "A" attached hereto and
made a part hereof, hereinafter, sometimes described as the "CITY'S property." The
CITY has requested that the DEPARTMENT render water and sewer service to the
CITY'S property and the COUNTY agrees to do so subject to the terms, covenants and
conditions contained herein.
2. CITY ACKNOWLEDGMENT The CITY hereby acknowledges and
agrees that any right to connect the CITY'S property to the COUNTY'S sewer system is
subject to the terms, covenants and conditions set forth in the Settlement Agreement
between the State of Florida Department of Environmental Protection ("DEP") and
the COUNTY dated February 16th, 1993, the Settlement Agreement between DEP
and the COUNTY dated July 27th, 1993, the First Amendment to Settlement
Agreement between DEP and the COUNTY dated December 21, 1995, the First Partial
Consent Decree and the Second and Final partial Consent Decree United States of
America Environmental Protection Agency (EPA) vs. Metropolitan Dade County
(Case Number 93-1109 CIV-Moreno), as currently in effect or as amended or modified
in the future agreements and all other current, subsequent or future agreements, court
orders, judgments, consent orders, consent decrees and the like entered into
between the COUNTY and the United States, State of Florida er any other
governmental entity, and all other current, subsequent or future enforcement and
regulatory actions and proceedings.
Page 3 of 22
CITY OF AVENTURA FOUNDERS PARK IMPROVEMENTS, ID #15415
3. PROVISION OF SERVICE AND CONNECTION CHARGES The
COUNTY will provide an adequate domestic water supply for the CITY'S property and
will receive and dispose of sanitary sewage from the CITY'S property. The CITY shall
pay the City of North Miami-Beach's (the "CNMB") in-plant fee to said CNMB Upon
submittal to the COUNTY of a receipt from said CNMB acknowledging payment of the
in-plant fee for the CITY'S property, the COUNTY will not assess its water connection
charge. However, if the CNMB does not require payment of its in-plant fee, the CITY
shall pay the COUNTY'S water connection charges. The DEPARTMENT shall not issue
Verification form (a/k/a Plumbing Section forms) and/or water meters installed by
the DEPARTMENT for the CITY'S property without submittal of said receipt from the
CNMB, if required, or payment of the COUNTY'S water connection charges. The
connection charges are based on the average daily gallons per day for the various
building units and/or use as shown on Exhibit "B" attached hereto and made a part
hereof, multiplied by the applicable rates established by the COUNTY. The CITY
intends to construct a recreational park consisting of two (2) tennis courts, a playground
area with one (1) softball/baseball field, two (2) restroom facilities for four hundred
eighty (480) persons. Therefore, the agreed total average daily gallonage is two
thousand four hundred (2,400) gallons. Water and sewer connection charges shall be
calculated at the rates in effect at the time of actual connection to the COUNTY'S water
and sewer systems and shall be paid by the CITY prior to the DEPARTMENT'S
installation of a water meter and/or the rendition of sewer service to the CITY'S
property. Our current connection charge rates are one dollar and thirty-three cents
Page 4 of 22
CITY OF AVENTURA FOUNDERS PARK IMPROVEMENTS, ID #15415
($1.33) and five dollars and twenty-six cents ($5.26) per gallon per day for water and
sewer, respectively. The water and sewer connection charge rates are subject to
revision at any time.
4. POINTS OF CONNECTION The COUNTY owns and operates a twelve
(12) inch water main abutting the eastern boundary of the CITY'S property and a twelve
(12) inch water main located within the CITY'S property from which the CITY shall
install and connect twelve (12) inch water mains throughout the CITY'S property. The
COUNTY also owns and operates a ten (10) inch gravity sewer main abutting the
eastern boundary of the CITY'S property from which the CITY may install and connect
eight (8) inch gravity sewer mains throughout the CITY'S property, provided that there
is sufficient depth and that there are no obstacles which would preclude construction of
the sewer. These matters shall be addressed and resolved by the CITY'S engineer.
Other points of connection may be established subject to approval of the
DEPARTMENT.
5. DESIGN AND CONSTRUCTION OF FACILITIES The CITY at its own
cost and expense shall cause to be designed, constructed and installed all of the
necessary water and/or sewer facilities provided for in this Agreement unless otherwise
specified. The facilities shall include any and all water mains, valves, fittings, fire
hydrants, firelines, service connections, service lines, shutoffs, meter boxes,
gravity sewer mains, laterals, manholes and all appurtenances for a complete
installation. The final design shall be subject to approval of the DEPARTMENT.
Page 5 of 22
CITY OF AVENTURA FOUNDERS PARK IMPROVEMENTS, ID #15415
6. INSPECTION The design and construction of facilities to be owned by
the COUNTY shall conform to the COUNTY standards and regulations. The COUNTY
shall have the right but not the obligation to make engineering inspections of all the
construction work performed by the CITY under the terms of this Agreement including
private facilities not to be conveyed to the COUNTY. Such inspections shall not be
construed to constitute any guarantee on the part of the COUNTY as to the quality and
condition of materials and workmanship. Any inspections by the DEPARTMENT shall
not relieve the CITY of any responsibility for proper construction of said facilities in
accordance with approved plans and specifications. Furthermore, any inspections by
the DEPARTMENT shall not relieve the CITY of any responsibility for the quality and
condition of materials and workmanship.
7. TESTS During construction and at the time when various tests are
required, the COUNTY'S engineer or its authorized representative, together with the
CITY'S engineer and contractor, shall jointly be present to witness tests for
determination of conformance with approved plans and specifications. The CITY shall
notify the COUNTY a minimum of twenty-four (24) hours in advance of the tests.
8. CONSTRUCTION MEETINGS The COUNTY reserves the right to
schedule construction meetings with the CITY'S representatives (Engineer, Project
Manager, Construction Superintendent and others) at a place designated by the
COUNTY with respect to project related matters upon twenty-four (24) hours notice.
Page 6 of 22
CITY OF AVENTURA FOUNDERS PARK IMPROVEMENTS, ID #15415
9. APPROVALS AND PERMITS The CITY shall be fully responsible for
obtaining all required approvals from all appropriate governmental and regulatory
agencies and all necessary permits for all facilities contemplated in this Agreement.
10. COUNTY AS PERMITTEE Certain federal, state and county agencies,
including but not limited to the State of Florida Department of Transportation, the
South Florida Water Management District, the U.S. Army Corps of Engineers and
the Florida East Coast Railroad may require that the COUNTY be named as
permittee for certain construction activities even though the CITY'S contractor will
actually perform the work. To insure that the COUNTY will incur no costs or liability as
a result of being named permittee on such permits, the CITY shall provide sufficient
security as acceptable to the COUNTY which shall indemnify and protect the COUNTY
from all claims, actions, judgments, liability, loss, cost and expense, including
reasonable attorney's fees, related to work performed by the CITY pursuant to such
permits. The security shall be furnished by the CITY or CITY's contractor prior to the
start of construction and shall be in an amount equal to the COUNTY'S cost estimate
for the permit work. The CITY shall have sixty (60) days to resolve any claims by a
permittor. Otherwise, the DEPARTMENT shall be entitled to pay said claims from the
security. The CITY shall be liable for all costs in excess of the security.
11. SERVICE LINES If any of the water service lines required for the CITY'S
property are connected directly to existing mains owned by the COUNTY, those service
Page 7 of 22
CITY OF AVENTURA FOUNDERS PARK IMPROVEMENTS, ID #15415
lines will be installed by COUNTY personnel. The CITY hereby agrees to pay to the
COUNTY its standard service line installation charge prior to any such installation.
12. OWNERSHIP OF WATER METER The COUNTY shall provide, own and
install the required water meter at its own expense as a part of any water service
installation. Ownership by the COUNTY shall terminate at the outlet side of each water
meter.
13. CONSTRUCTION CONNECTION CHARGES The CITY shall pay a
water main construction connection charge equal to fourteen dollars ($14.00) per front
foot of its property which directly abuts a twelve (12) inch water main abutting the
eastern boundary of the CITY'S property and a twelve (12) inch water main located
within the CITY'S property which were installed by other parties. The lengths of front
footage abutting the twelve (12) inch water mains is hereby estimated to be eight
hundred eighty-five (885) lineal feet resulting in an estimated construction connection
charge in the amount of twelve thousand three hundred ninety ($12,390.00) dollars.
Per annum simple interest, at the rate of twelve percent (12%) as authorized, from time
to time, by Section 687.01, Florida Statutes, will accrue on the construction
connection charge from June 9, 1992 to the date of payment by the CITY. The
construction connection charge and interest shall be paid to the COUNTY by the CITY
prior to the installation of the first water meters to the CITY'S property.
Page 8 of 22
CITY OF AVENTURA FOUNDERS PARK IMPROVEMENTS, ID #15415
14. CONSTRUCTION CONNECTION CHARGES The CITY shall pay a
gravity sewer main construction connection charge equal to eleven dollars ($11.00) per
front foot of its property which directly abuts a ten (10) inch gravity sewer main abutting
the eastern boundary of the CITY'S property and a ten (10) inch gravity sewer main
located within the CITY'S property which were installed by other parties. The lengths of
front footage abutting the ten (10) inch gravity sewer mains is hereby estimated to be
eight hundred eighty-five (885) lineal feet resulting in an estimated construction
connection charge in the amount of nine thousand seven hundred thirty-five ($9,735.00)
dollars. Per annum simple interest, at the rate of twelve percent (12%) as authorized,
from time to time, by Section 687.01, Florida Statutes, will accrue on the construction
connection charge from June 9, 1992 to the date of payment by the CITY. The
construction connection charge and interest shall be paid to the COUNTY by the CITY
prior to the provision of sewer service to the CITY'S property.
15. CONDITIONS TO SERVICE In addition to the covenants and conditions
set forth herein, water and sewer service to be rendered by the COUNTY is subject to
the following: (a) issuance of a valid operation permit by the State of Florida for the
COUNTY'S sewage treatment facility serving the CITY'S property which allows
additional connections, (b) sufficient available capacity in the COUNTY'S sewerage
system and connection approval, as specified in paragraph two (2) herein, (c) available
water by the COUNTY. However, in no event will the COUNTY be obligated to supply
any more water or sewage treatment capacity in any one year than is called for by the
building construction schedule attached hereto and made a part hereof as Exhibit "C."
Page 9 of 22
CITY OF AVENTURA FOUNDERS PARK IMPROVEMENTS, ID #15415
Any variation from a said construction schedule which results in increased yeady
demand on the water resources or sewage treatment facility capacity of the COUNTY
not specifically provided for in Exhibit "C" shall be subject to the written approval and
consent of the DEPARTMENT and shall be dependent on the availability of the water
resource and the various restrictions placed on the supply of water or the disposal of
sewage by local, state and federal government agencies and the physical limitations on
the COUNTY'S supply and treatment capacity. If the CITY does not utilize the yearly
amount of water or sewage treatment facility allocation specified in Exhibit "C," said
amount will be available to the CITY in the next calendar year subject to the limitations
and provisions specified herein.
16. ALLOCATION OF CAPACITY. The COUNTY agrees to include the
aforesaid allocation in its regional water supply, production and transmission facilities
and regional sanitary sewer system, once the CITY is granted necessary sewer
allocation, as specified in paragraph two (2) hereinabove. However, it is mutually
agreed and understood by the COUNTY and the CITY that the allocation of capacity by
the COUNTY does not guarantee the ability of the COUNTY to supply water for the
CITY'S property or the ability to receive and dispose of sewage originating from the
CITY'S property. Capacity allocation is subject to local, state and federal agencies and
other regulatory bodies having jurisdiction. In connection therewith, the CITY agrees
that the COUNTY shall not be liable or in any way responsible for any costs, claims or
losses incurred by the CITY as a result of actions by regulatory bodies, which are
related to capacity allocation.
Page 10 of 22
CITY OF AVENTURA FOUNDERS PARK IMPROVEMENTS, ID #15415
17. FACILITIES EASEMENTS If the facilities contemplated herein or any
portion thereof are installed within private property outside of public right-of-way, the
facilities shall be installed in the center of a twelve (12) foot wide easement for water
facilities and fifteen (15) foot wide easement for sewer facilities. If the facilities are not
located in platted easements, then easements shall be granted to the COUNTY by the
CITY prior to the COUNTY'S installation of a water meter and/or the rendition of sewer
service to the CITY'S property.
18. CONVEYANCE OF TITLE Conveyance of all easements shall be by
separate instruments in recordable form as approved by the COUNTY and shall be
accompanied by a written opinion of title by an attorney licensed to practice law in the
State of Florida which states that the CITY is the owner of the property interest to be
conveyed, subject only to liens, encumbrances and restrictions as are acceptable to the
COUNTY. The opinion shall also state that upon execution by the CITY, a valid and
enforceable easement will be vested to the COUNTY. The CITY shall pay for all
recording fees and for all documentary stamps. The details for all conveyances are
specified hereinabove. Failure of the CITY to provide proper conveyances shall be
cause for the COUNTY to refuse to render service to the CITY'S property.
19. DRAWINGS AND CONVEYANCE DOCUMENTS Following completion
of the water and/or sewer facilities contemplated herein for COUNTY ownership, the
COUNTY shall provide conveyance documents to the CITY which may include bills of
sales, releases of liens and grants of easements. All documents must be properly
Page 1'1 of 22
CITY OF AVENTURA FOUNDERS PARK IMPROVEMENTS, ID #154'15
executed, delivered to and accepted by the COUNTY prior to the rendition of water
and/or sewer service by the COUNTY. The CITY shall pay for all recording fees for
conveyance documents delivered to the COUNTY. These conveyances shall be
accompanied by copies of paid bills and/or lien waivers, releases, or satisfactions from
all persons who performed work on CITY'S property and all persons who incorporate
materials into the property, together with a breakdown of the actual cost of said
facilities. Concurrently, the CITY shall furnish the COUNTY with one (1) set of Mylar
as-built drawings showing specific locations and depths among other things, of all
facilities as located by a licensed surveyor, along with four (4) prints of the as-built
drawings which have been sealed by a surveyor and certified by the engineer of record.
Approval by the COUNTY of all required conveyance documents, drawings and survey
specified herein shall constitute final acceptance by the COUNTY of said facilities.
After final acceptance, the facilities shall at all times remain the sole, complete, and
exclusive property of the COUNTY and under the exclusive control and operation of
the COUNTY.
20. WARRANTY AND MAINTENANCE BOND The CITY warrants that the
water and sewer facilities to be owned by the COUNTY shall be free from defects in
materials and workmanship for a period of one (1) year from final acceptance by the
COUNTY. Simultaneously with the conveyance of the water and/or sewer facilities, the
CITY shall deliver to the COUNTY an executed maintenance bond which guarantees
the warranty. If it becomes necessary to repair and/or replace any of the facilities
during the initial one (1) year period, then the warranty as to those items repaired
Page 12 of 22
CITY OF AVENTURA FOUNDERS PARK IMPROVEMENTS, ID #15415
and/or replaced shall continue to remain in effect for an additional period of one (1) year
from the date of final acceptance by the COUNTY of those repairs and/or replacement.
The bond shall be in the amount equal to the sum of those portions of the actual cost of
construction of said facilities as follows:
Types of Facilities
Ductile iron water mains
Percentage of Actual Construction
Cost
25
Gravity sewers 50
The bonds shall have as the surety thereon only such surety company as is acceptable
to the COUNTY and which is authorized to write bonds of such character and amount
under the laws of the State of Florida. A surety company must have a Best's Key
Rating Guide General Policyholder's Rating of "A" or better and a Financial
Category of Class "V" or better or be acceptable to the COUNTY. The attorney-in-
fact or other officer who signs a bond must file with such bond a certified copy of his
power-of-attorney authorizing him to do so. The Maintenance Bond may be written
with the CITY'S contractor as "Principal" and the CITY and the COUNTY as "Co-
obligees" or the COUNTY as sole "Obligee." In the alternative, the CITY may be
named as "Principal" and the COUNTY as "Obligee." The Maintenance Bond shall
remain in force for one (1) year following the date of final acceptance by the COUNTY
of the work done pursuant to this Agreement to protect the COUNTY against losses
resulting from any and all defects in materials or improper performance of work. If there
is no building construction underway within the CITY'S property at the time of
Page 13 of 22
CITY OF AVENTURA FOUNDERS PARK IMPROVEMENTS, ID #15415
conveyance, the COUNTY shall have the right to require that the term of the
Maintenance Bond be extended for a period not to exceed an additional two (2) years.
Upon demand by the COUNTY, the CITY shall cause to be corrected all such defects
which are discovered within the warranty period or periods as set forth above, failing
which the COUNTY shall make such repairs and/or replacements of defective work
and/or materials and the CITY and/or its Surety shall be liable to the COUNTY for all
costs arising therefrom. The CITY also warrants that it shall be solely responsible for
the repair of any damages to said facilities caused by persons in its employment.
21. TERMS OF AGREEMENT Both the CITY and the COUNTY recognize
that time is of the essence and that this Agreement shall be deemed null and void and
unenforceable if the CITY fails to comply with any of the following conditions, where
applicable:
After execution of this
commence within
date. Work shall
Agreement, work on the CITY'S property shall
one hundred eighty (180) days from the execution
be considered to have commenced when a full
complement of workmen and equipment is present at the site to
the construction
day on each full
diligently incorporate materials and equipment into
of the water and/or sewer facilities throughout the
working day, weather permitting.
Once the CITY commences construction on the CITY'S property,
building construction cannot be suspended, abandoned, or not in
Page 14 of 22
CITY OF AVENTURA FOUNDERS PARK IMPROVEMENTS, ID #15415
active progress for a period exceeding one hundred eighty (180)
days.
22. INDEMNIFICATION CLAUSE. The CITY shall indemnify and hold
harmless the COUNTY and its officers, employees, agents and instrumentalities from
any and all liability, losses or damages, including attorneys' 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 actions or proceedings of any kind or
nature arising out of, relating to or resulting from the performance of this Agreement by
the CITY or its employees, agents, servants, partners' principals, contractors and/or
subcontractors. The CITY 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, judgments, 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 Florida Statutes, subject to the previsions of that Statute whereby the
CITY shall not be held liable to pay a personal injury or property damage claim or
judgment by any one person which exceeds the sum of one hundred thousand dollars
($100,000.00), or any claim or judgment or portions thereof, which, when totaled with all
other claims or judgment paid by the CITY arising out of the same incident or
occurrence, exceed the sum of two hundred thousand dollars ($200,000.00) 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 CITY.
Page 15 of 22
CITY OF AVENTURA FOUNDERS PARK IMPROVEMENTS, ID #15415
23. FORCE MAJEURE Should either parties are prevented from performing
any obligations herein, including but not limited to water and/or sewer service, due to or
resulting from a force majeure or inevitable accident or occurrence, such party shall be
excused from performance. As used herein, force majeure shall mean an act of God
which includes but is not limited to sudden, unexpected or extraordinary fomes of
nature such as floods, washouts, storms, hurricanes, rites, earthquakes, landslides,
epidemics, explosions or other forces of nature. Inevitable accidents or occurrences
shall mean those which are unpreventable by the either party and shall include but not
be limited to strikes, lockouts, other industrial disturbances, wars, blockades, acts
of public enemies, insurrections, riots, federal, state, county and local
governmental restraints and restrictions, military action, civil disturbances,
explosions, conditions in federal, state, county and local permits, bid protests,
manufacturing and delivery delays, unknown or unanticipated soil, water or
ground conditions and cave-ins, or otherwise: and other causes reasonably beyond
the control of either party, whether or not specifically enumerated herein.
24. SERVICE CHARGES The CITY agrees to pay to the COUNTY the
prevailing service charges for water supply and fire protection, sewage collection and
disposal within the CITY'S property as may be applicable until the responsibility for
payment of said charges is properly transferred in accordance with the COUNTY'S
regulations.
Page 16 of 22
CITY OF AVENTURA FOUNDERS PARK IMPROVEMENTS, ID #15415
25. USE OF FACILITIES BY COUNTY The COUNTY reserves the right to
make full use of the water and/or sewer facilities to be owned by the COUNTY as
contemplated herein to serve other customers at any time.
26. OPINION OF TITLE With the execution of this Agreement, the CITY at
its own expense shall deliver to the DEPARTMENT an opinion of title for the CITY'S
property, written by a qualified attorney, licensed to practice law in the State of Florida,
which states that the CITY owns fee simple title to the property referred to herein.
27. BACTERIOLOGICAL TESTS AND INDEMNIFICATION The State of
Florida Department of Environmental Protection requires that prior to the rendition
of any new water service by the DEPARTMENT, bacteriological tests must be
performed. It is the responsibility of the CITY to comply with all such requirements and
to obtain all necessary approvals. In addition, the use of floating meters for
construction purposes is subject to State of Florida requirements and approval by
Miami-Dada County. The CITY may request approval for the use of floating meters
prior to actual conveyance of title to the facilities to the COUNTY. However, the
COUNTY may be required to execute documents to the Department of Environmental
Resources Management (D.E.R.M.) or State of Florida Department of Health and
Rehabilitative Services (H.R.S.) which state that the COUNTY has accepted title to
the facilities. If the COUNTY is required to execute such documents, the CITY agrees
to indemnify and hold the COUNTY harmless from and against all claims, actions,
Page 17 of 22
CITY OF AVENTURA FOUNDERS PARK IMPROVEMENTS, ID #15415
judgments, damages, loss, cost and expense including reasonable attorneys' fees
which may be incurred by the COUNTY in connection with the rendition of water service
through the facilities constructed and installed by the CITY prior to conveyance of title
to the COUNTY, including but not limited to those which result from failure to properly
maintain and repair the water facilities, to the extent of the limitations included within
Florida Statutes, Section 768.28, subject to the previsions in this act whereby the
CITY shall not be liable to pay a personal injury or property damage claim or judgments
by any one person which exceeds the sum of one hundred thousand dollars
($100,000.00), or any claim or judgments or portions thereof, which, when totaled with
all other claims or judgments paid by the CITY, arising out of the same incident or
occurrence, exceeds the sum of two hundred thousand dollars ($200,000.00) from any
and all personal injury or property damage claims, liability, losses and causes of actions
which may arise solely in connection with the rendition of water service through the
facilities constructed and installed by or for the CITY, prior to conveyance of title to the
COUNTY.
28. ASSIGNMENT OF AGREEMENT No right to any water supply and
sewage disposal service commitment provided for in this Agreement shall be
transferred, assigned or otherwise conveyed to any other party without the express
written consent of the Director of the DEPARTMENT or his designee except as noted
below. The consent of the DEPARTMENT shall not be required in connection with the
sale, lease or other conveyance of property or any residential units or commercial
establishments to any party who will be the ultimate user of the property, including but
Page 18 of 22
CITY OF AVENTURA FOUNDERS PARK IMPROVEMENTS, ID #15415
not limited to a bona fide purchaser, lessee, resident or occupant. The intent of this
paragraph is to require consent of the DEPARTMENT for assignments or transfers of
any water and sewage disposal capacity allocation to any party who holds such
property as an investment for resale or who intends to develop for sale a portion of the
CITY'S property, so that the COUNTY can adequately determine the demand for water
and sewage disposal capacity and plan for the fair and equitable allocation of water and
sewage disposal capacity among the residents of Dade County. Consent, when
required, shall not unreasonably be withheld by the DEPARTMENT. If the CITY'S
property is transferred or conveyed, the CITY shall remain liable to the COUNTY for all
sums of money and all obligations due hereunder unless released in writing by the
COUNTY.
29. ENTIRE AGREEMENT This Agreement supersedes all previous
agreements and representations, whether oral or written, between the CITY and the
COUNTY and made with respect to the matters contained herein and when duly
executed constitutes the complete Agreement between the CITY and the COUNTY.
30. NOTICE All notices given pursuant to this Agreement shall be mailed by
United States registered or certified mail to the parties at the addresses specified on
Page 1 of this Agreement or addresses otherwise properly furnished.
Page 19 of 22
CiTY OF AVENTURA FOUNDERS PARK IMPROVEMENTS, ID #15415
31. RECORDING OF AGREEMENT This Agreement is being recorded in
the Public Records of Miami - Dade County, Florida, for the particular purpose of
placing all owners and occupants, their successors and assigns, upon notice of the
provisions herein contained.
Page 20 of 22
CITY OF AVENTURA FOUNDERS PARK IMPROVEMENTS, ID #15415
IN WiTNESSETH WHEREOF, the parties hereto have caused this instrument to
be executed by their respective officials as of the day and year above written.
WITNESSETH:
signature
print name
signature
print name
MIAMI- DADE COUNTY
By:.
Rick Herrera, P.E., Chief
Utilities Development Division
Miami-Dade Water and Sewer Department
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this day of
., 19 , by Rick Herrera, P.E., Chief, Utilities Development
Division, of the Miami-Dade Water and Sewer Department, who is personally known to
me and did not take an oath.
NOTARY PUBLIC
Page 21 of 22
CITY OF AVENTURA FOUNDERS PARK IMPROVEMENTS, ID #15415
CITY OF AVENTURA, FLORIDA
By:
Eric M. Soroka, City Manager
Attest:
Teresa M. Smith, CMC, City Clerk
Approved as to Legal Sufficiency:
By:
City Attorney
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me that day of
,19 , by Eric M. Soroka, City Manager of
The City of Aventura, a Florida Municipal Corporation, on behalf of the
corporation, who is personally known to me and did not take an oath.
NOTARY PUBLIC
Approved for Sufficiency of Execution Only:
Assistant County Attorney
CITY OF AVENTURA FOUNDERS PARK IMPROVEMENTS, ID #15415
EXHIBIT "A" OF AGREEMENT
BETWEEN
MIAMI- DADE COUNTY
AND
CITY OF AVENTURA
LEGAL DESCRIPTION
A PORTION OF TRACT JJ OF FIFTH ADDITION, BISCAYNE YACHT AND
COUNTRY CLUB, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT
BOOK 99, PAGE 20, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA,
BEING DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID TRACT J J: THENCE NORTH
03 00' 33" WEST ALONG THE WEST LINE OF SAID TRACT JJ FOR 293.46 FEET:
THENCE NORTH 81 46' 45" EAST FOR 135.49 FEET; THENCE NORTH 73 25' 35"
EAST FOR 610.11 FEET TO THE EAST LINE OF SAID TRACT J J: THENCE SOUTH
09 08' 24" WEST ALONG THE EAST LINE OF SAID TRACT JJ FOR 465.95 FEET
TO THE SOUTHEAST CORNER OF SAID TRACT J J: THENCE SOUTH 87 35' 46"
WEST ALONG THE SOUTH LINE OF SAID TRACT JJ FOR 630.00 FEET TO THE
POINT OF BEGINNING.
EXCEPT THAT PORTION OF TRACT JJ OF FIFTH ADDITION BISCAYNE YACHT
AND COUNTRY CLUB, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN
PLAT BOOK 99, AT PAGE 20, OF THE PUBLIC RECORDS OF DADE COUNTY,
FLORIDA, DESCRIBED AS FOLLOWS:
COMMENCE AT THE N.W. CORNER OF SAID TRACT J J: THENCE SOUTH 03 00'
33" EAST ALONG THE WEST LINE OF SAID TRACT JJ FOR 7.51 FEET TO A
POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF STATE ROAD 852: THENCE
NORTH 81 46' 45" EAST ALONG SAID SOUTHERLY RIGHT OF WAY LINE OF
STATE ROAD 852 FOR 80.00 FEET TO THE POINT OF BEGINNING OF THE
PARCEL OF LAND HEREINAFTER DESCRIBED: THENCE CONTINUE NORTH 81
46' 45" EAST ALONG SAID SOUTHERLY RIGHT OF WAY LINE OF STATE ROAD
852 FOR 36.00 FEET: THENCE SOUTH 08 13' 15" EAST FOR 64.00 FEET: THENCE
SOUTH 81 46' 45" WEST FOR 36.00 FEET: THENCE NORTH 08 13' 15" WEST FOR
64.00 FEET TO THE POINT OF BEGINNING.
"A" I of I -
DADE COUNTY / SEC. 3-52-42
630'
S,E, Corner, S.~/, 1/4, N,E. 1/4, Sec,
A PDRTIDN OF THE S. 1/2, N.E. 1/4, SEC. 3 TWP. 52 SDUTH RANGE 42 EAST
EXHIBIT "A"- 1
LOCATION SKETCH FOR: CITY DF AVENTURA PARK INPRDVEHENT
DRAWN: EC6 CHECKED: SCALE: 1" = 300' DATE: 1/29/98
MIAMI - DADE WATER AND SEWER DEPARTMENT
CITY OF AVENTURA FOUNDERS PARK IMPROVEMENTS, ID #15415
EXHIBIT "B" OF AGREEMENT
BETWEEN
MIAMI- DADE COUNTY
AND
CITY OF AVENTURA
SCHEDULE OF DALLY RATED GALLONAGE FOR
VARIOUS OCCUPANCY
TyPes of Building Usaqes
Adult Congregate Living Units
Airport
Apartments
Banquet Hall
Barber Shop
Bars and Cocktail Lounges
Beauty Shop
Bowling Alleys
Camper or R.V. Trailer Park
Car Wash
a) Recycling-Type
b) Hand-Type
Coin Laundry
Country Clubs
Dental Office
Drive-in Theaters
Duplex
Factories with showers
Factories without showers
Food Preparation Outlets
(Bakeries, Meat Markets, Commissaries)
"B" 1 of 3
100 gpcd
5 gpd/passenger;
'10 gpd/employee
200 gpd
25 gpd/seat
10/100 g pd/sq, ft.
15 gpd/seat (stool)
75 gpd chair
100 gpd/lane
150 gpd/space
750 gpd/bay
3500/bay
225 gpd/machine
25 gpcd/member
250 gpd/dentist &
200 gpd/wet chair
5 gpd/car space
250 gpd/unit
20 gpd/100 sq. ft.
10 gpd/100 sq. ft.
350 gpd minimum
50 gpd/100 sq. ft.
CITY OF AVENTURA FOUNDERS PARK IMPROVEMENTS, ID #15415
Types of Buildinq Usaqes
Funeral Homes
Gas Stations/mini-marts
Health Spas & Gym
Hospitals
Hotels and Motels
House of Worship
Kennel
Marinas
Mobile Home Residences/Park
Motor Vehicle Service Station
Movie Theaters, Auditoriums, Churches
Nursing/Convalescent Homes
Office Buildings
Pet Grooming
Physician Office/Public Institutions
(other than those listed herein)
Public Parks with toilets
Public Parks with showers and toilets
Public Swimming Pool
Restaurants (Full-Service)
Restaurants (Fast-Food)
Restaurants (Take-Out)
Schools
a) Day care/nursery
b) Regular school
c) with cafeteria, add:
d) with showers, add:
e) teachers and staff
"B" 2 of 3
'10 gpd/100 sq. ft.
450 gpd
35 gpd/100 sq. ft.
250 gpd/bed
100 gpd/room
3 gpd/seat
30 gpd/cage
40 gpd/boat slip
300 gpdlunit
10 gpd/100 sq. ft.
3 gpd/seat
150 gpd/bed
10 gpd/100 sq. ft.
10 gpd/100 sq. ft.
75 gpd/tub
250 gpd/physician
5 gpdlperson
20 gpd/person
10 gpd/person
350 gpd minimum;
50 gpd/seat
350 minimum;
35 gpd/seat
350 gpd minimum
50 gpd/100 sq. ft
5 gpd/student
10 gpd/student
5 gpd/student
5 gpd/student
15 gpd/student/staff
CITY OF AVENTURA FOUNDERS PARK IMPROVEMENTS, ID #15415
Tvl3es of Buildino Usaqes
Shopping Centers(day uses)
Single Family Residence
Speculation Buildings/industrial warehouse
Stadiums, Frontons, Ball Parks, race tracks, etc.
Storage or Mini-Warehouse
Stores without food service
Townhouse Residence
Veterinarian Office
a) per veterinarian
b) with kennels
Warehouses
5 gpd/100 sq. ft.
35O gpd
20 gpd/1000 sq. ft.
3 gpd/seat
5 gpd/1000 sq. ft.
5 gpd/100 sq. ft.
250 gpd
250 gpd
30 gpd/cage
20 gpd/1000 sq. ft.
Legend:
gpcd - gallons per capita per day
gpd - gallons per day
NOTES:
(a) Sewage gallonage refers to sanitary sewage flow on unit basis for
daily flow in gallons per day.
(b) Condominiums shall be rated in accordance with the type of (apartment, townhouse, etc.)
"B" 3 of 3
CITY OF AVENTURA FOUNDERS PARK IMPROVEMENTS, ID# 15249
EXHIBIT "C" OF AGREEMENT
BETWEEN
MIAMI- DADE COUNTY
AND
CITY OF AVENTURA
BUILDING CONNECTION SCHEDULF
Units
Gallonage
Completion of
Building Connection
Construct a recreational
park consisting of (2) tennis
courts, a playground area with
(1) softball/baseball field, (2)
restroom facilities for (480)
persons
2,400
1998-1999
"C" 1 of 1
TO:
FROM:
DATE:
SUBJECT:
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
City Commission (~ (',,
Eric M. So roka, Ci~
May 12, 1998 ~
Traffic Control Jurisdiction Agreement - Delvista Towers
May 19, 1998 City Commission Meeting Agenda Item
RECOMMENDATION
It is recommended that the City Commission authorize the execution of the attached
Traffic Control Jurisdiction Agreement with the Delvista Towers 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 force 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 Commission
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
CC0572-98
RESOLUTION NO. 98-._
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY
MANAGER TO EXECUTE THE ATTACHED TRAFFIC
CONTROL JURISDICTION AGREEMENT BETWEEN
DELVlSTA TOWERS 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 COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City Manager is hereby authorized to execute the attached
Traffic Control Jurisdiction Agreement between Delvista Towers 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 Commissioner , who
moved its adoption. The motion was seconded by Commissioner , and
upon being put to a vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner Jay R. Beskin
Resolution No. 98-__
Page 2
Commissioner Harry Holzberg
Commissioner Jeffrey M. Perlow
Commissioner Patricia Rogers-Libert
Vice Mayor Ken Cohen
Mayor Arthur I. Snyder
PASSED AND ADOPTED this 19th day of May, 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 ¢¢ day of
by and between ,--:~.,,~.V~6 T/t -'~.u~-~-.5' ~/4~.~..n,~!~u ~n ~.~ ~
(the "O~e(') and the City of Aventura, Florida,
"Cit~').
RECITALS
A. O~er o~s fee simple title to all the private roadways within the area
described as follows:
· 199_~,
a Florida municipal corporation (the
B. Owner desires the City to exercise traffic control jurisdiction over the Private
Roads, and City desires to exercise such traffic control jurisdiction, pursuant to Florida
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.
of Dade County, Florida, and commonly known as
(the "Private Roads")·
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 Depadment 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 Private 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 sigr~age.
(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 ;rom 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 services 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
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 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 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 thidy (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 padies 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 in 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 asseded, 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 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 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 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
10 the presence of:
OWNER:
ATTEST:
Teresa M. Smith, CMC
City Clerk
Approved as to Legal Sufficiency:
CITY OF AVENTURA, a Florida
Municipal corporation
By
Eric M. Soroka
City Manager
City Attorney
5
Exhibit A
Patrol
Aventura Police Officers in marked police vehicles or motorcycles will patrol the
private roads ofthe~:~_,?~T'.4-i-~,~'~ ~,.~bo,-~,~;,z~n ~t~c. -T,!~. 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
Compensation
The City will bill the Owner $25.00 per hour for each officer required to perform
the requested traffic enforcement detail.
TO:
FROM:
DATE:
SUBJECT:
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
City Commission ty~r
Eric M. Soreka, Ci
May 1, 1998 ~
Ordinance Amending 1997198 Budget
Ist Reading May 5, 1998 City Com..mission Meeting Agenda Item
2"d Reading May 19, 1998, 1998 City Commission Meeting Agenda Item ~'~,~/-
RECOMMENDATION
It is recommended that the City Commission adopt the attached Ordinance amending
the 1997/98 Budget to fund the Williams Island Boulevard Capital Improvements by
recognizing $411,000.00 in additional General Fund revenues.
BACKGROUND
In order to fund the Williams Island Boulevard Capital Improvements Bid Award, the
following funding requirements are necessary:
Bid Award
Continger~cy
Engineering / Surveying
$1,472,265.52
$ 40,734.48
$ 73,000.00
Sub Total
$1,586,000.00
Original Budget
Short Fall
($ 1,175,000.00)
$ 411,000.00
Based on the six month review of the 1997/98 revenue forecasts, the following
additional revenues can be recognized and used to fund the short fall:
Utility Tax -Electdc
Occupational Licenses
Court Fines
$ 305,000.00
$ 33,00O.0O
$ 73,OO0.0O
$ 411,000.00
The additional utility tax for Electric was available from the Debt Service Fund.
It was originally anticipated that the Revenue Bond would be issued in January. It is
now anticipated that this will occur in June or July. Therefore, the revised schedule
results in $305,000.00 of Electric Utility Tax Revenue becoming available for use by the
General Fund.
In addition to recognizing additional revenue, the Budget Amendment transfem
$300,000.00 from the Beautification projects line item and $325,000.00 from Street
Lighting previously earmarked for Williams Island Road to the N.E. 183'd Street Line
Item. This was done to consolidate all funds associated with the project in one line item
for improved accounting purposes. Upon the adoption of the budget amendment, the
General Fund will contain $1,311,000.00 and the Utility Fund will contain $275,000.00
for the Williams Island Road Project.
If you have any questions, please feel free to contact me.
EMS/aca
Attachment
CC0565-98
ORDINANCE NO. 98-._
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE
NO. 97-25, WHICH ORDINANCE ADOPTED A BUDGET
FOR THE 1997/98 FISCAL YEAR BY REVISING THE
1997198 FISCAL YEAR OPERATING AND CAPITAL
BUDGET AS OUTLINED IN EXHIBIT "A" ATTACHED
HERETO; AUTHORIZING THE CITY MANAGER TO DO
ALL THINGS NECESSARY TO CARRY OUT THE AIMS
OF THIS ORDINANCE; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, upon the periodic review and analysis of current budgetary
commitments and obligations, and based upon the projected needs and requirements
of the City and upon the recommendations of the City Manager (and the concurrence of
the Finance Support Services Director as to Accounting Principles), it is deemed
necessary to adjust, amend and implement the 1997198 Operating and Capital Budget
as set forth in Exhibit "A" attached hereto and made a part hereof.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1~ The recitals contained in the preamble to this Ordinance are
incorporated by reference herein.
Section2. The City Commission hereby authorizes the amendment of
Ordinance No. 97-25, which Ordinance adopted a budget for the 1997/98 fiscal year,
by revising the 1997/98 budget as set forth on the attached Exhibit "A", which exhibit is
deemed incorporated by reference as though set forth in full herein.
Section 3. The City Manager is hereby authorized to do all things necessary
to carry out the aims of this Ordinance.
Ordinance No. 98-__
Page 2
Section4. Effective Date. This Ordinance shall be effective
immediately upon adoption on second reading.
The foregoing Ordinance was offered by Commissioner Beskin, who moved its
adoption on first reading. This motion was seconded by Commissioner Berger, and
upon being put to a vote, the vote was as follows:
Commissioner Arthur Berger yes
Commissioner Jay R. Beskin yes
Commissioner Harry Holzberg yes
Commissioner Jeffrey M. Perlow yes
Commissioner Patricia Rogers-Libert yes
Vice Mayor Ken Cohen yes
Mayor Arthur I. Snyder yes
The foregoing Ordinance was offered by
adoption on second reading. This motion was seconded by
being put to a vote, the vote was as follows:
, who moved its
, and upon
Commissioner Arthur Berger
Commissioner Jay R. Beskin
Commissioner Harry Holzberg
Commissioner Jeffrey M. Perlow
Commissioner Patricia Rogers-Libert
Vice Mayor Ken Cohen
Mayor Arthur I. Snyder
PASSED AND ADOPTED on first reading this 5th day of May, 1998.
PASSED AND ADOPTED on second reading this 19th day of May, 1998.
ATTEST:
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
ARTHURI. SNYDER, MAYOR
2
EXHIBIT A
Budget Amendment
REVENUES
Locally Levied Taxes t-9
314100 Utility Tax-Electric
SUBTOTAL
General Fund - 01
1,530,000 305,000 1,835,000
321100
Licenses & Perm;ts 2-9
City Occupational Licenses
SUBTOTAL
418,000 33,000 451,000
351100
Fines & Forfeitures 5-9
County Court Fines
SUBTOTAL
Total Amendments-Revenues
35,000 73,000 108,000
EXPENDITURES
CAPITAL BUDGET
PROJECT APPRORPIATION
80-XXX
6-60-6601
6-60-6609
6-6O-66O7
Community Services - 539
Beautification Projects
NE 183rd Street
Lighting Improvements
SUBTOTAL
2,185,000 (300,000) 1,885,000
275,000 1,036,000 1,311,000
500,000 (325,000) 175,000
Total Amendments-Expenditures
EXHIBIT A
DEBT SERVICE FUND - 30
REVENUES
1-9-314100 Utility Tax- Electric
6-9-361t00 Interest on Investments
SUBTOTAL
Total Amendments-Revenues
EXPENDITURES
7-70-7130 Principal
7-70-7230 Interest
7-70-7240 Other Debt Service Costs
SUBTOTAL
Total Amendments-Expenditures
875,000 (305,000) 570,000
25,000 (20,000) 5,000
50,000 (50,00O) 0
844,000 (275,000) 569,000
6,000 0 6,000
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
City Commission
Eric M. Soroka, City~.a~dg~r
May 1, 1998
Rifkin / Narragansett South Florida CATV Limited Partnership, Cable
Television Franchise Agreement
Ist Reading May 5, 1998 City Commission Meeting Agenda Item ...¢.._~
2nd Reading May 19, 1998 City Commission Meeting Agenda Item
RECOMMENDATION
It is recommended that the City Commission authorize the execution of the attached
Cable Television Franchise Agreement with Rifkin / Narragansett South Florida CATV
Limited Partnership.
BACKGROUND
The attached Franchise Agreement represents the second such agreement with the
City. Rifkin / Narragansett South Florida CATV Limited Partnership was known as
Goldcoast Cable and now Cablevision Communications. They serve only Aventura
Lakes at this time. The Agreement is similar to the Comcast Cable Television
Franchise Agreement previously approved by the City Commission.
The following represents the major points of the Franchise Agreement:
Term - Ten years. It may be extended up to fifteen years provided
Franchisee meets required technological improvements to the system and
upgrades or rebuilds the system to maintain state-of-the-ad capabilities.
Insurance - Establishes requirements in accordance with the City's Cable
Ordinance.
Construction Bond - Establishes a $50,000 bond to insure that any
damage to public property is repaired.
1
Uses of City Streets - Establishes requirements and standards.
Minimum System Facilities and Technical Standards - The minimum
system facilities, services and technical standards are established and
outlined in the Agreement.
Government Cable Services - In lieu of live or taped cablecasting of
Commission Meetings, the City will receive a financial grant in the amount
equivalent to the cost incurred by Comcast calculated on a prorata per
subscriber basis.
School Commitments - Public and private schools serving grades
kindergarten through 12 in the City will be provided free cable service,
internet access and educational program listings. Training programs will
also be held free of charge to educate teachers about online and cable
services.
Access Channels - Up to two access channels will be provided to the
City installed and linked to the new Government Center for the following
purposes:
Cablecasting Commission Meetings.
Educational Purposes.
Government purposes (i.e., special events, City information, and
programming).
Access Facilities~ Equipment and Support - Franchisee will provide the
following:
Funds to pumhase equipment to permit both live and delayed
cablecast of all City Commission Meetings (estimated at $10,000).
State-of-the-art character generator to permit transmission of public
service messages from the Government Center to all subscribers.
Training for City personnel to operate the equipment.
Franchisee will cablecast live 12 municipal or civic events per year
that are no longer than four hours in duration.
Provide the City with a videocassette of every event and
Commission Meetings.
Provide advertising time for City sponsored events on cable
channels with a value of no less than $10,000 per year.
Provide studio facilities, if available, for use by the City and schools
for government and access channel programming.
10.
Franchise Fee - Franchisee shall pay to the City a franchise fee of 5% of
gross revenues. In the event federal law changes to an amount greater
than 5%, the City may request Franchisee to pay the higher amount. The
franchise fees may be audited by the City.
11.
Financial Records and Facilities - Establishes the right of the City to
inspect Franchisee's financial records and facilities to determine
compliance with the Agreement.
12.
Customer Service Requirements - Requires Franchisee to comply with
each of the Customer Service Requirements set forth in the City's Cable
Television Ordinance.
13.
Transfer and Removal of Franchise - Provides for the 3recedures to
transfer or renew the Franchise Agreement.
14.
Rates - Franchisee must provide at least 30 days pnor notice to
subscribers and the City to increase rates for basic cable services.
Franchisee shall at all times charge nondiscriminatory rates throughout
the City and will not engage in predatory pricing or any anti-competitive
business practices.
15.
Security Fund - Franchisee shall provide a letter of credit, bond or a
security fund to cure defaults and pay any liquidated damages.
16.
Enforcement Remedies - Provides specific requirements in terms of
liquidated damages for failure to comply with the terms of the Franchise
Agreement.
17.
Area Wide - Interconnection - The City maintains the right to request
Franchisee to interconnect with any or all other cable systems in the City
to permit interactive transmission and reception of program material.
I would like to take this opportunity to thank Ila L. Feld, of Liebowitz and Associates,
P.A., for her and the firm's guidance and assistance in this process. In addition, the
representatives from Cablevision Communications should be recognized for their
cooperation in the finalization of this Agreement.
If you have any questions, please feel free to contact me.
EMS/aca
Attachment
CC0563-98
ORDINANCE NO. 98-._
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA, AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATTACHED CABLE FRANCHISE
AGREEMENT BY AND BETWEEN THE CITY AND
NARRAGANSETT SOUTH FLORIDA CATV LIMITED
PARTNERSHIP (CABLEVlSlON COMMUNICATIONS)
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS
ORDINANCE; AND PROVIDING AN EFFECTIVE DATE.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. The City Manager is hereby authorized to execute the attached
Cable Franchise Agreement (the "Agreement) by and between the City and
Narragansett south Florida CATV Limited Partnership (Cablevision Communications)
and to do all things necessary to carry out the aims of this Ordinance.
Section 2. This Agreement is hereby granted and approved.
Section 3. Effective Date. This Ordinance shall take effect and be in force
immediately upon its passage and adoption on second reading.
The foregoing Ordinance wes offered by Vice Mayor Cohen, who moved its
adoption on first reading. This motion was seconded by Commissioner Rogers-Libert
and upon being put to a vote, the vote was as follows:
Commissioner Arthur Berger yes
Commissioner Jay R. Beskin yes
Commissioner Harry Holzberg yes
Commissioner Jeffrey M. Perlow yes
Commissioner Patricia Ro~bert yes
Vice Mayor Ken Cohen yes
Mayor Arthur I. Sayder ye_,~.
Ordinance No. 98-
Page 2
The foregoing Ordinance was offered by
, who moved its
adoption on second reading. This motion was seconded by
, and upon
being put to a vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner Jay R. Beskin
Commissioner Harry Holzberg
Commissioner Jeffrey M. Perlow
Commissioner Patricia Rogers-Libert
Vice Mayor Ken Cohen
Mayor Arthur I. Snyder
PASSED AND ADOPTED on first reading this 5th day of May, 1998.
PASSED AND ADOPTED on second reading this 19th day of May, 1998.
ATTEST:
ARTHUR I. SNYDER, MAYOR
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY A'I-FORNEY
JOSEPh A. BELISLE
JANE M. FAGAN
ILA L. FELD
EDWARD S. HAMMERMAN*
ALLISON K. H~FT
MATTHEW L. IEIBOWITZ
LE~BOWITZ ~: J{_S$OCIJ~.TES,
SUITE 1450
SUNTRUST INTERNATIOh~AL CENTER
ONE SOL!THEAST THIRD AVENUE
TELEPHONE (305) 530-13~2
TELECO~IER (305) 530-9417
E-N~AIL Broadlaw@aoi.com
May 7, 1998
Via Fedex
Eric M. Soroka, City Manager
City of Aventura
Government Center
2999 N.E. 191st Street
Suite 500
Aventura, FL 33180
Re: City of Aventura, Florida- Cablevision
Cable Television Franchise Agreement
Dear Eric:
Enclosed please find an unmarked copy of the Franchise Agreement between the
City of Aventura and Cablevision, scheduled for Second Reading on May 19, 1998.
PleaSe note that the revisions have been made from the previous draft as listed below.
Page 1, correction to scrivener's error correcting franchisee's
corporate name.
Page 21, per previous agreement with franchisee, insertion
of "use of best efforts".
Page 22, correction to scrivener's error with respect to
punctuation of number of advertising spots.
Mr. Eric M. Soroka
May 7, 1998
Page 2
Please do not hesitate to call should you have any questions with respect to this
matter.
Sincerely,
Ila L. Feld
ILF/db
Enclosures
(3 copies of Franchise Agreement)
cc: Anthony Bello, Cablevision
David Wolpin, Esq.
(via Fedex)
C:~25~Aventura\Genera~Soroka.05.07.98.wpd
LEIBOWITZ & ASSOCIATES,
SUITE 1450, ONE SOUTHEAST THIRD AVENUE, MIAMI, FLORIDA 3313[-I715 · TELEPHONE (305) 530-13~2
FOR DISCUSSION PURPOSES ONLY
Draft Date: 05/07/98
CITY OF AVENTURA, FLORIDA
FRANCHISE AGREEMENT
TABLE OFCONTENTS
Section
Section 1.
Section 2.
Section 3.
Section 4.
Section 5.
Section 6.
Section 7.
Section 8.
Section 9.
Section 10.
Section 11.
Section 12.
Section 13.
Page
Definitions ...................................................... 3
Grant of Franchise ............................................... 4
Term of Franchise ................................................ 5
Non-Exclusive Franchise ........................................... 5
Franchise Subject to Communications Act, State Law and Ordinance ........ 5
Franchisee Subject To Other Laws, Police Power ........................ 6
Reservation of Rights ............................................. 6
Insurance ....................................................... 7
Indemnification of the Ci_ty ......................................... 7
Construction Bond ................................................ 9
Use of Streets ................................................... 9
Minimum System Facilities and Services ............................. 11
Technological Improvements to System .............................. 16
J_
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Section 14.
Section 15.
Section 16.
Section 17.
Section 18.
Section 19.
Section 20.
Section 21.
Section 22.
Section 23.
Section 24.
Section 25.
Section 26.
Section 27.
Section 28.
Section 29.
Section 30.
Section 31.
Section 32.
Technical Standards ............................................. 17
Proof of Performance Tests ....................................... 18
Access Channels and Facilities ..................................... 19
Commercial Leased Access ........................................ 24
Emergency Use of Facilities ....................................... 24
Lock-out Devices ............................................... 24
Closed-circuit Captioning for the Hearing Impaired .................... 24
Line Extension Policy ............................................ 25
Cable Home Wiring Commitments .................................. 25
Franchise Fee ..................................................... 25
Reports and Records ............................................. 28
Right to Inspect Financial Records and Facilities ...................... 28
Customer Service Requirements .................................... 29
City Purchase of Cable System ..................................... 29
Modification of Franchise ......................................... 29
Transfer of Franchise ............................................ 30
Procedures for Requesting Approval of Transfer. 30
Renewal of Franchise ............................................ 33
Rates ......................................................... 34
Section 33.
Section 34.
Section 35.
Section 36.
Section 37.
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Securit~ Fund .................................................. 34
Enforcement Remedies ........................................... 37
Area wide-Interconnection ........................ 39
Written Notice of Acceptance ...................................... 40
Execution in Counterpart ......................................... 40
iii
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FOR DISCUSSION PURPOSES ONLY
CABLE TELEVISION FRANCHISE AGREEMENT
BETWEEN THE CITY OF AVENTURA, FLORIDA AND RIFKIN/
NARRAGANSETT SOUTH FLORIDA CATV LIMITED PARTNERSHIP
A FRANCHISE AGREEMENT ENTERED INTO BETWEEN THE
CITY OF AVENTURA, FLORIDA, AND
RIFKINfNARRAGANSETT SOUTH FLORIDA CATV LIMITED
PARTNERSHIP clfo/a CABLEVISION COMMUNICATIONS,
PURSUANT TO THE CITY OF AVENTURA, FLORIDA CABLE
TELEVISION ORDINANCE NO. 97-20 AS AMENDED BY
ORDINANCE NO.98- AND GRANTING A FRANCHISE TO
OWN, OPERATE AND MAINTAIN A CABLE TELEVISION
SYSTEM IN THE CITY OF AVENTURA, FLORIDA, AND
SETTING FORTH CONDITIONS ACCOMPANYING THE
GRANT OF SUCH FRANCHISE AND PROVIDING FOR
REGULATION AND USE OF SUCH SYSTEM.
THIS AGREEMENT, effective this __ day of
, 1998, is by and
between the CITY OF AVENTURA ("the City") and RIFKIN/NARRAGANSETT South Florida
CATV Limited Parmership d/b/a Cablevision Communications CCablevision").
WHEREAS, pursuant to the Communications Act of 1934, as amended, 47 U.S.C. §§521
et seq., the City may grant or renew a franchise to construct, operate and maintain a cable
television system; and
WHEREAS, on September 2, 1997, the City Council of Aventura, Florida ("Council"),
adopted Ordinance No. 97-20 as amended by Ordinance No.98- , providing for the issuance
and regulation of cable television franchises for, and the installation, construction and operation of,
cable television systems within the City; and
WHEREAS, Cablevision desires to obtain a franchise to construct, install, maintain, and
DR&FI'
FOR DISCUSSION PURPOSES ONLY
operate a cable system in the City, and has applied to the City for the grant of such franchise; and
WHEREAS, the construction, installation, maintenance, and operation of such a system
involves the use and occupation of the Streets of the City, over which the City exercises
governmental control; and
WHEREAS, the Council has evaluated Cablevision's application in light of the requirements
of Federal and State law and the Ordinance, and has conducted public heatings concerning
Cablevision's request and application; and
WHEREAS, the Council has relied on Cablevision's representations both oral and written
and has considered all information presented to it by Cablevision, the City Manager, the City's
consultants, and the public; and
WHEREAS, based on said representations and information, the Council has determined that
a grant of a nonexclusive franchise to Cablevision to construct, install, maintain and operate a cable
television system in the City, subject to the terms and conditions set forth herein and in the
Ordinance, is consistent with the public interest; and
WHEREAS, the Council determined to grant Cablevision a non-exchisive franchise to own,
construct and operate a cable television system within the City, subject to the terms and conditions
of the Ordinance and subject also to the City and Cablevision entering into a franchise agreement;
and
WHEREAS, the City and Cablevision have reached agreement on the terms and conditions
of such a franchise agreement.
DRAFT
FOR DISCUSSION PURPOSES ONLY
NOW, THEREFORE, in consideration of the City's grant of Cablevision's franchise to own,
construct, install, maintain and operate a cable system within the City, and to use and occupy the
Streets of the City for that purpose, and in consideration of Cablevision's promise to provide cable
service to residents of the City pursuant to the Ordinance and under the terms and conditions set
forth herein, and in consideration of the promises and undertakings herein, and other good and
valuable consideration, the receipt and the adequacy of which is hereby acknowledged, the
franchise is hereby granted and
THE SIGNATORIES DO HEREBY AGREE AS FOLLOWS:
Section 1. Definitions.
Except as otherwise provided herein, the definitions in Section 3 of Ordinance No.
97-20 as amended by Ordinance No.98- of the City of Aventura, Florida, shall govern this
Franchise Agreement. In addition, the following definitions shall apply:
A. Ordinance shall mean Ordinance No. 97-20 and all amendments thereto, including
but not limited to, of the City of Aventura, Florida and as said Ordinance has on may hereinafter
be amended.
B. Franchisee or Cablevision shall mean RIFKIN/NARRAGANSETT SOUTH
FLORIDA CATV LIMITED PARTNERSHIP and its lawful and permitted successors, assigns and
transferees pursuant to Sections 29 and 30 of this Agreement and Ordinance No. 97-20 as amended
by Ordinance No.98- of the City of Aventura, Florida.
C. Franchise Area shall mean the entire area within the legal boundaries of the City, and
3
DRAFT
FOR DISCUSSION PURPOSES ONLY
such other areas as may hereinafter be annexed or incorporated by the City during the term of the
franchise.
D.
Notice to the cable operator shall be deemed effective upon receipt. Notice to the
City shall be effective upon receipt by the City Manager.
E. Gross Revenues on which franchise fee payments to the City are calculated shall be
defined as provided for in Section 3(T) of Ordinance No. 97-20 as amended by Ordinance No.98-
Section 2. Grant of Franchise.
A. Subject to the terms of this Franchise Agreement and Ordinance No. 97-20 as
amended by Ordinance No.98- , the City hereby grants Franchisee a franchise for the right and
privilege to own, construct, install, maintain and operate a cable television system within the
Franchise Area.
B. The cable system herein franchised shall be used and operated only for the purposes
of providing cable television services unless and until franchisee obtains written authorization from
the City Manager to provide other services, including but not limited to, telephony and non-cable
video services, unless the City is otherwise prohibited by applicable law from the exercise of such
authority. However, it is hereby agreed that Internet services (i.e. services provided via the
utilization of Intemet protocol) and data transmission services provided via the cable system shall
be considered a cable service for the purpose of this agreement and Ordinance No. 98- and
subject to all terms and conditions herein, including but not limited to Section 23, unless otherwise
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FOR DISCUSSION PURPOSES ONLY
prohibited by applicable federal, state or local law.
C. Franchisee agrees that in no event shall it incorporate the length of time for which
a franchise is granted by the City as a term or condition within any contract or other agreement to
provide cable service to a subscriber(s) other than the City. Failure to comply with this Subsection
shall be considered a material breach of this agreement.
Section 3. Term of Franchise.
This franchise shall be for a period often (10) years unless otherwise sooner terminated or
otherwise extended in accordance with the terms of this Franchise Agreement. The franchise shall
commence upon the date that Franchisee provides the City with the written acceptance required by
Section 36 hereof, which must occur within thirty (30) calendar days from the date of the Council
resolution approving the grant of the franchise. This Franchise Agreement is subject to all other
requirements and conditions set forth in this Franchise Agreement and in Ordinance No. 97-20 as
amended by Ordinance No.98- of the City for a grant of a franchise to become effective,
except to the extent such requirements are modified or waived as expressly set forth herein.
Section 4. Non-Exclusive Franchise.
The Franchisee's right to use and occupy the Streets shall be non-exclusive, and the City
reserves the right to grant a similar or other use of said Streets, or any portions thereof, to any
person, including the City, at any time during the term of this Franchise Agreement.
Section 5. Franchise Subject to Communications Act~ State Law and Ordinance.
A. This Franchise Agreement is subject to and shall be governed by all terms,
5
DRAFT
FOR DISCUSSION PURPOSES ONLY
conditions and provisions of the Communications Act, any amendments thereto, and any other
applicable provision of Federal, State or local law, existing or hereafter adopted.
B. This Franchise Agreement is subject to and shall be governed by all terms,
conditions and provisions of Ordinance No. 97-20 as amended by Ordinance No.98- of the
City in effect as of the date of the resolution granting this franchise, in addition to the terms,
conditions and provisions set forth in this Franchise Agreement.
Section 6. Franchisee Sub.iect To Other Laws~ Police Power.
A. The Franchisee is subject to and agrees to comply with all applicable local, city,
State and Federal laws, ordinances, roles, regulations and orders.
B. The Franchisee shall at all times be subject to all lawful exercise of the police power
of the City, and this Agreement is not intended to limit the City's exercise of such power in any
way.
Section 7. Reservation of Rights.
A. It is explicitly understood that this Franchise Agreement shall be construed in
accordance with the laws of the State of Florida and Federal law, including, but not limited to, the
roles and regulations promulgated by the Federal Communications Commission.
B. The City reserves the right to adopt and incorporate by reference herein, by
ordinance, any additional terms, conditions, or regulations as it shall find necessary in the lawful
exercise of its powers as granted by the Constitution of the State of Florida. Additional regulations
adopted by the City shall be incorporated into this Franchise Agreement and complied with by
6
I)RAFr
FOR DISCUSSION PURPOSES ONLY
Franchisee within thirty (30) days of the date of adoption of such additional regulations.
C. The City reserves the right to acquire, purchase, own and/or operate a cable system
to the extent permitted by local, state and federal law.
Section 8. Insurance.
A. Franchisee shall obtain and maintain insurance of the types and minimum amounts
required in Section 11 of Ordinance No. 97-20 as amended by Ordinance No.98- in such a
manner as to comply with each and every requirement of that Section.
B. The Franchisee shall provide proof to the City Manager of compliance with this
Section no later than sixty (60) days from the date of the Council resolution approving the grant of
the franchise. Failure to provide the City Manager with proof of insurance within the prescribed
time period will render this Franchise Agreement and the grant of the franchise null and void
without further action by the City.
Section 9. Indemnification of the City.
Pursuant to Section 11 of Ordinance No. 97-20 as amended by Ordinance No.98- ,
Franchisee shall, at its sole cost and expense, indemnify, hold harmless, and defend the City, its
officials, boards, commissions, commissioners, agents, and employees, against any and all claims,
suits, causes of action, proceedings, judgments for damages or equitable relief, and costs and
expenses arising out of the construction, maintenance or operation of its cable system, the conduct
of Franchisee's business in the City, or in any way arising out of the Franchisee's enjoyment or
exercise of a franchise granted hereunder, regardless of whether the act or omission complained of
7
FOR DISCUSSION PURPOSES ONLY
is authorized, allowed or prohibited by this Ordinance or a franchise agreement, provided,
however, that Franchisee's obligation hereunder shall not extend to any claims caused by the
misconduct or sole gross negligence of the City, its officials, boards, commissioners, agents or
employees. This provision includes, but is not limited to, the City's reasonable attorneys' fees
incurred in defending against any such claim, suit or proceedings; and claims arising out of
copyright infringements or a failure by the Franchisee to secure consents from the owners,
authorized dislributors, or providers of programs to be delivered by the cable system, claims arising
out of Section 638 of the Communications Act, 47 U.S.C. 558, and claims against the Franchisee
for invasion of the right of privacy, defamation of any person, firm or corporation, or the violation
or infringement of any copyright, trade mark, trade name, service mark or patent, or of any other
right of any person, firm or corporation. In addition, this provision is applicable to any and all
claims filed by third parties in any manner related to or arising under Section 11 of Ordinance No.
97-20 and any amendments thereto of the City. Notwithstanding the foregoing, Franchisee may
select counsel to represent the City. City agrees to notify Franchisee, in writing, within ten (10)
days of City receiving notice, of any issue it determines may require indemnification. Nothing in
this section shall prohibit the City from participating in the defense of any litigation by its own
counsel and at its own cost if in the City's reasonable belief there exists or may exist a conflict,
potential conflict or appearance of a conflict.
Nothing in the provision shall be construed to affect in any way the City's rights, privileges,
and immunities as set forth in Section 768.28, Florida Statutes.
DP. AFT
FOR DISCUSSION PURPOSES ONLY
Section 10. Construction Bond.
Pursuant to Section 13 of Ordinance No. 97-20, at the City Manager's request, prior to any
cable system construction, upgrade, rebuild or other significant work in the streets, Franchisee shall
furnish a construction bond in favor of the City in the amount of Fifty Thousand Dollars
($50,000.00). If such construction bond is not furnished to the City ten (10) days prior to the start
of any such construction, construction shall be delayed until such time as the construction bond is
provided in a form acceptable to the City Manager. The construction bond must be approved by
the City Manager or his/her designee, which approval shall not be unreasonably withheld. The
construction bond shall be maintained until said construction work hereof is completed and for a
period not to exceed six (6) months thereafter. Franchisee shall notify the City Manager in writing
when it believes the construction has been completed.
Section 11. Use of Streets.
A. Franchisee agrees at all times to comply with and abide by all applicable provisions
of the City Code.
B. All of Franchisee's cable system distribution facilities shall be installed and
maintained underground to the extent required by Section 21(I) of Ordinance No. 97-20.
C. Franchisee shall utilize, with the owner's permission, existing conduits, poles, or
other facilities whenever feasible. The Franchisee has the duty and the responsibility to obtain or
establish the existence of an easement or dedication for its use. Copies of agreements for use of
conduits or other facilities shall be f'~led with the City, pursuant to Section 21(E) of Ordinance No.
9
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D. All of Franchisee's transmission lines, equipment, structures and other facilities shall
be installed, located and maintained so as to cause minimum interference with the rights and
convenience of property owners. The City may issue such rules and regulations concerning the
installation and maintenance of a cable system installed in, on, or over public Streets, as may be
consistent with the Ordinance.
E. All safety practices required by applicable federal, state or local law or accepted
industry practices and standards shall be used during construction, maintenance and repair of the
cable system.
F.
As required by the City, and upon receipt of written notice from the City, Franchisee
shall remove, relocate, replace or modify at its own expense (except as otherwise required by law)
its facilities within any public Street for the reasons set forth in Section 21(B) of Ordinance No. 97-
20.
G. Franchisee shall obtain any required permits and pay any required fees before
commencing any construction on or otherwise disturbing any private property or public Streets as
a result of its construction or operations. Franchisee shall, at its own expense, restore such property
pursuant to the requirement of Ordinance No. 97-20 as amended.. If such restoration is not
performed in a reasonable and satisfactory manner within thirty (30) calendar days, the City may,
after prior written notice to Franchisee, cause the repairs to be made at Franchisee's expense
pursuant to Section 21(A) of Ordinance No. 97-20.
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H. If the City is required to perform emergency Street work requiring relocation of
Franchisee's facilities in the Streets, then Franchisee shall reimburse the City for its reasonable costs
associated with such relocation. In the event that they City receives reimbursement from Metro-
Dade County for such work, it is hereby agreed that Franchisee's payment obligation to the City
shall be reduced by that amount received by the City from the County.
I. Franchisee shall not place facilities, equipment or fixtures where they will
unreasonably interfere with any other companies lawfully using the public rights-of-way serving
the residents of the City. All such facilities, equipment or fixtures placed in any public Street or
public right-of-way shall, to the best of the Franchisee's ability, be placed close to the line of the
lot abutting on the public Street, in a manner so as not to interfere with use of the public Street.
Section 12. Minimum System Facilities and Services.
A. Pursuant to Section 14 of Ordinance No. 97-20 as amended by Ordinance No. 98-
, Franchisee's cable system shall, at a minimum, (1) be able to pass frequencies of at least 750
MHZ; (2) have a minimum channel capacity of at least seventy-eight (78) video channels; (3) have
at least two (2) activated downstream video channels; (4) have two-way interactive capability; and
(5) upstream video channel capacity to the headend from the locations specified herein, and in the
amount necessary to satisfy, the access channel requirements set forth in Section 16 hereof.
B. Franchisee further agrees to provide cable service, without charge, to the City
buildings as set forth in Exhibit A to this Franchise Agreement, and to all buildings of the City that
may be constructed or opened within the City or annexed areas during the term of this Franchise
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Agreement. Where Francbisee's plant is the closest franchised cable operator to a specified facility,
such service shall include the basic cable service tier and all programming offered on the cable
programming service tier including any additional programming added to those two levels of
service, to the extent a separate charge is not associated with such additional programming.
C. School Commitments.
At such time as any public or private school serving any grades K-12 (as required
in Title I of the Elementary and Secondary Education Act of 1965, 20 U.S.C. § 421 et seq., as
amended) is to be constructed within the territorial boundary of the City, Francl~isee hereby agrees
to provide, at minimum, the products and services described in Section 12(C)(1-7) herein. Where
Franchisee receives prior notice of the cons~xuction, Franchisee shall cooperate with the builder to
install all cable related facilities during construction so as to allow for activation of cable services
simultaneous with occupancy of the building. Notwithstanding anything to the contrary, where
Franchisee's plant is the closest plant to the school site, Franchisee shall comply with the
requirements of Section 12(C)(1-7) herein within sixty (60) days of receiving a request from the
City Manager or his designee.
1. Franchisee shall, at a minimum, provide a service connection at one outlet
in all public and private schools grades K-12 (as defined in Title I of the Elementar3~ and Secondary
Education Act of 1965, 20 U.S.C. § 421a et seq., as amended), where Franchisee's plant is the
closest franchised cable operator to a specified school. Such connections will be made free of
charge and as promptly as possible to all unserved schools requesting such a connection. Upon
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request, Franchisee will provide, at Cost, such a service connection to any other unserved K-12
public and private (as defined in Title I of the Elementary and Secondary Education Act of 1965,
20 U.S.C. § 421a et seq., as amended) school located within the City. If any internal wiring
installation is requested to serve additional outlets in any school, it will be provided at Cost;
provided, however, that such internal wiring will be provided without charge if Franchisee is able
to coordinate with other comparable electrical wiring installation in cases of new construction or
substantial rehabilitation of existing schools in the City.
2. Any public or private school connected pursuant to subparagraphs 1 or 2 may
elect to install its own internal wiring (provided such wiring meets required technical
specifications), including, but not limited to those technical standards implemented by franchisee,
and to bear the cost thereof. Free BST and free CPST service will be provided to each outlet in all
connected public and private schools.
3. Franchisee will provide free educational program listings equal to the number
of outlets to each connected school. Additional copies of such program listings will be provided,
if requested by a school. Such educational program listing will identify and describe programming
on Franchisee's system that is appropriate for use in the classroom and will provide suggested
curriculum support ideas.
4. Franchisee will provide to each connected school materials for teachers that
explain the educational applications of Franchisee's broadband cable systems and services. The
materials will be provided to all connected schools. Additional copies of such materials will be
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provided, upon request.
5. Within twelve months after Franchisee or any parent, affiliate or subsidiary
makes an on-line service for personal computers commercially available on a system serving Dade,
Broward or Palm Beach Counties, Franchisee will, upon request by the City Manager, provide
schools within the City with at minimum one free connection per floor to such on-line service. At
a minimum, such on-line service will provide unlimited free access to the Intemet. Additional cable
modems shall be provided by Franchisee at Franchisee's actual cost or less. Operational support
and services (for example, assisting connected schools in setting up and maintaining reliable
Intemet connections), will be provided to connected schools, upon request. In addition, no less than
once per year Franchisee will conduct or sponsor a training program in the Dade County area to
educate teachers about its on-line service and to provide connected schools with an opportunity for
hands-on training.
6. Upon request, one municipal building will receive one free connection per
floor to on-line service. At a minimum, such on-line service will provide free unlimited access to
the Intemet. Additional cable modems shall be provided at Franchisee's actual cost or less.
Operational support and services will be provided to the City upon request.
7. Franchisee agrees not to seek to recover the cost for these connections as
external or other costs.
8. Nothing herein shall preclude Franchisee from providing benefits to schools
which exceed those provided herein.
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D. All video signals received for transmission that contain closed circuit captioning
information for the hearing impaired shall in turn contain such information in the form received
when transmitted by the cable operator to the subscribers of the system.
E. Franchisee's system shall be capable of transmitting, and shall transmit, to
subscribers any stereo signals and any other form of advanced television signals received and
carried by the system in the form received.
F. Franchisee shall take afftrmative, economically feasible steps to ensure maximum
availability of the services and facilities of the system, including without limitation all access
channel services and facilities, to handicapped persons, including heating impaired persons.
Franchisee shall comply fully with all applicable laws concerning handicapped or disabled persons,
and shall indemnify and hold the City harmless from any suit, claim, or demand against it for
violation of such laws that arises from Franchisee's provision, or failure to provide, services in
conformity with such laws.
G. The Franchisee and the City recognize that the technology of cable systems and the
services available are advancing at a rapid rate. Thus, Franchisee hereby agrees to provide the City
and its subscribers, during the term of this agreement, with at minimum, comparable technology,
products, services, and benefits which are provided by the Franchisee, or its parent, any subsidiary
or affiliate to any other community, in Dade or Broward County.
H. In lieu of being responsible for wiring each and every floor and installing all
facilities necessary for live cable-casting from the new City complex, Franchisee agrees to provide
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the City with a financial grant in the amount equivalent to the cost incurred by the franchisee
responsible for the aforestated wiring and installation, calculated on a pro-rata per subscriber basis.
I. Upon the request of the City Manager, the Franchisee shall lease, on the same terms
and conditions as provided to any other franchising authority or community served by the same
system, but in no event in an amount greater than the actual cost basis to the Franchisee, such up
and downstream capacity on the cable system as may be required to allow the City to collect data
from subscribers for purposes not competitive with services offered by Franchisee, including, but
not limited to, reading water meters, to the extent such capability is available. The Franchisee shall
allow the City to co-locate necessary equipment with the cable system and to interconnect such
equipment into the cable system, at the City's cost, provided said equipment does not interfere with
the cable system's technical integrity.
Section 13. Technological Improvements to S,ystem-
A. The Franchisee and the City recognize that the technology of cable systems and the
services available are advancing at a rapid rate. Thus, Franchisee hereby agrees to provide the city
and its subscribers, during the term of this agreement, with at minimum, comparable technology,
products, services, and benefits which are provided by the Franchisee to any other community,
served from the same headend as the City, and within six (6) months, any technology, products
services and benefits which are provided by the Franchisee to any City and any subscribers in Dade
and Broward County. For purposes of this Section, Franchisee shall not be obligated to offer within
the City any technology being listed among less than five hundred (500) subscribers in another
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community.
B. Upon request of the City, after the fifth anniversary but prior to the seventh annual
anniversary of the Franchise herein granted the Franchisee shall, but not more than annually, report
in writing to the City Manager, in a form satisfactory to the City Manager, on technological
advances and the availability of new and enhanced services for cable systems. The report shall state
what plans, if any, the franchisee has for the upgrade or rebuilding of its cable system to the State-
of-the-Art. The report shall also contain an analysis of the impact of updating the cable system to
include new advances upon the franchisee's technical plant, customer service, subscriber rates, and
the Franchisee's financial capabilities. To the extent known by Franchisee, the franchisee shall also
provide the City Manager with a comparison of the services, facilities and technologies utilized by
Franchisee or any parent, affiliate or subsidiary of Franchisee or system as defined in or any other
MSO, including a list of each jurisdiction in which new technologies have been used or where cable
television systems are being upgraded to include new technologies and provide new services, and
an assessment of the costs associated with implementing the new technologies with the City.
C. In the event that Franchisee, pursuant to Section B above, provides to the City and
the City accepts a plan to activate an upgrade or rebuild the system to State-of-the-Art no later than
the ninth anniversary of the date hereof, Franchisee and the City hereby agree to extend the term
of this franchise from ten (10) years to fifteen (15) years from the effective date hereof.
Section 14. Technical Standards.
Franchisee shall maintain and operate its cable system, at a minimum, in full compliance
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with FCC regulations and Ordinance No. 97-20 as amended by Ordinance No.98- . Franchisee
shall further comply with each of the following requirements:
A. All antennas, supporting structures, and outside plant used in operating and
maintaining Franchisee's cable system within the City shall comply with all generally accepted
industry standards and all applicable federal, state, county, City and/or utility laws, ordinances,
rules, regulations and applicable lease agreements relating to tower structures and outside plant.
B. All construction, installation and maintenance of Franchisee's cable system shall
comply with the National Electrical Safety Code, the National Electrical Code, all applicable state
and local laws and regulations, and accepted industry practices.
C. Franchisee's cable system shall, at a minimum, meet or exceed all technical and
signal quality standards of the FCC and the National Cable Television Association, including such
standards as hereinafter may be adopted or promulgated.
Section 15. Proof of Performance Tests.
Franchisee shall perform, at its expense, the proof of performance tests as required by
Section 15 of Ordinance No. 97-20 and amendments thereto to demonstrate compliance with the
requirements of that Section, this Franchise Agreement, FCC standards, and the standards of Good
Engineering Practices for Measurements on Cable Systems, published by the National Cable
Television Association. Upon written request, Franchisee will provide proof of performance test
results within thirty (30) days to the City Manager. Franchisee will provide the City Manager at
least ten (10) days advance written notice of when a proof of performance test is scheduled so that
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the City may have an observer present.
Section 16. Access Channels and Facilities.
A. Access Channel Capacity. Franchisee shall provide to the City, at least one (1) and
a maximum of two (2) activated downstream access channels and at least one (1) and a maximum
of two (2) activated upstream channels on the system which the City may elect to use, in whole or
in part, for video and audio services solely for educational and/or governmental access use at the
City's discretion on the following terms and conditions:
1. Upon written request of the City Manager, Franchisee agrees that it will
cablecast all City Council meetings taped, or at the City Manager's discretion, live on the cable
system and provide tapes of such meetings to the City Manager, other cable operators or residential
developments as requested by the City at cost.
2. As of the effective date hereof, Franchisee shall provide one dedicated access
channel. The channel shall be activated from a location designated by the City. If at any time the
initial Channel is programmed during at least six (6) hours per day with locally produced
programming, Monday through Friday for four (4) consecutive weeks, Franchisee shall, without
charge, at the request of the City, provide the City with a second Access Channel. Both parties
agree the computer generated messaging shall not count toward the six (6) hours per day
programming test. In the event the programming on the first access channel falls below the
specified level for a period of eight consecutive weeks, then City agrees that Franchisee shall have
the right to deactivate the second access channel.
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3. Franchisee's system shall be configured so that any programming delivered
to the system on any upstream channel required hereunder may be delivered downstream on the
system on any of the activated downstream access channels required or from such other access
facilities in Dade County as may be provided by Franchisee that are technically and financially
feasible.
4. The access channels to be provided to the City as set forth above may be
allocated by the City to any or all categories of access use (educational or governmental) at the sole
discretion of the City.
5. Franchisee shall make available all necessary headend and system electronic
and distribution equipment so that any programming transmitted upstream on any upstream channel
from any origination location designated by the City Manager pursuant to Section 16 hereof may
be transmitted downstream to all subscribers on any of the downstream access channels provided
pursuant to Section 16 hereof. The Government Center and the other upstream origination locations
designated pursuant to Section 16 hereof will be linked to the headend by the most technically
feasible and cost effective means, Franchisee will make available the necessary system electronic
and distribution equipment to Franchisee's headend and distribution system to make possible the
live cablecasting of the programming from a location designated by the City. In the alternative
Franchisee shall interconnect its system with any system carrying live programming so as to allow
distribution of the live signal to all of Franchisees subscribers in the City.
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6. In addition to the foregoing provisions, in the event that Franchisee owns or
operates a production facility in Dade or Broward County, Franchisee agrees to provide the City
with the technical ability to transmit programming over the access channels to subscribers within
the City directly from any such facility.
7. Franchisee agrees that all access channels will be provided to subscribers on
the system as a part of basic service and that, if such information is supplied to Franchisee or known
by Franchisee pursuant to its responsibilities under Section 16 hereof, Franchisee will publicize
programming on the access channels as a part of any ordinary printed program listings it provides
or will include access channel programming listings in any monthly program guide sent to
subscribers, provided that information concerning access channel programming is provided to or
becomes known to Franchisee within the time that other programmers are required to provide such
information for inclusion in such program listings or program guide.
B. Access Facilities, Equipment and Support.
1. Franchisee, at Franchisee's sole expense, shall use its best efforts to obtain
agreements from other cable Franchisees and shall provide all facilities, equipment, cabling and
trained personnel necessary to interconnect Franchisees system with all other Franchise's systems
in the City so as to permit both live and delayed cablecast of all City Council meetings and other
City or public meetings, events and programs held at a location to be designated by the City, to all
subscribers in the City. The system electronic and distribution facilities and equipment and cabling
provided by Franchisee shall be State-of-the-Art and of sufficient quality and performance
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specifications to enable all material cablecast on the access channels provided pursuant to this
Agreement to meet all video and audio signal quality standards adopted by the FCC when
transmitted downstream to subscribers, including any such standards as may be adopted or amended
during the term of this Franchise Agreement and to provide comparable video and audio signal
quality to the programming provided generally by the Franchisee on the system when transmitted
down-stream to subscribers. It is understood that Franchisee shall be responsible for maintaining
all such equipment in good repair and operational condition, at Franchisee's expense.
Further, to the extent required to maintain State-of-the-Art production quality, the
City reserves the fight to require Franchisee to replace all such facilities, equipment and cabling.
2. In addition to the City Council meetings, the City Manager may designate
up to a maximum of twelve (12) municipal or civic events ("Designated Municipal Event") per year
that are no longer than three hours each that Franchisee shall cablecast live on the First Access
Channel. The City Manager shall notify Franchisee in writing of each such Designated Municipal
Event, and its place and time, no less than two (2) weeks before each such event is held. Franchisee
shall periodically replay each such Designated Municipal Event on the Access Channel, and
subscribers shall be informed of the replay schedule as provided in Section 16 hereof. Upon five
(5) days prior notice, Franchisee shall further replay such Designated Municipal Events at the times
requested by the City Manager. Franchisee shall also provide the City with a videocassette copy
of every Designated Municipal Event and Council Meeting. In addition, Franchisee agrees to
provide the City with at minimum 500, :30 second spots to advertise municipally sponsored events
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during reasonable viewing periods with a value of not less than Ten Thousand Dollars ($10,000)
per year during each year of the term of this Agreement. The value of said time shall be calculated
on published rate card.
3. The City may cablecast character generated information on a designated
Access Channel from the location designated at any time of its choosing.
4. Subject to availability, franchisee shall make any studio facilities, that it
operates in Dade and Broward County during the term of this agreement as well as a remote
production truck, available for use by the City and area educational institutions for non-commercial
government and educational access programming.
5. Franchisee hereby agrees to provide to the City a grant in the amount of Ten
Thousand Dollars ($10,000) to be paid to the City no later than within forty-five (45) days of the
Council approval of this Franchise, plus an additional payment of Four Dollars and Sixteen Cents
($4.16) per subscriber for each additional subscriber over 2,404 subscribers added to the system.
Such additional payment shall be remitted to the City annually and accompanied by a certified
statement of the number of subscribers in the City served by the Franchisee.
6. Franchisee hereby agrees that the facilities, equipment, services,, and all
other support to be provided by Franchisee pursuant to Section 12(I) and this Section 16 constitute
capital costs which are required by the franchise to be incurred by Franchisee for public,
educational, or governmental access facilities within the meaning of Section 622(g)(2)(C) of the
Communications Act, 47 U.S.C. § 542(g) (2) (C); that such grant does not constitute a franchise
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fee within the meaning of Communications Act, State law, Ordinance No. 97-20 and amendments
thereto, or this Franchise Agreement; and that Franchisee hereby waives, and will not assert in any
proceeding, any claim to the conlrary.
Section 17. Commercial Leased Access.
Franchisee shall provide commercial leased access channels as required by Federal law.
Section 18. Emergency Use of Facilities.
A. Franchisee shall comply with all FCC rules on emergency use of facilities.
B. Franchisee shall provide standby power generating capacity at the cable system
headend and be capable of providing at least two (2) hours of emergency power supply. Standby
batteries, capable of providing at least two (2) hours of emergency power, shall be installed in the
cable distribution plant.
Section 19. Lock-out Devices.
Franchisee shall make available at reasonable charge to any residential subscriber, upon the
request of such subscriber, a "parental guidance" or "lock-out" device which shall permit the
subscriber, at his or her option, to eliminate the audio and visual transmissions from any channel
reception to the extent technically feasible.
Section 20. Closed-circuit Captioning for the Hearing Impaired_
Franchisee shall make available at a reasonable charge to any hearing-impaired residential
subscriber, upon the request of such subscriber, any equipment beyond the subscriber's equipment
capable of decoding closed-circuit captioning information for the hearing impaired.
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Section 21. Line Extension Policy.
A. Upon request and payment of all applicable charges, and provided that the requesting
person gives Franchisee access to his or her premises in order to furnish, maintain and continue to
offer service to that person, Franchisee shall, throughout the term of this Agreement, promptly
furnish, maintain, and continue to provide all services distributed over the system to any person at
his or her place of residence or commercial location where Franchisee's plant is the closest
activated plant to the location.
Section 22. Cable Home Wiring Commitments.
A. At minimum, Franchisee shall comply with all FCC rules regarding cable home
wiring, as amended from time to time.
1. Upon commencement of service, and annually thereafter, Franchisee will
notify customers of their rights and options relating to cable home wiring, pursuant to applicable
law.
Section 23. Franchise Fee.
A. In consideration of the privilege granted herein to use and occupy the Streets to own,
construct, install, maintain and operate its cable system, Franchisee shall pay to the City a franchise
fee equal to either (1) five percent (5%) of its gross revenues as defined in Section 03 of Ordinance
No. 97-20 as amended by Ordinance No. 98- ; or (2) if a change in law increases the maximum
allowable percentage to an amount greater than that specified in (1) above, that higher amount
provided however, that such increase is affu'matively imposed by the City after a public hearing at
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which both the public and Franchisee are allowed to comment on the impact of the higher fee.
Franchisee will pay to the City such higher amount effective with the next available billing cycle
in which the higher charge may be placed on subscribers bills. Franchisee shall calculate gross
revenues for purposes of determining the franchise fee owed in accordance with Generally
Accepted Accounting Principles (GAAP), Franchisee may subtract its actual bad debt expense
determined in accordance with Generally Accepted Accounting Principles (GAAP) for the relevant
period from gross revenues, provided, however, that any bad debt subsequently collected shall be
included in gross revenues in the period in which the bad debt is collected.
B. Franchisee shall pay the franchise fee to the City in full compliance with the
requirements set forth in Section 17 of Ordinance No. 97-20 as amended.
C. The quarterly statements required to be filed by the Franchisee with the City
pursuant to Section 17 (D) of Ordinance No. 97-20 as amended by Ordinance No. 98-__ shall
be audited and reported on by certified public accountant or certified as true and correct by a duly
authorized financial officer of Franchisee. Franchisee shall bear the cost of the preparation of such
statements.
D.
The acceptance by the City of any payment from Franchisee of the franchise fee shall
not constitute a release or an accord and satisfaction of any claim the City may have against
Franchisee for performance of any of its obligations under Ordinance No. 97-20 and amendments
thereto, this Franchise Agreement, or local, State or Federal law, including, without limitation,
Franchisee's obligation to pay the proper franchise fee amount owed, subject, however, to
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FOR DISCUSSION PURPOSES ONLY
applicable statute of limitations, if any.
E. Following the expiration or the termination for any reason of its franchise,
Franchisee shall pay the franchise fee owed as of the date that its operations ceased within ninety
(90) calendar days of ceasing such operations. Such payment shall be accompanied by a gross
revenues audit report prepared by a certified public accountant showing the revenues received by
Franchisee since the end of the previous fiscal year.
F. Franchisee expressly agrees that: (i) the franchise fee payments to be made pursuant
to this Section shall notbe deemed to be in the nature of a tax; (ii) such franchise fee payments shall
be in addition to any and all taxes of a general applicability and not applicable solely to cable
television operations within the City or other fees or charges which Franchisee shall be required to
pay to the City or to any state or federal agency or authority, as required herein or by law, all of
which shall be separate and distinct obligations of Franchisee; (iii) Franchisee shall not have or
make any claim for any deduction or other credit of all or any part of the amount of said franchise
fee payments from or against any of said City taxes or other fees or charges of general applicability
which Franchisee is required to pay to the City, except as agreed herein or required by law; (iv)
Franchisee shall not apply nor seek to apply all or any part of the amount of said franchise fee
payments as a deduction or other credit from or against any of said City taxes or other fees or
charges of general applicability, each of which shall be deemed to be separate and distinct
obligations of Franchisee; (v) Franchisee shall not apply or seek to apply all or any part of the
amount of any of said taxes or other fees or charges of general applicability as a deduction or other
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credit from or against any of its franchise fee obligations, each of which shall be deemed to be
separate and distinct obligations of Franchisee; and (vi) the franchise fee specified herein is the
minimum fair market value for the grant hereunder of a franchise for use of the Streets, including
all public easements, public rights-of-way and other entitlement to use, occupy or traverse public
property, for the purpose of operating a cable television system.
Section 24. Reports and Records.
Upon request of the City Manager or his designee, Franchisee shall furnish the City
Manager with ail of the information as required under Sections 17 and 18 of Ordinance No. 97-20
as amended by Ordinance No. 98-
Section 25. Right to Inspect Financial Records and Facilities.
A. Franchisee shall maintain a complete set of books and records, including plans,
contracts, engineering, accounting, financial, statistical, customer and service records as required
under Sections 17 and 18 of Ordinance No. 97-20 as amended by Ordinance No. 98-__
B. Pursuant to Ordinance No. 97-20 as amended by Ordinance No. 98- , the City
shall have the right to inspect, at Franchisee's local office, the books and records specified in
subsection 25(A) hereof and such other records as may be required by the City to perform its
regulatory responsibilities under Ordinance No. 97-20 and amendments thereto or applicable
Federal law. The City agrees to carry out any such inspection during Franchisee's normal business
hours and upon reasonable notice. Access by the City to perform its regulatory responsibilities to
Franchisee's books and records shall not be denied on grounds that such books and records contain
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proprietary or confidential information.
C. The City shall accord all books and records that it inspects under this Section the
degree of confidentiality such books and records are entitled to under Federal and State law.
Franchisee's books and records shall not constitute public records, except to the extent required by
Federal and State law. To the extent Franchisee considers any books or records that it is required
to produce to be confidential or otherwise protected from public disclosure, Franchisee shall
designate which documents it views as protected and provide a written explanation to the City of
the legal basis for Francbisee's claim of protection.
D. Pursuant to Ordinance No. 97-20, the City shall have the right to inspect Franchisee's
facilities and property during Franchisee's normal business hours and upon reasonable notice.
Section 26. Customer Service Requirements.
Franchisee agrees to comply with each of the customer service requirements set forth in
Section 18 of Ordinance No. 97-20 as amended by Ordinance No. 98-__
Section 27. City Purchase of Cable System.
The City may, upon the recommendation of the City Manager and the approval of the
Council, acquire ownership of and operate Franchisee's cable system in accordance with Section
31 of Ordinance No. 97-20.
Section 28. Modification of Franchise.
Franchisee shall file an application with the City Manager for any modification of its
franchise pursuant to Section 9 of Ordinance No. 97-20 as amended. The application shall fully
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FOR DISCUSSION PURPOSES ONLY
conform with each of the requirements set forth in that Section that apply to applications for
modification.
Section 29. Transfer of Franchise.
A. Franchisee shall not directly or indirectly assign, sell or transfer its franchise, or any
right, title, or interest in same, this Franchise Agreement, or its cable system, nor shall any
ownership interest or any other form of control of Franchisee or any lawful successor be
transferred, assigned, directly or indirectly, without prior written notice to and approval of the City.
In determining whether to approve a transfer, the City will consider the factors set forth in
Section 23 of Ordinance No. 97-20. However, in the event that an entity having a controlling
interest of the Franchisee desires to transfer the franchise to another affiliated entity whose
ownership is controlled by the same entity, the City hereby agrees to designate such transaction a
pro forma transfer pursuant to Section 23(C) of Ordinance 97-20.
B. Franchisee shall file an application to transfer its franchise or to transfer control of
Franchisee in full compliance with Sections 9 and 23 of Ordinance No. 97~20 as amended by
Ordinance No. 98-
Section 30. Procedures for Requesting Approval of Transfer.
In addition to the requirements set forth in Sections 9 and 23 of Ordinance No. 97-20
as amended by Ordinance No. 98- , the following procedures shall be followed by Franchisee
in requesting the City's consent to transfer its franchise or to transfer control of Franchisee.
A. At least one hundred twenty (120) calendar days prior to the contemplated effective
30
DRAI
FOR DISCUSSION PURPOSES ONLY
date of a transfer, Franchisee shall submit to the City Manager an application for approval of the
transfer. Such application shall include the following:
1. A statement of the reason for the contemplated transfer.
2. The name, address and telephone number of the proposed transferee.
3. A detailed statement of the corporate or other business entity organization
of the proposed transferee, including but not limited to the following:
(a) The names, business addresses, state of residence and country of
citizenship of all general partners and/or corporate officers and directors of the proposed transferee.
(b) The names, business addresses, state of residence and country of
citizenship of all persons and entities having, controlling, or being entitled to have or control ten
percent (10%) or more of the ownership of the proposed transferee and the respective ownership
share of each such person or entity.
(c) The names and addresses of any subsidiary of the proposed transferee
and of any other business entity owning or controlling in whole or in part or owned or controlled
in whole or in part by the proposed transferee.
(d) A detailed and complete financial statement of the proposed transferee,
prepared by a certified public accountant if audited statements were made, and if not, by a duly
authorized financial officer of the proposed transferee, for the three (3) fiscal years immediately
preceding the date of the request for transfer approval, and a letter or other acceptable evidence in
writing from a duly authorized officer of the proposed transferee setting forth a clear and accurate
33.
DRAFI
FOR DISCUSSION PURPOSES ONLY
description of the amount and sources of funding for the proposal transaction and its sufficiency
to provide whatever capital shall be required by the proposed transferee to construct, install, rebuild,
maintain and operate the proposed system in the City. If the corporate or business entity
organization of the proposed transferee has not been in existence for a full three (3) years, the
proposed transferee shall submit a certified financial statement for the period of its existence.
(e) A description of all previous experience of the proposed transferee in
operating cable television systems and providing cable television services or related or similar
services, including a statement identifying, by place and date, any other cable television franchise(s)
awarded to the proposed transferee, its parent, subsidiaries, or affiliates; the status of said
franchise(s) with respect to completion thereof; the total estimated cost of completion of such
system(s); and a summary of the amount of the proposed transferee's and its parent's or subsidiary's
resources committed to the completion thereof.
(f) Upon request from the City Manager, a detailed pro forma financial plan
describing for each remaining year of the franchise, the projected number of subscribers, rates, all
revenues, operating expenses, capital expenditures, depreciation schedules, income statements, and
statement of sources and uses of funds. Where the transfer is part of a larger transaction and such
information is not prepared for the single system in the City, the proposed transferee may provide
such information on a consolidated basis including the system in the City, but shall provide
information on the size of the City system, in terms of number of subscribers, relative to the
transaction, so that pro rata estimates may be made.
32
FOR DISCUSSION PURPOSES ONLY
(g) A detailed description of the proposed plan of operation of the proposed
transferee, which shall include, but not be limited to the following:
(i) A detailed map indicating all new areas proposed to be served, a
proposed time schedule for the installation of all equipment necessary to become operational
throughout the new areas to be served, and the projected total cost for new construction of the
system.
(ii) A statement or schedule setting forth all proposed products and
services to be made available and classifications of rates and charges to be made against subscribers
and all rates and charges and to each of any said classifications, including installation charges,
service charges, equipment charges, special, extraordinary, or other charges.
4. Upon request, the proposed purchase price of the cable system, and the terms
and conditions of the proposed transfer. All such discussions shall be deemed confidential and not
become a public record to the extent and pursuant to procedures of applicable federal and state law.
Section 31. Renewal of Franchise.
The provisions of Ordinance No.97-20 shall govern any and all proceedings to renew this
franchise. If Franchisee decides to initiate a formal renewal process in accordance with Section
626(a)-(g) of the Communications Act, 47 U.S.C. § 546(a)-(g), it and the City must comply with
each of the requirements in the Communications Act as well as the additional requirements set forth
in Section 9 and 22 of Ordinance No. 97-20 as amended to the extent such requirements are not
prohibited by applicable law.
DRAFt
FOR DISCUSSION PURPOSES ONLY
Section 32. Rates.
A. Nothing in Ordinance No. 97-20 amendments thereto or this Franchise Agreement
shall prohibit the City from regulating rates for cable service, installation, disconnection, and
equipment rental to the full extent permitted by and consistent with State and Federal law.
B. Franchisee further agrees that it shall not increase rates or charges for basic cable
service, installation, disconnection, or equipment rental without at least thirty (30) days prior notice
to subscribers and the City.
C. Pursuant to Section 20 of Ordinance No. 97-20, Franchisee shall at all times charge
nondiscriminatory rates throughout the City.
D. Franchisee shall not engage in predatory pricing or any other anti-competitive
business practice as defined by applicable law.
Section 33. Security Fund.
A. Pursuant to Section 12 of the Ordinance, Franchisee shall provide the City a security
fund or in the altemative a bond or letter of credit, as approved by the City Manager, in the
amount of Twenty Five Thousand Dollars ($25,000) as security for the faithful performance of all
provisions of the Franchise Agreement, Ordinance No. 97-20 as amended by Ordinance No. 98-
__ of the City, and all applicable State and Federal law. If such security fund or corporate
guarantee is not furnished to the City within sixty (60) days of the date of Council resolution
approving the grant of the Franchise, then Franchisee shall pay to the City Manager a fine in the
amount of Five Hundred Dollars ($500) per day, beginning on the 61st day, until the date on which
34
I)RAFY
FOR DISCUSSION PURPOSES ONLY
the security fund or corporate guarantee is received by the City. In the event said guarantee is not
received within sixty (60) days of the date after the Commission resolution approving the grant of
the Franchise, this Franchise Agreement and the grant of the Franchise will become null and void
without further action by the City.
B. If thirty (30) calendar days after written notice Franchisee fails to pay to the City any
fees or taxes due and unpaid, or any liquidated damages, damages, costs or expenses that the City
has incurred by reason of any act, omission or default of Franchisee in connection with this
Franchise Agreement or Ordinance No. 97-20 or amendments thereto, the City may immediately
withdraw that amount, with interest and any costs, from the security fund or make such equivalent
claim against the guarantee. Upon such withdrawal or claim, the City shall notify Franchisee in
writing of the amount and date of the withdrawal.
C. Within thirty (30) calendar days after notice to Franchisee that an amount has been
withdrawn by the City from the security fund, Franchisee shall restore the security fund to its
original amount. If Franchisee fails to restore the security fund to the original amount within that
thirty (30) calendar day period, such failure shall be considered a material breach of this Franchise
Agreement and a violation of Ordinance No. 97-20 as amended, and shall constitute grounds for
revocation of the franchise or other enforcement action by the City.
D. Where a bond or letter of credit is provided in lieu of a security fund, Franchisee
shall pay the City the amounts of all claims against said bond or letter of credit within thirty (30)
calendar days after notice of such claim, maintaining the security notwithstanding the form at its
35
I)RAFI
FOR DISCUSSION PURPOSES ONLY
original amount. If Franchisee fails to pay the City the amount of any claim within thirty (30) days
after notice to the Franchisee of the claim paid or fails to restore the guarantee to its original
amount, such failure may be considered a material breach of this Franchise Agreement and a
violation of Ordinance No. 97-20 and amendments thereto, and shall constitute grounds for
revocation of the franchise or other enforcement action by the City.
E. The security fund or an equivalent amount shall become the property of the City in
the event the franchise is revoked. Franchisee is entitled to return of the balance of the security
fund that remains following any other form of expiration of the franchise, including denial of
renewal, provided that there is no outstanding default or unpaid amounts owed to the City by
Franchisee.
F.
If the Franchise terminates for reasons other than revocation, any security fund, bond
or letter of credit will be maintained by the Franchisee for one (1) year from the date of termination
and the remaining fund will be returned to Franchisee one (1) year from the termination date of the
Franchise, provided there is no outstanding default or unpaid amounts owed to the City by
Franchisee.
G. The rights reserved to the City under this Section are in addition to all other rights
of the City, whether reserved in this Franchise Agreement or in Ordinance No. 97-20 and
amendments thereto, or authorized by other law, and no action, proceeding or exercise of a right
with respect to the security fund will affect any other right the City may have.
36
I}RA
FOR DISCUSSION PURPOSES ONLY
Section 34. Enforcement Remedies.
A. Liquidated Damages. Because the City may suffer damages from any violation by
Franchisee of this Agreement or of Ordinance No. 97-20 and amendments thereto, which damages
may be difficult to quantify, the City and Franchisee agree to the following schedule of liquidated
damages:
1. For failure to install, operate and maintain the cable system as required by
Sections 12(A) and 13(A) hereof, unless the City specifically approves a delay caused by the
occurrence of conditions beyond Franchisee's control. Franchisee shall pay to the City One
Thousand Dollars ($1,000) per day for each day or part thereof, the deficiency continues.
2. For material failure to provide data, documents, reports or information in a
timely manner as required by this Franchise Agreement or by Ordinance No. 97-20 and
amendments thereto, or as requested by the City consistent with FCC rules and regulations and all
other applicable law, Franchisee shall pay Two Hundred Fifty Dollars ($250.00) per day, or part
thereof, that each violation occurs or continues. For non-proprietary information, a violation would
be deemed to have occurred when Franchisee fails to provide information by the date requested by
the City. If the information requested is considered proprietary by a court of competent jurisdiction,
no fine shall be imposed. For proprietary information, a violation would be deemed to have
occurred if the City disagrees with the Franchisee's explanation as to why the material is
proprietary and a final decision of a court of competent jurisdiction upholds the City's
determination.
37
DRAFT
FOR DISCUSSION PURPOSES ONLY
3. For failure to comply with any other provision of Ordinance No. 97-20 and
amendments thereto, or failure to comply with any other material provision of this Franchise
Agreement other than those specifically referenced above, or failure to comply with any lawful
order of the City within thirty (30) days of receipt of notice of such non-compliance from the City,
Franchisee shall pay Two Hundred Fifty Dollars ($250) per day for each day, or part thereof, that
such non-compliance continues.
B. Before assessing liquidated damages against Franchisee, the City shall give
Franchisee written notice of the alleged violation and its intention to assess such damages, which
notice shall contain a description of the alleged violation. Following receipt of such notice,
Franchisee shall cure or commence to cure and the Franchisee and the City shall have a thirty (30)
day period during which time Franchisee and the City shall make good faith reasonable efforts to
resolve the dispute in question. If the dispute is not resolved in that thirty (30) day period, the City
may collect liquidated damages owed, either through draw-down of the security fund as provided
in Section 11 of this Agreement, or through any other means allowed by law provided however that
no fines or liquidated damages shall be assessed while litigation is pending in a court of competent
jurisdiction.
C. Revocation or Termination of Franchise. Franchisee's franchise is subject to
revocation pursuant to Section 24 of Ordinance No. 97-20 as amended for any of the reasons set
forth therein. In the event the City exercises its right to revoke the franchise, the procedures set
forth in Section 24 of Ordinance No. 97-20 as amended shall apply.
38
DRAFT
FOR DISCUSSION PURPOSES ONLY
Section 35. Area wide-Interconnection.
A. The City may request Franchisee to interconnect with any or all other cable systems
located within the City or serving subscribers within the City. Interconnection of systems shall
permit interactive transmission and reception of program material, and may be done by dffect cable
connection, microwave link, satellite, or other appropriate method.
B. Upon receiving the request of the City to interconnect with cable systems, Franchisee
shall, where it does not own the affected system or systems, immediately initiate good faith
negotiations with the operators of the other affected system or systems in order that costs for
construction and operation of the interconnection link may be shared equitably among the systems.
Franchisee shall report to the City the results of such negotiation no later than thirty (30)
days after the City's request. Where Franchisee owns the affected system, Franchisee shall report
to the City on the timing, method and cost of interconnection within thirty (30) days of the City's
request.
C. The Franchisee may be granted reasonable extensions of time to interconnect. The
City shall rescind its request to interconnect upon petition by the Franchisee to the City, if the City
finds that (1) the Franchisee has negotiated in good faith and has failed to obtain an approval from
the system or systems of the proposed interconnection; or (2) the cost of the interconnection would
be unreasonably high.
D. Franchisee shall make all reasonable efforts to cooperate with any designated access
organization, interconnection corporation, regional interconnection authority or City, county,
39
DRAFT
FOR DISCUSSION PURPOSES ONLY
state or federal regulatory agency which may be hereafter established for the purpose of regulating,
financing, or otherwise providing for the interconnection of cable systems beyond the
boundaries of the franchise area.
Section 36. Written Notice of Acceptance.
Within thirty (30)days of the Council resolution approving the grant of this franchise,
Franchisee shall provide the City Manager with written acceptance of all the terms and conditions
of this Franchise Agreement. Franchisee's failure to comply in full with this Section shall render
this Franchise Agreement and the franchise null and void with no further action by the City, unless
the City Manager agrees in writing to extend such period.
Section 37. Execution in Counterpart.
This Franchise Agreement may be executed in counterpart.
IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day
and year first written above.
WITNESSES:
CITY OF AVENTURA, FLORIDA, a
municipal corporation of the State
of Florida
AS TO "CITY"
AS TO "CITY"
BY:
ERIC M. SOROKA
CITY MANAGER
40
ATTEST:
FOR DISCUSSION PURPOSES ONLY
ENDORSED AS TO FORM AND LEGALITY
FOR THE USE AND RELIANCE OF THE
CITY OF AVENTURA, FLORIDA ONLY
TERESA M. SMITH
CITY CLERK
CITY ATTORNEY
AGREED TO AND ACCEPTED BY
FRANCHISEE:
WITNESSES:
AS TO "FRANCHISEE"
AS TO "FRANCHISEE"
BY:
DATE:
C:L225~Aventura\CableFranchise~Agreements\O5.07.98.wpd
2
CONSTRUCT
TRAFFIC ONLY
INTERNATIONAL SALES GROt.
11
12 i
15
16
1.5' x 2' = 3 sq. ft.
snipe sign
Visible from Bay
6'x 6' ~ 36 sq. ft.
Logo is 1' off ground; Total height
sign to replace #'s 12 & ~3
will be 3' x 4' = 12 sq. ft.
2' x 4' =8 sq. ft. ,
i 3'x4'=12sq'ft'
'~8' = 32 -3' x 4' = 12 sq. ft.
Logo is 1' off ground; Total height =,8'
W. Country Club Drive
38 NAUTICAL FLAGS
SURROUND MARINA
I'
HIDDEN BAY
MODIFIED SIGN PLAN
MIAMI DALLY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Dade County, Florida.
STATE OF FLORIDA
COUNTY OF DADE:
Before the undersigned authority personally appeared
Octelma V. Ferbeyre, who on oath says that she is the
Supervisor, Legal Notices of the Miami Daily Business
Review f/Wa Miami Review, a daily (except Saturday, ~unday
and Legal Holidays) newspaper, published at Miami in Da~e
County, Florida; that the attached copy Of advertisement,
being a Legal Advertisement of Notice in the matter of
CITY OF AVENTURA
PUBLIC HEARING - MAY 19, 1998
APPLICANT NAME: HIDDEN BAY
ASSOCIATES APPLICATION NO.
04-SV-98
in the ..................... ~c,%~ ....................................... ~u~,
was published in said n~spaper In the lasts of
May 8, 1998
Affiant further says that the said Miami Daily Buoinesa
Review is a newspaper published at Miami in said Dado
County, Florida, and that the said newspaper has ha~atofore
been continuously published in said Dado County, Florida,
each day (except Saturday, Sunday and Legal Holidays) and
has been entered as second class mail matter at the post
office in Miami In said Dede County, Florida, for a period of
one year next preceding the first publication of the attached
copy of ,advertisement; and affiant further says that she has
neither paid nor promised any person, firm or corporation
any discoun bate, commission r the purpose
ne~.~.°f securl this advertlsam n in the said
Fe~oeyn ~ l~nromef,v5
Octelma V.
; '~'OF ~.~ ) JUNE 23,2000
NOTICE OF PUBLIC HEARING
DATE AND TIME OF
PUBLIC HEARING: Tuesday, May 19, 1998
the Public Rsuerda of Dede County,
Flodda.
SIZE OF SUBJECT
PROPERTY: Approximately 24 acres
Plans am on lile and may be examined during regular business
hours in the City of Aventura, C<xnmunity Developrhent Department,
2999 NE 191 Street, Suite 500, Aventura, Florida, 3~180. Plans may
be modified at or before.the Public Hearing. The application may
change during the hearing process.
The Public Hearing will be hold at Avent~s MediCal Arts Building,
21110 Biscayne Boulevard, Suite 101, Aventura, Floi~la, 33180. Your
comments may be made in pemo~ ct the hearing or §led in writing
prior to the hearing date. Refer to applicant.~rope~ly on
corresp~ndouce and mail same to City of Aventura, Community
Devaloproent Department, 2999 NE 191 Street, Suite 500, Aventura,
Florida, 33180. For further information, please call (305) 466-8940.
In accordance with the Americans with Disabilities Act of 1990, all
persons who are disabled and who need special accommodations to
parifcipate in this proceeding because of that disability should contact
the Office of the City Clerk, 466-8901, not later than two busicesa days
prior to such proceedings.
If a person decides to appeal any decision made by the. City
Commission with respect to any matter considered at ? me~.ti~g or
hearing, that person will need a record of the proceedings ;did, 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.
Teresa M. Smith, CMC, City Clerk
5/8 98~3-0508113M
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Dade County, Florida.
STATE OF FLORIDA
COUNTY OF DADE:
Before the undersigned authority personally appeared
Octelma V. Ferbeyrs, who on oath says that she Is the
Supervisor, Legal Notices of the Miami Daily Business
Review f/k/a Miami Review, a daily (except Saturday, 8unday
and Legal Holidays) newspaper, published at Miami in Dada
County, Florida; that the attached copy of advertisement~
being a Legal Advertisement of Notice in the matter of
CITY OF AVENTURA
PUBLIC HEARING - MAY 19, 1998
APPLICANT NAME: COCO'S OF AVENTURA,
INC. APPLICATION NO. 02-SE-98
AND 03-UU-98
in the ...................... 3~;C~ .......................................Ceu~
was published in said news~per in the Issues ~
May 8, 1998
Affiant further says that the said Miami Dally Buainese
Review is a newepaper published at Miami in said Dada
County, Florida, and that the said newspwper has heretofore
been continuously published In Said Dape County, Florida,
each day (except ~aturday, Sunday and Legal Holidays) and
has been entered as second class mall meteor at the post
office in Miami in said Dada County, Florida, for a period of
one year next preceding the first publication of the atntChed
copy of adve~sement; and affiant further says that she has
neither paid nor promised any person, firm or corporstion
---- ~ / ~-~ U ClAI. NOTARY SEAL
(SEAL) ~ O'~~' ~('/ JANETT LLERENA
OcteOctelmaa . v. Ferbevre rbeyre peDere~ ~[~11~ ~~tx~.to~ · COM~SS~ON NU~S£R
~<~ .~ ~ COMMISSIONEXP[flES
OF ~ JUNE 23,2000
CITY OF AVENTURA
NOTICE OF PUBLIC HEARING
DATE AND TIME OF PUBUC HEARING: TueSday, May 19, 1998
; 6:00 p.m.
APPLICANT NAME: Coco's of Aventura, Inc,;
APPLICANT REQUEST: The applicant is r~questing the following: 1)
a special exception to spacing and distance;requirements for the sale
o! alcoholic beverages; 2) an unusual use variance to permit outdoor
patios and table service in connection withe restaurant.
APPMCATION NUMBER: 02-SE-98 and 03-UU-98
LOCATION OF SUBJECT PROPERTY: 19501 Biscayne Boulevard
(a/k/a Aventura Mall)
LEGAL DESCRIPTION: Tract Q, Aventura 6th addition, Plat Book
120, Page 20 of the Public Records of Dada County, Florida.
Plans are on file and may be examined dudng regular business
hours in the City of Aventura, Community Development Depadment,
2999 NE 191 Street, Suite 500, Aventura, Florida, 33180. Plans may
be modified at or before the Public Hearing, The application may
change during the hea~ing process.
The Public Hearing will be held et Aventura Medical Arts Building,
21110 Biscayne Boulevard, Suite 101, Aventura, Florida, 33180. Your
comments may be made in person at the hearing or filed in writing
prior to the hearing date, Rater to applicant/property on
correspondence and mail same to City of Aven!ur~a,_~C~m~
Development Department, 2999 NE .1~1 Street, Su¢~
Flodda, 33180. For further ioformffiiun, ptesee call (305) 466-8940.
In accordance with the Americans with Disabilities Act of 1990, all
persons who are c~sabled uncl who need special accommodations to
participate in this proceeding because of that disability should contact
the Office of the Cty C erk, 466-8901, not later than two bual~ss days
prior to such proceedings,
If a parson decides to appeal uny decision made by the City
Commission with respect to any matter considered at a meeting or
hearing, that person will need a record of the proceedings and, for
such purpose, may need to ensure that a verbatim record of the
proceedings is made, which record includes the testimony and
evidence upon which the appeal is to be based.
Teresa M. Smith, CMCi City Clerk
5/8 98-3~0508112M
MIAMI DALLY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Dade County, Florida.
STATE OF FLORIDA
COUNTY OF DADE:
Before the undersigned authority personally appeared
Octetma V. Ferbeyre, who on oath says that she Is the
Supervisor, Legal Notices of the Miami Dally Business
Review flk/a Miami Review, a dally (except Saturday, Sun~ay
and Legal Holidays) newspaper, published at Miami In Dada
County, Florida; that the attached copy of advertisement~
being a Legal Advertisement of Notice In the matter of
CITY OF AVENTURA
PUBLIC NOTICE OF PROPOSED
ORDINANCES MAY 19, 1998
in the ...................... ~F,.,%~. ....................................... Court,
was published in said newspaper in the issues of
May 7, 1998
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami In said Dada
County, Florida, and that the said newspaper has heretofore
been continuously published in said Dada County, Fladda,
each day (except Saturday, Sunday and Legal Holidays) and
has been entered as second class mail matter et the post
office in Miami in said Dada County, Florida, fo~ a period of
one year next preceding the first publication of the attached
copy of ;dverdsement; and affiant further says that she has
neither paid nor promised any person, firm or corporation
any disco~, rebate, commisslon_~m~l for the purpose
ofs.. g this ddvert-- , Tor pebit .Non In tbs.etd
.............. · ...... , A.D. 19
PUBLIC NOTICE
OF PROPOSED ORDINANCES
NOTICE IS HEREBY GIVEN that on Tuesday, the 19th day Gl May,
1998, at a meeting of the City Commission of the City of Aventura, to
be held at 6:00 p.m. in the Commission Meeting Room at the
Colombia Aventura Hospital and Medical Center, 21110 Biscayne
Boulevard, Suite 101, Aventura, ~a, the City Commission will
consider the adoption of the following Ordinances on second reading,
antitled:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
AUTHORIZING THE CITY MANAGER TO EXECUTE THE
A'FI'ACHED CABLE FRANCHISE AGREEMENT BY AND
BE'FWEEN THE CITY AND. NARRAGANBE'I-F SOUTH
FLORIDA CATV MMiTED PARTNERSHIP (CABLE'VISION
COMMUNICATIONS) AUTHORIZING THE CITY MANAGER
TO DO ~LL THINGS NECESSARY TO CARRY OUT THE
AIMS OF THIS ORDINANCE; AND PROVIDING AN EFFEC-
TIVE DATE.
AN ORDINANCE OF THE CiTY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE
NO. 97-25, WHICH ORDINANCE ADOPTED A BUDGET
FOR THE 1997/98 FISCAL YEAR BY REVISING THE
1987/98 FISCAL YEAR OPERATING AND CAPITAL BUD-
GET AS OUTLINED IN EXHIBIT 'A' ATFACHED HERETO;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THiS ORDIN-
ANCE: PROVIDING FOR AN EFFECTIVE DATE.
The proposed Ordinances may be inspected b~ the public at the Of-
rice of the City Clerk, 2999 N.E. 191st Street, Suite 500, Aventura,
Florida. Interested ~)ariios may appear at the Public Headng and be
heard with respect to the proposed Ordinances. Any parson wishing to
address the City Commission on any item at this Public Headng is
asked to register with the City Clerk pdor to that item being heard.
n accordance with the Americans with Disabilities Act of 1990. all
carbons who are disabled and who need special accornmddations to
participate in this pr~cadding because of that disability should contact
the Office of the City Clerk. 466-8901. not later than two business days
pddr to such proceedings.
II a parson decides to appeal any decision made by the City
Commission ~/ith respect to any matter considered at a meeting or
needng, that person will need a record of the proceedings and, for
such purpose, may need to ensurs that a verbatim record of the
proceedings is made, which record inciudos the testimony and
evidence upon which the appeal is to he based
Dated May 7.1998.
Teresa M. Smith. CMC. City Clerk
5/7 98-4-050704M
CHADROFF, TERMINELLO & TERMINELLO
ATTORNEYS AT LAW
A PARTNERSHIP OF PROFESSIONAL ASSOCIATIONS
2700 S.W. 37 AVENUE
MIAMI, FLORIDA 33133-2728
sv CHADROFF
LOUIS J. TEAMINELLO'
NANCY TERMINELLO'.
MATTHEW A. COHEN
ROBERT F. LEWIS
(305) 444-5002
FAX: (305) 448.5566
PLEASE REPLY TO:
MIAMI
BROWARD OFFICE
2455 HOLLYWOOD BLVD.
SUITE 118
HOLLYWOOD, FL 33020
(954) 929.9600
ALSO ADMITTED IN:
"NEW YORK
'WASHINGTON, D.C.
May 13, 1998
nNEW YORK
RECEIVED
LEGAL ASSISTANTS;
ROSIE GONZALEZ
EDWIN CHAVES
MAY i b 1qq~
City of A ventura
Community Development Department
2999 NE 191 Street, Suite 500
Aventura, Florida 33180
Attention: Eric M. Soroka, City Manager
COMMUNITY DfVELOPMEtv I
Re: Coco's of Aventura
Gentleman:
With regard to the memorandum of the Community Development Department dated May II, 1998,
dealing with the application made by our above named client for a special exception, I would like to propose
the following in an effort to secure such special exception and at the same time insure that the establishment
with never be a primary drinking establishment. In this regard I would propose that if the City Commission
sees fit to grant the special exception, that the following conditions be imposed:
I. That the restaurant never have less than one hundred (100) seats at tables.
2. That the restaurant serve full course meals at all times that it is open for business.
3. That there will be no cocktail tables and all tables will be dining tables and will comply with the
requirements of the Division of Hotels and Restaurants of the State of Florida as to table size.
4. That the restaurant must do at least fifty one (51 %) percent of its gross sales in food and will file
an audited statement every month with the City showing the percentages of food and alcoholic beverage
sales.
5. That the sit-down bar be limited to a maximum of nine (9~
6. That there will be no dance floor.
7. That failure to conform to any of the above conditions shall result in the revocation of the special
exception.
I hope that the above and foregoing will enable you to look more favorably upon the pending
application.
SClndc
pc: Brenda Kelley, Interim Community Development Directo\f
coco's ofaventura\S~13-98 sorokaJtr
CITY OF A VENTURA
Ordinance 96-09
Disclosure of Verbal Contact
Agenda Item: Item No. ?/;1 of /J1tf-J /f'
199L agenda of the Aventura City Commission.
Date of Verbal Communication: /#"'7 Ip;',/W.! '1/ ~~ /1,~
Identity of Person or Entity Making Communication:
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Subject and Substance of Communication:
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Respectfully,
Filed this -1[ day of
Commission or Board Member
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Clerk I Secretary
CITY OF A VENTURA
Ordinance 96-09
Disclosure of Site Visit. Investiaation. Expert Opinion
Agenda Item: Item No. 3 If
the Aventura City Commission.
of 1117 /f
, 199L agenda of
pate of Visit,
~
vestigation or Receipt of Expert Opinion:
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Nature of Contact: (check as applicable)
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Site Visit
Investigation
Expert Opinion
Substance of Contact:
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Identity of Any Person Participating in Contact:
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Respectfully,
Member Receiving
Filed this L day of
Clerk I Secretary
CITY OF A VENTURA
Ordinance 96-09
Disclosure of Verbal Contact
Agenda Item: Item No. )IJ of J -11
199...!... agenda of the Aventura City Commission.
Date of Verbal Communication:
J-('{;- "ir
Ide~tity of,i>erspn or Entity Making Communication:
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Subject
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Respectfully,
Commission or Board Member
Receiving Communication:
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Nam
Filed this K day of
\~
Clerk / Secretary
CITY OF A VENTURA
Ordinance 96-09
Disclosure of Verbal Contact
Agenda Item: Item No. 34 of 5/ I c:; 1'76
199 -1;L agenda of the Aventura City Commission.
Date of Verbal Communication: 51 181 Cj1'3. 5 L 7/7 13
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Identity of Person or EntitMakilJfl Communication:
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Subject and S~bsta':lce ~f Communication:
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Respectfully,
Commission or Board Member
Receiving Communication:
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Signat
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Filed this /7 / day of
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Clerk I Secretary
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO:
Teresa M. Smith, CMC, City Clerk
FROM:
Brenda Kelley, Planner j Q
Amy Skiles, Assistant Planner ~
DATE:
~/(J/ff
SUBJECT:
Newspaper Advertising
Project: {LI (C' s cf- (~L'-<:'IVI hJI'~'; I Ifl ( .
Please publish the attached newspaper advertisement on or before
S- /'i,/qy
(date)
in order for the item to be heard at the City Council meeting of
/'f) aLl (((I! ff
f "(date)
Please feel free to contact the above with any questions you may have.
ImemoIadvertising notice
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
FROM:
Teresa M. Smith, CMC, City Clerk
Brenda Kelley, PlannAlkt
Amy Skiles, Assistant-PI~nner
TO:
DATE:
s h 19 '0
SUBJECT: Newspaper Advertising
Project: t-\ \ ~ ~ S ~ "rh V t:lA2cv,., u-
Please publish the attached newspaper advertisement on or before
(i\rur
~ lqqf)
I (date)
in order for the i~em to be heard at the City Council meeting of
~~
\9 lqq~
I (date)
Please feel free to contact the above with any questions you may have.
IfTIeOl()fadYertising notice