10-03-2000 CC Meeting AgendaCommis 'l Agenda
October 3, 2000-6 p.m.
MAYOR ARTHUR L SNYDER
COMMISSIONER ARTHUR BERGER
COMMISSIONER JAY R. BESKIN
COMMISSIONER KEN COHEN
COMMISSIONER HARRY HOLZBER~
COMMISSIONER JEFFREY M. PERLOW
COMMISSIONER PATRICIA ROGERS.LIBERT
CITy MANAqE~ ERIC M. SOROK~
CIty CLEm( TERESA M. SOROK),, CMC/AAE
CI~ ATTORNEY WEISS SE~OTA HELF~2,~ PASTORXZ^ & GUEIVES
City Commission
Arthur I. Snyder, Mayor
Arthur Berger
Jay R. Beskin
Ken Cohen
Harry Holzberg
Jeffrey M. Perlow
Patricia Rogers-Libert
City Manager
Eric M. Soroka
City Clerk
Teresa M. Soroka, CMC/AAE
City Attorney
Weiss Serota Helfman
Pastoriza & Guedes
AGENDA
DCTDBER 3, 2DOD- 6 PM
Biscayne Medical Arts Building
21110 Biscayne Boulevard Suite 101
Aventura, Florida 33180
1. 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 you wish to object or
comment upon these items, please indicate the item number you would like to address
when the announcement regarding the quasi-judicial item is made. You must be sworn
before addressing the Commission, and if you wish to address the Commission, you
may be subject to cross-examination. If you refuse to submit to cross-examination, the
Commission will not consider what you have said in its final deliberations.
DISCLOSURE OF ANY EX-PARTE COMMUNICATIONS
Ao
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF AVENTURA, FLORIDA, APPROVING A SIGN VARIANCE
FOR CHEF ALLEN'S RESTAURANT, LOCATED AT 19088 NE
29 AVENUE, TO ALLOW A WALL SIGN ON THE SOUTH
ELEVATION WITH MORE THAN 50% OF THE SIGN ABOVE
THE ROOFLINE; DENYING A REQUEST FOR A SECOND
WALL SIGN WHERE ONLY ONE WALL SIGN IS PERMITTED
BY CODE; PROVIDING AN EFFECTIVE DATE.
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF AVENTURA, FLORIDA DENYING A SIGN VARIANCE FOR
AVENTURA COMMONS ASSOCIATES, LTD., LOCATED AT
21005-21265 BISCAYNE BOULEVARD, TO PERMIT A SECOND
MONUMENT SIGN MEASURING 120 SQUARE FEET IN AREA
WHERE ONLY ONE MONUMENT SIGN WITH A MAXIMUM
AREA OF 48 SQUARE FEET IS PERMITTED BY CODE;
APPROVING A SIGN VARIANCE TO PERMIT A PORTION OF
A MONUMENT SIGN TO BE USED TO DISPLAY THE NAME
OF A RETAIL TENANT NOT LOCATED ON THE SAME
PARCEL (OFF-PREMISE SIGN); PROVIDING AN EFFECTIVE
DATE.
4. ELECTION OF VICE MAYOR
APPROVAL OF MINUTES:
1 ~t Public Budget Hearing
Cormnission Meeting
Commission Workshop
2"d Public Budget Hearing
September 5, 2000
September 5, 2000
September 18, 2000
September 19, 2000
AGENDA: Request for Deletions/Emergency Additions
7. SPECIAL PRESENTATIONS: None.
8. CONSENT AGENDA: Matters included under the Consent Agenda are self-explanatory and
are not expected to require discussion or review. Items will be enacted by one motion. If discussion
is desired by any member of the Commission, that item must be removed fi.om the Consent Agenda
and considered separately.
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF AVENTURA, FLORIDA, APPOINTING THE FIRM OF
KEEFE, MCCULLOUGH & CO., LLP TO PERFORM
AUDITING SERVICES; AUTHORIZING THE CITY MANAGER
TO EXECUTE THE ATTACHED ENGAGEMENT LETTER;
AND PROVIDING AN EFFECTIVE DATE.
(Appoints firm to perform auditing services and authorizes City Manager to execute
engagement letter)
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF AVENTURA, FLORIDA, AUTHORIZING THE CITY
MANAGER TO EXECUTE THE ATTACHED AGREEMENT
FOR CONSULTING SERVICES FOR DESIGN AND
CONSTRUCTION ADMINISTRATION OF THE
COMMUNITY/RECREATION CENTER, BY AND BETWEEN
BERMELLO, AJAMIL & PARTNERS, INC. AND THE CITY OF
AVENTURA, AS SET FORTH IN ISQ NO. 00-07-25-2,
AUTHORIZING SCOPE OF SERVICES AND FEES FOR PHASE
ONE; PROVIDING AN EFFECTIVE DATE.
(Authorizes City Manager to execute Agreement for Architectural Services relative to
the proposed Community/Recreation Center and Millennium Park)
2
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF AVENTURA, FLORIDA, SUPPORTING ACTION BY THE
FLORIDA LEGISLATURE TO REFORM WINDSTORM
INSURANCE LEGISLATION SO THAT ADEQUATE
PROTECTION IS AVAILABLE AT REASONABLE AND FAIR
RATES; PROVIDING FOR AN EFFECTIVE DATE.
(Supports efforts of state representatives to reftmn current windstorm insurance
legislation)
MOTION TO APPROVE MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF AVENTURA
POLICE DEPARTMENT AND THE NORTH MIAMI BEACH
POLICE DEPARTMENT RELATING TO THE JOINT
ESTABLISHMENT OF THE RADIO COMMUNICATIONS
SYSTEM.
(Establishes working relationship for a joint 800 MHz Radio Communications System
for Police Department)
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF AVENTURA, FLORIDA, AUTHORIZING THE CITY
MANAGER TO EXECUTE THE ATTACHED LEASE
AGREEMENT WITH ISLAND BOULEVARD CONDOMINIUM
ASSOCIATION, INC. FOR THE INSTALLATION OF POLICE
RADIO FACILITIES; AUTHORIZING THE CITY MANAGER
TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS
OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE
DATE.
(Authorizes City Manager to execute Lease for installation of police radio
communication facilities with Island Boulevard Condominium Association)
MOTION AUTHORIZING THE APPROPRIATION OF UP TO
$70,000 FOR THE 800 MHz RADIO COMMUNICATIONS
SYSTEM FROM THE POLICE FORFEITURE FUND IN
ACCORDANCE WITH THE CITY MANAGER'S
MEMORANDUM.
9. PUBLIC HEARING: ORDINANCES - FIRST READING:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $6,750,000 IN
AGGREGATE PRINCIPAL AMOUNT OF OBLIGATIONS OF THE
CITY TO FINANCE THE ACQUISITION OF CERTAIN REAL
PROPERTY FOR PUBLIC PARKS, RECREATION AND
COMMUNITY CENTERS AND THE ACQUISITION,
CONSTRUCTION, EQUIPPING AND INSTALLATION OF VARIOUS
RELATED CAPITAL IMPROVEMENTS AND TO PAY COSTS AND
3
EXPENSES OF ISSUING SUCH OBLIGATIONS; PROVIDING FOR A
COVENANT TO BUDGET AND APPROPRIATE LEGALLY
AVAILABLE NON-AD VALOREM FUNDS EACH YEAR TO PAY THE
PRINCIPAL OF, REDEMPTION PREMIUM, IF ANY, AND INTEREST
ON THE OBLIGATIONS; PROVIDING FOR THE RIGHTS OF THE
HOLDERS OF SUCH OBLIGATIONS; PROVIDING SEVERABILITY
AND AN EFFECTIVE DATE.
10. PUBLIC HEARING: ORDINANCES - SECOND READING: None.
11. RESOLUTIONS:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA APPROVING THE FORM AND AUTHORIZING THE
DISTRIBUTION OF A REQUEST FOR PROPOSALS TO FINANCIAL
INSTITUTIONS TO PROVIDE FINANCING TO THE CITY OF
AVENTURA, FLORIDA TO FUND THE COSTS OF VARIOUS
CAPITAL ACQUISITIONS AND IMPROVEMENTS RELATING TO
PARKS, RECREATION AND COMMUNITY CENTERS WITHIN THE
CITY; DELEGATING AUTHORITY TO THE CITY MANAGER TO
REVIEW ALL PROPOSALS AND MAKE RECOMMENDATION TO
THE COMMISSION; AND PROVIDING AN EFFECTIVE DATE.
12. OTHER BUSINESS:
LEAGUE/LEGISLATIVE UPDATE (Commissioner Rogers-Libert)
13. PUBLIC COMMENTS
14. REPORTS
15. ADJOURNMENT
This meeting is open to the public. In accordance with the Americans with Disabilities Act of 1990, all persons wha are disabled
and who need special accommodations to participate ia this meeting because of that disability should contact the Office of the City
Clerk, 305-466-890t, not later than two days prior to such proceeding. One or mor~ members of the City of Av~nram
Beautification Advismy Board and/or Recreation and Cultural Arts Advisory Board may be h attendance. Anyon~ wishing to
appeal any decision made by the Averaura City Commission with respo.-t to any matter considered at sue& meeting or hearing will
need a record of the proe~dings and, for such puq~se, may need to ensure that a verbatim record of the proceedings is made,
which record includes the testimony and evidane~ upon which the appeal is to be based. Agenda itov. s may be viewed at the Office
of the City Clerk, City of Aventura Government Center, 2999 N~ 191a Street, Suite 500, AventxLea, Florida. 33180. Anyone
wishing to obtain a copy of any agenda item should contact the City Clerk at 305466-8901.
l
SCHEDULE OF FUTURE MEETINGSfEVENTS:
OCTOBER 24, 2000 COMMISSION WORKSHOP
NOVEMBER 14, 2000 COMMISSION MEETING
* Government Center 2999 NE 191't Street Suite 500
** Biscayne Medical A~s Buildin~ 21110 Biscayne Blvd. Suite 101
9 A.1VL *
6 P.1VL**
4
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO:
FROM:
BY:
DATE:
City Commission ~,.--~ /
Eric M. Soroka,~if~
~reepi~r~il~,' ~0n~ Development Direct~
SUBJECT: Request of Chef Allen's Restaurant for Sign Variance
(09-SV-O0)
October 3, 2000 City Commission Meeting Agenda Item
RECOMMENDATION
It is recommended that the City Commission:
Approve the request for a Wall Sign located on parapet with more than
50% of the sign above the roofline; and
Deny the request for a second Wall Sign, where only one Wail Sign is
permitted by Code.
THE REQUEST
The applicant, Chef Allen's Restaurant, is requesting the following: (See Exhibit
#1 for Letter of Intent)
1. Sign Variance to allow a Wall Sign on the south elevation constructed on a
parapet with more than 50% of the sign above the roofline; and
2. Sign Variance to allow a second Wall Sign on the west elevation, where only
one Wall Sign is permitted by Code.
BACKGROUND
OWNER OF PROPERTY
Henri Konckier o/a Concorde Plaza
LOCATION OF PROPERTY
19088 NE 29 Avenue (see Exhibit #2 for
Location Map)
SIZE OFPROPERTY
Approximately 4.16 acres
LEGAL DESCRIPTION
Part of Tract A, Regina Square
Subdivision, as recorded in Plat Book
113, Page 27 Public Records of Miami-
Dade County
City of Aventura Zoning -
Subject property:
Property to the North:
Property to the South:
Property to the East:
Property to the West:
TC1, Town Center District
B2, Community Business District
B2, Community Business District
TC2, Town Center Marine District; and,
RMF3,Medium Density Residential
B2, Community Business District
Existing Land Use -
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
Residential
Business and Office
Future Land Use - According to the City of Aventura Comprehensive Plan, 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:
Town Center
Town Center
Business and Office
Town Center
Business and Office
The Site- The subject site, Chef Allen's Restaurant, is located in the
Concorde Plaza at 19088 NE 29 Avenue (see Exhibit # 2 for location map).
The Project - Chef Allen's wishes to retain its existing signs on the south and
west elevations of its tenant space in the Concorde Plaza (See Exhibits #3 and
#4 for detail of signs). The sign on the south elevation measures 34 square feet
which is within the 41 square feet allowed by Code, however, it is located on a
parapet more than 50% above the roofline which is not in compliance with
Section 901.3 of the Code. The sign on the west elevation that read "Chef
Allen's Restaurant" has been removed by the applicant, however, it wishes to re-
install the sign without the service word "restaurant" if this second sign is
approved by City Commission. The revised sign will measure 30 square feet in
area.
The non-conforming directional sign has been removed and the non-conforming
pole sign is in the process of being removed.
Citizen Comments- The Community Development Department has not
received any written or verbal citizen comments.
ANALYSIS
Community Development Department Analysis - The applicant, Chef Allen's
Restaurant, previously maintained five signs for its tenant space in the Concorde
Plaza. These signs consisted of one wall sign on the south measuring 34 square
feet, one wall sign on the west elevation, one pole sign, one directional sign
facing NE 191 Street and one awning sign on the south elevation. They have
removed the directional sign and are in the process of removing the pole sign.
They have also removed the wall sign on the west elevation and wish to re-install
this sign if City Commission approves the request.
One wall sign with reverse or channel letters measuring 41 square feet is
permitted by Code. The sign must be no more than 50% above the roofline and
cannot display products or services.
The sign on the south elevation, facing Loehmann's Plaza, measures 34 square
feet which is within the permitted size, however, it is on a parapet and extends
more than 50% above the roofline of the building, as shown on Exhibit #3. The
applicant wishes to maintain this sign, notwithstanding its location above the
roofline. Due to the structural design of the roof at the front of this restaurant, the
parapet is the only possible location for the sign.
The sign on the west elevation, as shown on Exhibit #4, has been removed
pending approval of this application by City Commission. The applicant wishes
to re-install the sign, without the service word "restaurant" and to lower the sign
so that it is not more than 50% above the roofline. The revised sign will measure
30 square feet in area. The City's Sign Code permits only one Wall Sign for this
location. The applicant submits that the second sign serves an important
directional purpose for its patrons traveling along NE 191 Street, since the
restaurant's address is 19088 NE 29 Avenue.
Criteria
The criteria for approval of Sign Variances set out in Section 901.10 (h) of the
City of Aventura Land Development Regulations is as follows:
3
The Sign Variance maintains the basic intent and purpose of the
regulations; parficularly 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.
Request #1: Sign Variance to allow a Wall Sign on the south elevation of tho
restaurant constructed on a parapet with more than 50% of the sign above thn
roofline.
This request does preserve or enhance the unique character of the City and is
not in conflict with the basic intent and purpose of the ordinance. Due to the
structural design of the roof at the front of this restaurant, the parapet is the only
possible location for the sign.
Request #2: Sign Variance to allow a second Wall Sign on the west elevation
where only one Wall Sign is allowed by Code.
This request does not preserve or enhance the unique aesthetic character of the
City and is in conflict with the basic intent and purpose of the Ordinance. Any
signs in addition to the one sign permitted by Code does contribute to visual
pollution.
The owner may consider relocating the sign on the south elevation to the west
elevation, if it determines that the latter is the most important directional
placement. It does have an awning sign on the south elevation that will guide
patrons to the restaurant once they have entered the Concorde Plaza.
RECOMMENDATION
It is recommended that the City Commission:
1. Approve the request for a Wall Sign located on parapet with more than
50% of the sign above the roofline; and
2. Deny the request for a second Wall Sign, where only one Wall Sign is
permitted by Code.
4
June 30, 2000
on ld L. 6ook, fl.
P~0t[lll0flflt fl~10(lfill0fl
RECEIVED
.Jv~. O 6 ZLIO0
COMMUNITY DEVELOPMENT
Ms. Brenda Kelley
Director, Community Development
City of Aventura
2999 Northeast 191 Street, Suite 500
Aventura, Florida 33180
Re: Sign Variance/Chef Allen's Restaurant
Dear Ms. Kelley:
The applicant, Chef Allen's Restaurant is seeking variances for existing signs located at
Chef Allen's Restaurant located at 19088 Northeast 29th Avenue, Aventura, Florida.
These signs, which are now deemed non-conforming under the new City Sign Ordinance,
are needed in order to continue serving the patrons of the restaurant. Chef Allen's
Restaurant is located at a location that is difficult to find. Unfortunately, the address of
the restaurant does not make it easy to find, as motorists cannot locate Northeast 29th
Avenue. In addition; the restaurant is not actually located on 29th Avenue, but in the
Loehmann's Plaza Shopping Center.
The two signs that we seek Variances for are the main wall sign located at the front of the
restaurant which is on the 'South side. This sign is needed for patrons accessing the
restaurant from the South traveling through the Loehmann's Plaza Shopping Center. The
other sign we seek a Variance for is the wall sign located on the west side of the
restaurant. It is needed for the motorists traveling from Biscayne Boulevard on 191st
Street approaching the restaurant from the West.
Both of these signs are first class, attractive and compliment the restaurant building.
We look forward to working with you and your staff and making our presentation before
the Aventura City Commission.
EXHIBIT #1
09-SV-O0
(on¢orde (enter z- z9991/o~thea~t 191 Street, Pt~6- flventm, [IoddaB~8o- Tefephone(loS) OlSq§66- fax (~o5) 915 9B7
mi [~t (olive flYenue, ~uite lOZ
ChefAllen's Restaurant
Page 2.
June 30, 2000
Thank yo~ ~r~y~o..gul/fooperation and assistance.
Since. r~)y-; ' /
//// Ronald
RLB/jm
SITE
LEGEND
EXHIBIT #2
09-SV-O0
I-' I
file://A:XlVlVC-004S. JPG
6/13/00
Pag~ 1 oi 2
. file://A:~IVC-003 $. JPG 6/13/00
RESOLUTION NO. 2000-.__
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, APPROVING A SIGN
VARIANCE FOR CHEF ALLEN'S RESTAURANT,
LOCATED AT 19088 NE 29 AVENUE, TO ALLOW A
WALL SIGN ON THE SOUTH ELEVATION WITH MORE
THAN 50% OF THE SIGN ABOVE THE ROOFMNE;
DENYING A REQUEST FOR A SECOND WALL SIGN
WHERE ONLY ONE WALL SIGN IS PERMITTED BY
CODE; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the property described herein is zoned TC1, Town Center District, a
non-residential district; and
WHEREAS, the Applicant, Chef Allen's Restaurant, through Application No. 09-
SV-00, has requested the following:
1. A sign variance to allow a wall sign on the south elevation with more than 50%
of the sign above the roofline; and
2. A sign variance to allow a second wall sign on the wast elevation, where only
one wall sign is permitted by Code.
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 to the extent the application is granted herein.
Resolution No. 2000-.__
Page 2
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. Application No. 09-SV-O0 for a sign variance to allow a wall sign on
the south elevation with more than 50% of the sign above the roofline, on property
legally described as:
Part of Tract A, Regina Square Subdivision, as recorded in Plat Book 113 at
Page 27, public Records of Miami-Dade County, Florida.
aka
Chef Allen's Restaurant
19088 NE 29 Avenue
is hereby granted exclusively to the applicant.
Section 2. A sign variance to allow a second wall sign on the west elevation,
where only one wall sign is permitted by Code is hereby denied.
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
Commissioner Ken Cohen
Commissioner Harry Holzberg
Commissioner Patricia Rogers-Libert
Vice Mayor Jeffrey M Perlow
Mayor Arthur I. Snyder
Resolution No. 2000-_
Page 3
PASSED AND ADOPTED this 3'" day of October, 2000.
ATTEST:
ARTHURI. SNYDER, MAYOR
TERESA M. SOROKA, CMC, CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
This Resolution was filed in the Office of the City Clerk this
CITY CLERK
day of October, 2000.
CiTY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO:
FROM:
BY:
DATE:
City Cornmission/?~
;rrieCndM~ ~rll°eky~'~o~i~niag;revelopment Dire .~
September 22, 2000 ~
SUBJECT:
Request of Aventura Commons Associates Ltd. for miscellaneous sign
variances associated with the construction of a second monument sign. (06-
SV-00)
October 3, 2000 City Commission Meeting Agenda Item
RECOMMENDATION
It is recommended that the City Commission:
1) Deny the request for a Sign Variance to permit a second monument sign measuring
120 square feet in area; and
2) Approve the request for a sign variance to permit a portion of a monument sign to
be used to display the name of a retail tenant not located on the same parcel (off-
premise sign).
THE REQUEST
The applicant, Berkowitz Development Group d/b/a Aventura Commons Shopping Center,
is requesting the following:
1) A sign variance to permit a second monument sign measuring 120 square feet in
area, where the City's sign code permits only one monument sign with a maximum
area of 48 square feet; and
2) A sign variance to permit a portion of the sign to be used to display the name of a
retail tenant not located on the same parcel (off-premise sign). (See attached
Exhibit #1 for Letter of Intent)
BACKGROUND
OWNER OF PROPERTY
Aventura Commons Associates, Ltd.
NAME OF APPLICANT
Aventura Commons Associates, Ltd.
ADDRESS OF PROPERTY
21005-21265 Biscayne Boulevard
SIZE OF PROPERTY
Approximately 11.34 acres
LEGAL DESCRIPTION
Tracts "A' and 'D' AVENTURA COMMONS, Plat
Book 151, Page 58, Public Records of Miami-
Dade County, Florida.
LAND USE DATA
Zoning -
Subject Property:
Properties to the North:
Properties to the South:
Properties to the East:
Properties to the West:
B2 Community Business District
B2 Community Business District
OP Office Park District
RS2 Residential Single family District
MO Medical Office District
Existing Land Use-
Subject property:
Properties to the North:
Properties to the South:
Properties to the East:
Properties to the West:
Retail center
Vacant land
Commercial, community (religious) facility
Residential (under development)
Self-storage facilities, hospital complex
Future Land Use -
Subject property:
Properties to the North:
Properties to the South:
Properties to the East:
Properties to the West:
Business and Office
Business and Office
Business and Office
Medium-High Density Residential
Medium-High Density Residential
Business and Office
The Site - The subject site, the Aventura Commons Shopping Center, is located on the
east side of Biscayne Boulevard and between NE 210 Street and NE 213 Street. It is
comprised of five tenants in the shopping center itself and three outbuildings. Although
the Target Department Store is a part of the shopping center, it is located on a separate
parcel of land, Tract "B", which is not owned by the applicant and is not a part of this
application. (See attached Exhibit #2 for location map).
The Project - The Aventura Commons Shopping Center installed two monument signs,
adjacent to two entry drives on Biscayne Boulevard, each 20 feet high and ten feet wide
2
(200 square feet). These signs were installed pdor to the adoption of the City's sign code
(see letters attached as Exhibit #3 and Exhibit ~4) and were registered as required under
the code in August 1997. The monument sign previously located at the southerly
entrance drive has since been removed and the applicant proposes to replace this south
sign with a monument sign that conforms to the City's sign code. (See Exhibit #5 for Sign
Elevation) The applicant also proposes to replace the north sign with a monument sign
12 feet in height and 10 feet wide. (See Exhibit #6 for Sign Elevation) The applicant
proposes to place signs for the four tenants located within Tract A of the shopping center
on this monument sign. A fifth panel is proposed for use by the Target Department Store,
which is located on Tract B, a separately owned parcel of land.
ANALYSIS
Citizen Comments - The Community Development Department has received no written
citizen comments.
Community Development Department Analysis - The Aventura Commons Shopping
Center is comprised of five tracts of land. Most of the stores in the shopping center itself
are located in Tract "A', as are the two signs. One outbuilding is located in Tract "D". The
Target store is located in Tract "B", the north building is located in Tract "E" and the
Amoco station is located in Tract "C". The applicant has submitted an application only for
Tracts "A" and "D". These tracts do not quality under the City's sign code as a corner
location, as only Tract "E" is located on the corner of Biscayne Boulevard and NE 213
Street. The City's sign code allows non-residential monument signs at "1 per parcel",
therefore, only one monument sign is permitted within the Tract "A" area. Furthermore,
the Target store is eligible for its own monument sign along the frontage of NE 213 Street.
Criteria
The criteria for approval of sign variances as required by the City of Aventura Sign
Ordinance (No. 97-17) requires:
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 othen~ise compatible with the surrounding land uses and would
not be detrimental to the community. No showing of unnecessary hardship is
required.
Request #1: A Sign Variance to permit a second monument sign measuring 120
s uare feet i area.
The requested sign variance to permit a second monument sign does not preserve or
enhance the unique aesthetic character of the City. The Aventura Commons shopping
center is the first substantial commercial development on Biscayne Boulevard that
southbound travelers entering the City encounter. Therefore, it is particularly important
that this location should project an appearance that enhances the unique aesthetic
characteristics of the City's built environment.
Staff believes that the installation of monument signage, consistent with the City's sign
code, is sufficient in keeping with the basic purpose on the City's sign ordinance, which is
to allow signage that serves a legitimate directional purpose while discouraging signage
that functions primarily as a marketing or publicity device. Because of the separate tracts,
or pamels, of land that comprise the Aventura Commons shopping center, the code allows
a total of five (5) monument signs. Notwithstanding the one already located on the Amoco
parcel, an additional 4 signs can be erected. Therefore, the granting of a variance for an
additional monument sign allows, by right, a total of 6 monument signs to be installed on
this shopping center development.
Furthermore, each of the five primary tenants within the main body of the shopping center
has its own wall signage that is clearly visible from Biscayne Boulevard. If these tenants
are located more than 300 feet from a fronting roadway, they are also eligible under the
sign code for wall signs measuring 1.5 square feet in area for each foot of tenant frontage
instead of the standard 1.0 square feet in area for each foot of tenant frontage. Staff
believes that a second monument sign would serve a function that is primarily one of
advertising or publicizing these stores.
Request #2: A si,qn variance to permit a portion of a monument sign to be used to
display the name of a retail tenant not located on the parcel (off-premise sit, n}.
The requested sign variance does preserve or enhance the unique aesthetic character of
the City. The sign code allows the names of tenants to appear on the monument sign,
provided that the sign otherwise complies with the sign code. Staff believes that the
public perceives the Target store as a tenant of the shopping center even though it is on a
separate tract of land. The effect of approving this request while denying Request #1
would be to give the shopping center the option of installing one code-compliant
monument sign with either the name of the shopping center or the names of its tenants
without requiring the management of the shopping center to treat the Target store
differently than any of the other tenants.
4
JEFFREY BERCOW
BEN J. FERNANDEZ
THEOPHILUS I. HARRIS
DEBORAH L. MARTOhUE
MIChAEl E. RADEll
JANAK. McDONALD
COUNSEL
LAW OFFICES
Ber¢ow ~ RADeLL
PROFESSIONAL ASSOCIATION
FIRSt UNION FINANCIAL CENTER, SUITE 850
200 SOUTH BISCAYNE BOULEVARD
MIAMI, FLORIDA 33 ~ 31
TELEPHONE (305) 374-5300
FAX (305) 377-6222
May 24, 2000
Ms. Brenda Kelley
Director of Community Development
City of Aventura
2999 N.E. 191 Street
Suite 500
Aventura, Florida 33180
Re:
Sign Variance for Aventura Commons
Biscayne Boulevard and Northeast 213 Street
Dear Ms. Kelly:
This law firm represents Aventura Commons the applicant with respect to
this application for a variance to permit the existing pylon signage for the
shopping center located in the Aventura Commons Shopping Center to remain
in place. Please accept this as the applicant's initial letter of intent.
Property. At present the shopping center has two pylon signs facing
Biscayne Boulevard. The pylon signs are located just north and south of the
principal entrance to the Aventura Commons Shopping Center. Unlike other
shopping centers in Aventura, stores within Aventura Commons have a greater
setback from Biscayne Boulevard that limits the visibility of many of the stores'
wall signage from Biscayne Boulevard.
]ustification. The existing signage is compatible with the signage for the
rest of the center. Furthermore, the signage allows the center stores to be visible
to oncoming traffic along Biscayne Boulevard. Monument signs would not allow
certain tenants to be visible from Biscayne Boulevard. Accordingly, the removal
EXHIBIT #1
(06-SV-00)
Ms. Brenda Kelly
May 24, 2000
Page 2
of the signs would create a hardship and the application meets the requirements
in Section 506 of the City of Aventura Land Development Regulations.
For all of the foregoing reasons, the applicant respectfully requests that
the City Council approve the requested variance. Should you have any
questions or comments regarding this request, please do not hesitate to contact
me.
Sincerely,
BF/jb
CCi
Ms. Kathy Moorman
Jeffrey Bercow, Esq.
BERCOW ~, RADELL
PROFESSIONAL ASSOCIATION
Hos~oital
& Medical
Center
SITE
CLUB DR,
WAY .~IR~,~
207 ST.
7,LUB DR
201 TER. ~
AVENTU PJ~ ~
Aventura Police
192 ST.
Maule
Lake
of Aventura
,.~overnmenl
LEGEND
EXHIBIT #2
(o6-sv-oo),
At~ntic
Oceva~
Roadways
City Boundary
CITY OF AVENTURA
GOVERNMENT CENTER
2999 N.E. 191ST STREET
SUITE SOO
AVENTURA~ FLORIDA -'4-"4180
February 10, 1997
Berkowitz Development Group, Inc.
2665 S. Bayshore Drive
Miami, FL 33133
re: Sign permit application for Aventura Commons
Biscayne Boulevard and NE 213 Street
Dear Owner:
The City is in receipt of Acolite-Claude United's application for two (2) large pole signs at
Aventura Commons, Biscayne Boulevard and NE 213 Street.
Please be advised that the City of Aventura will shortly be adopting new signage regulations.
These new requirements will prohibit the installation of any pole signs and require the removal
of existing pole signs. Therefore, I am sure you realize the significant costs involved with the
installation of pole signs, at this time, and the removal of such in the very near future.
Because of the high visibility location of this sign, at a major entrance to the City of Aventura,
this location becomes even more important in providing a strong visual impact for the residents
and visitors of this area. Being a good corporate citizen, I feel that you should strongly
consider the installation of a monument sign. I will be waiting for a written response to this
letter prior to proceeding with the processing of your permit application. Also, please be
advised that a landscape plan is required with the submittal of any free-standing sign
application.
Please feel free to contact me at (305) 466-8941 with any questions you may have.
Sincerely,
Brenda Kelley
Planner
cc: Eric Soroka, City Manager
Jaye Epstein, Community Development Director
Acolite-Claude United
EXHIBIT #3
PHONE: 305-466-8900 ' FAX: 305-466-8939
BERKOWITZ
DEVELOPMENT
GKOUP
VIA FAX (305) 466-8939
February 18, 199'/
Brenda Kelly, plaxmer
City of Aventura
Governmental Center
2999 N.E. 191~ Street
Suite 500
Aventura, FL 33180
RECEIVED
FEB I 1997
Re:
Free-standing Signage
Aventura Commons Shopping Center
Dear ~. Kelly:
! ~n in receipt of your correspondence clalcd Februaxy 10, 199'/. ?lease pardon my delay
in responding to you; however, I have been involved as a party in an extended jury trial.
I understand tho position of the City of Aventura with respect to free-standing signage
o. nd share its apparent aversion to the same. However, inasmuch as rise City Council has not
acted on any new ordinance and inasmuch as I have long since abandoned the notion of
predicting what a governmental body may or may not do in the dj.rare, I would be most
appreciative if you would take immediate steps to process and to approve the sign permits.
As you may be aware, the proposed free standing signs are in accordance with the
existing sign code and both were approved at public hearing by the Dade County Commission,
which had jurisdiction at that point in time.
Accordingly, I would respectfully request that you expedite the processing and issuance
of the sign permits to make up for the time which was lost when you suspended the processing of
the permit applications.
I do understand your comments relative to the cost of the proposed signage and there is
always the possibility that we may elect not to move forward to constnmt the same, depending on
the nature of any new signage ordinances that may be adopted by the City Council.
EXHIBIT #4
Z00 'd O0£8-6g$-90~:q3£ dlqO'89 ':'~3G 2£l,~O~E]fl 80:~'1 (31TL)~.6,8I-
Brenda Kelly
February 18, 1997
Page 2
Thank you for your cooperation and assistance in this matter. Please do not hesitate to
contact me should you have ~my comments or questions.
JLB/ysh
Very truly yours,
AVENTURA C~dlIVIONS ASSOC., LTD.
Jeffrey ] , President
JeffBercow, Esq. (ViaFax) 377-6222
Marc Milgram (Via Fax) 262-7180
Acolite-Claude united (Via Fax) 819-7777
gOO 'd 00£8-6~8-$0£:qM£ &IOSD
NON ILLUI~NAT ED
METAL
S::ole ~ 1"= 1'
* Dc~lble FcIce Mc~"l,uz~er~ SJgr
31-00
}ted
00-150
Aventura 0ommons
Drsv/n by: M~nuel R. Rodngue~.
Sales: Chef
STATE CER
12'
mor~
B c:~ I~lrc~Jnd
Scale@ 1/2"=1'
* Double Face Pde SicJq with 1" De,b=p Fabricafecl Aluminum
North Sign
EXHIBIT # 6
(06-SV-O0)
RESOLUTION NO. 2000-__
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA DENYING A SIGN
VARIANCE FOR AVENTURA COMMONS ASSOCIATES,
LTD., LOCATED AT 21005-21265 BISCAYNE
BOULEVARD, TO PERMIT A SECOND MONUMENT SIGN
MEASURING 120 SQUARE FEET IN AREA WHERE ONLY
ONE MONUMENT SIGN WITH A MAXIMUM AREA OF 48
SQUARE FEET IS PERMITTED BY CODE; APPROVING A
SIGN VARIANCE TO PERMIT A PORTION OF A
MONUMENT SIGN TO BE USED TO DISPLAY THE NAME
OF A RETAIL TENANT NOT LOCATED ON THE SAME
PARCEL (OFF-PREMISE SIGN); PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the property described herein is zoned B2, Community Business
District, a non-residential district; and
WHEREAS, the Applicant, Aventura Commons Associates, Ltd., through
Application No. 06-SV-00, has requested the following:
1) A sign variance to permit a second monument sign measuring 120 square feet in
area, where the City's sign code permits only one monument sign with a
maximum area of 48 square feet; and
2) A sign variance to permit a portion of the sign to be used to display the name of
a retail tenant not located on the same parcel (off-premise sign).
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 to the extent the application is granted herein.
Resolution No. 2000-__
Page 2
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. Application No. 06-SV-00 for Sign Variance to allow a second
monument sign measuring 120 square feet in area, where the City's sign code permits
only one monument sign with a maximum area of 48 square feet, on property legally
described as:
Tracts "A" and "D" AVENTURA COMMONS, Plat Book 151, Page 58 of the
Public Records of Miami-Dade County, Florida, aka Aventura Commons, 21005-
21265 Biscayne Boulevard
is hereby denied.
Section 2. Request for a Sign Variance to permit a portion of a monument
sign to be used to display the name of a retail tenant not located on the same parcel
(off-premise sign).
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
Commissioner Ken Cohen
Commissioner Harry Holzberg
Commissioner Patricia Rogers-Libert
Vice Mayor Jeffrey M. Perlow
Mayor Arthur I. Snyder
Resolution No. 2000-.._
Page 3
PASSED AND ADOPTED this 3rd day of October, 2000.
ATTEST:
ARTHUR I. SNYDER, MAYOR
TERESA M. SOROKA, CMC, CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
This Resolution was filed in the Office of the City Clerk this
day of October, 2000.
CITY CLERK
Av ntC
MINUTES
CITY COMMISSION MEETING
IsT BUDGET PUBLIC HEARING
SEPTEMBER 5, 2000 6 PM
B~scayne Medical Arts Cen~r
21110 Biscayne Boulevard Suite 101
Aventura, Flodda 33180
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,
Ken Cohen, Harry Holzberg, Patricia Rogers-Libert, Vice Mayor Jeffrey M. Perlow,
Mayor Snyder, City Manager Eric M. Soroka, City Clerk Teresa M. Soroka, and City
Attorney Richard Jay Weiss. As a quorum was determined to be present, the meeting
commenced.
2. PLEDGE OF ALLEGIANCE: Stuart Wagner led the pledge of allegiance.
3. PUBLIC HEARINGS: ORDINANCES- FIRST READING: 200012001 BUDGET
A. Mr. Weiss read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
ESTABLISHING AND ADOPTING THE CITY OF AVENTURA AD
VALOREM TAX OPERATING MILLAGE LEVY RATE AT 2.2270 MILS
PER THOUSAND DOLLARS OF TAXABLE ASSESSED PROPERTY
VALUE, WHICH IS 3.5% ABOVE THE ROLLED BACK RATE
COMPUTED PURSUANT TO STATE LAW, FOR THE 2000 TAX YEAR;
PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY AND
PROVIDING FOR AN EFFECTIVE DATE
A motion for approval was offered by Commissioner Rogers-Libert and
seconded by Commissioner Berger. Mayor Snyder opened the public
hearing. There being no speakers, the public hearing was closed. The
motion for approval passed unanimously by roll call vote.
B. Mr. Weiss read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ADOPTING
THE ATTACHED TENTATIVE OPERATING AND CAPITAL BUDGET,
AS REVIEWED AND APPROVED BY CITY COMMISSION AT THE
REVIEW MEETING HELD ON JULY 24, 2000, AS THE CITY OF
AVENTURA FINAL BUDGET FOR THE 200012001 FISCAL YEAR,
PURSUANT TO SECTION 4.05 OF THE CITY CHARTER;
AUTHORIZING EXPENDITURE OF FUNDS ESTABLISHED BY THE
BUDGET; PROVIDING FOR BUDGETARY CONTROL; PROVIDING
FOR PERSONNEL AUTHORIZATION; PROVIDING FOR GIFTS AND
GRANTS; PROVIDING FOR AMENDMENTS; PROVIDING FOR
ENCUMBRANCES; PROVIDING FOR
PROVIDING FOR AN EFFECTIVE DATE.
SEVERABILITY AND
A motion for approval was offered by Commissioner Rogers-Libert and
seconded by Commissioner Cohen~ Mayor Snyder opened the public
headng. There being no speakers, the public headng was closed. The
motion for approval passed unanimously by roll cell vote.
Mr. Soroka announced the second Budget Public Hearing is scheduled for
September 19, 2000 at 6 p.m. at 21110 Bisceyne Boulevard, Suite 101,
Aventura, Florida.
4. ADJOURNMENT: Them being no further business to come before the Commission
at this time, after motion made, seconded and unanimously passed, the meeting
adjourned at 6:05 p.m.
Teresa M. Soroka, CMC, City Clerk
Approved by the Commission on
,2000.
Anyone wishing to appeal any decision made by the City Commission with respect to any matter considered at a
meeting or healing 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.
2
A ntC of
MINUTES
CITY COMMISSION MEETING
SEPTEMBER 5, 2000 6 PM
Biscayne Medical Arts Cente~
21110 Biscayne Boulevard Suite 101
Aventura, Flodda 33180
1. CALL TO ORDER/ROLL CALL: The meeting was called to order at 6:05 p.m. by
Mayor Arthur I. Snyder. Present were Commissioners Arthur Berger, Jay R. Beskin,
Ken Cohen, Harry Holzberg, Patricia Rogers-Libert, Vice Mayor Jeffrey M. Perlow,
Mayor Snyder, City Manager Eric M. Soroka, City Clerk Teresa M. $oroka, and City
Attorney Richard Jay. Weiss. As a quorum was determined to be present, the meeting
commenced.
2. 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 these hearings were sworn in by the City Clerk.
A. Mr. Weiss read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA DENYING A SIGN VARIANCE FOR
SPOTMASTER CLEANERS, LOCATED AT 18000 BISCAYNE
BOULEVARD, TO PERMIT A WALL SIGN ON THE EAST ELEVATION
WITH AN AREA OF t74 SQUARE FEET WHERE 125 SQUARE FEET IS
PERMITTED BY CODE; APPROVING A SIGN VARIANCE TO PERMIT
A SECOND WALL BOX SIGN ON THE WEST ELEVATION OF THE
BUILDING WHERE ONE WALL SIGN CONSISTING OF REVERSE OR
CHANNEL LETTERS IS PERMITTED BY CODE; PROVIDING AN
EFFECTIVE DATE.
Brenda Kelley, Community Development Director, explained the request of the
applicant and entered the staff report into the record. A motion for approval was
offered by Vice Mayor Perlow, and seconded by Commissioner Cohen. Mayor
Snyder opened the public hearing. The following individuals addressed the
Commission: Alan Rosenthal, Esq., 2875 NE 191st Street, representing the
applicant; Jack Carrow, 2000 Island Boulevard; Milton Projan, 18081 Biscayne
Boulevard; and Constance Dembicer, 18071 Biscayne Boulevard. There being
no further speakers, the public hearing was closed. A motion to deny
applicant's request for the east elevation wall sign was offered by Commissioner
Rogers-Libert, seconded by Commissioner Berger and unanimously passed. A
motion was offered by Commissioner Beskin and seconded by Commissioner
Rogers-Libert to permit the west sign at 140 sq. ft. providing it consists of
reverse or channel letters. An amendment was offered by Vice Mayor Perlow
and seconded by Commissioner Beskin to permit a second wall sign on the wast
side no larger than 125 sq. ft. provided it consists of reverse or channel letters
and is otherwise fully code compliant. The motion passed, 6-1, with
Commissioner Holzberg voting no. A motion to amend the Resolution to reflect
the correct direction of the second sign request (change east to west in the title)
and incorporate the previously passed motion on the wast sign was offered by
Commissioner Rogers-Libert, seconded by Vice Mayor Perlow and unanimously
passed. The resolution, as amended, passed unanimously and Resolution No.
2000-S2 was adopted.
A motion to take item 6 out of order at this time was offered by Vice Mayor
Perlow, seconded by Commissioner Rogers-Libert and unanimously passed.
6. SPECIAL PRESENTATIONS: Mayor Snyder presented Certificates of Appreciation
to Census 2000 volunteers.
Representative Sally Heyman presented the City with a ceremonial check in the
amount of $112,500 as grant funds from the State Department of Environmental
Protection for Waterways Park improvements.
3. B. Mr. Weiss read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, APPROVING A SIGN VARIANCE FOR
AVENTURA CORPORATE CENTER, LOCATED AT 20801-20803
BISCAYNE BOULEVARD, TO ALLOW A MONUMENT SIGN WHICH
EXCEEDS THE SIZE ALLOWED BY CODE; PROVIDING AN
EFFECTIVE DATE.
Brenda Kelley, Community Development Director, explained the request of the
applicant and entered the staff report into the record. A motion for approval was
offered by Commissioner Rogers-Libert and seconded by Commissioner Berger.
Mayor Snyder opened the public hearing. There being no speakers, the public
hearing was closed. The motion for approval failed, 3-3, with Mayor Snyder,
Commissioners Beskin and Rogers-Libert voting yes and Commissioners Berger,
Cohen and Holzberg voting no.
Mr. Weiss read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, APPROVING A SIGN VARIANCE FOR CHEF
ALLEN'S RESTAURANT, LOCATED AT 19088 NE 29 AVENUE, TO
2
ALLOW A WALL SIGN ON THE SOUTH ELEVATION WITH MORE
THAN 50% OF THE SIGN ABOVE THE ROOFLINE; DENYING A
REQUEST FOR A SECOND WALL SIGN WHERE ONLY ONE WALL
SIGN IS PERMITTED BY CODE; PROVIDING AN EFFECTIVE DATE.
At the request of the applicant, a motion to defer this matter was offered by
Commissioner Rogers-Libert, seconded by Commissioner Cohen and
unanimously passed.
4. APPROVAL OF MINUTES: A motion to approve the minutes of the August 1, 2000
Commission meeting was offered by Commissioner Rogers-Libert, seconded by
Commissioner Berger and unanimously passed.
5. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: None.
7. CONSENT AGENDA: Commissioner Rogers-Libert requested removal of item 7B,
Commissioner Beskin requested removal of items 7C & 7F and Commissioner
Cohen requested removal of item 7G, all from the Consent Agenda. A motion to
approve the remainder of the Consent Agenda was offered by Commissioner
Rogers-Libert, seconded by Commissioner Beskin, unanimously passed and the
following action was taken:
A. Resolution No. 2000-53 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA URGING MIAMI-DADE COUNTY TO FUND THE
CONSTRUCTION AND OPERATION OF A REGIONAL PARK AT THE
MUNISPORT LANDFILL SITE IN THE CITY OF NORTH MIAMI; AND
PROVIDING AN EFFECTIVE DATE.
D. The following motion was approved:
MOTION AUTHORIZING THE APPROPRIATION OF UP TO $109,000
FOR FURNITURE AND EQUIPMENT FOR THE POLICE DEPARTMENT
FROM THE POLICE FORFEITURE FUND IN ACCORDANCE WITH
CITY MANAGER'S MEMORANDUM.
E. Resolution No. 2000-54 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATTACHED INTERLOCAL AGREEMENT FOR
PROFESSIONAL SERVICES ASSOCIATED WITH NPDES OPERATING
PERMIT BY AND BETWEEN MIAMI-DADE COUNTY AND THE CITY OF
3
AVENTURA; AUTHORIZING THE CITY MANAGER TO DO ALL
THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
H. Resolution No. 2000.55 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CiTY OF
AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATTACHED WORK AUTHORIZATION NO. 00-224-A
FOR PROFESSIONAL LANDSCAPE ARCHITECT SERVICES FOR A
MASTER PLAN/FEASIBILITY STUDY FOR THE WATERWAYS PARK
EXPANSION BY AND BETWEEN THE CITY OF AVENTURA AND
O'LEARY DESIGN ASSOCIATES, P.A. FOR THE AMOUNT OF
$56,700; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION;
AND PROVIDING AN EFFECTIVE DATE.
(Mayor Snyder passed the gavel to Vice Mayor Perlow during the Consent
Agenda discussion)
The following items were removed from the Consent Agenda and addressed
separately:
B. Mr. Weiss 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 AGREEMENT BETWEEN MIAMI-DADE
COUNTY AND THE CITY OF AVENTURA TO PROVIDE FOR AN
INCREASE IN THE AVAILABILITY OF BOOKS, NEWSLETTERS AND
BUSINESS MATERIALS AT THE NORTHEAST BRANCH OF THE
MIAMI-DADE PUBLIC LIBRARY; AND PROVIDING AN EFFECTIVE
DATE.
A motion for approval was offered by Commissioner Rogers-Libert and
seconded by Vice Mayor Perlow. An amendment was offered by
Commissioner Rogers-Libert, seconded by Commissioner Berger and
unanimously passed to include a new Section 2 in the Resolution directing
the City Manager to obtain quarterly reports from the County outlining the
expenditure of funds. Phyllis Alpert, Assistant Library Director, 101 W.
Flagler Street, addressed concerns of the Commission. The motion, as
amended, passed unanimously and Resolution No. 2000-56 was
adopted.
4
Gm
Mr. Weiss read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, SELECTING THE FIRM OF BERMELLO,
AJAMIL & PARTNERS, INC. TO PERFORM ARCHITECTURAL DESIGN
SERVICES RELATIVE TO ISQ NO. 00-7-25-2,
COMMUNITY/RECREATION CENTER PROJECT; AUTHORIZING THE
CITY MANAGER OF THE CITY OF AVENTURA, FLORIDA, ON
BEHALF OF SAID CITY, TO NEGOTIATE THE TERMS AND FEES FOR
SAID WORK; AUTHORIZING NEGOTIATIONS WITH ALTERNATE
FIRM TO PERFORM THE REQUIRED SERVICES SHOULD
NEGOTIATIONS WITH THE SELECTED FIRM BE UNSUCCESSFUL;
AND PROVIDING AN EFFECTIVE DATE.
A motion for approval wes offered by Commissioner Rogers-Libert,
seconded by Commissioner Holzberg, unanimously passed and
Resolution No. 2000-57 wes adopted.
Mr. Weiss read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AWARDING CONTRACT FOR RFP NO. 00-06-
19-3, THE ADMINISTRATION OF OFF-DUTY POLICE FUNCTIONS, TO
COMMAND SECURITY CORPORATION; 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 wes offered by Commissioner Berger and seconded
by Commissioner Holzberg. An amendment to the agreement was offered
by Commissioner Beskin, seconded by Commissioner Rogers-Libert and
unanimously passed to remove the last sentence of Paragraph 7. A
motion wes offered by Commissioner Cohen, seconded by Commissioner
Holzberg and unanimously passed to clarify that checks from vendors will
be made payable to the City of Aventura and remitted to the City no later
than Tuesday of the week following receipt. An amendment wes offered
by Commissioner Berger, seconded by Commissioner Rogers-Libert and
unanimously passed to clarify in paragraph F that the City will pay a
service fee of 5.5%. An amendment to the agreement to provide that
public records requests received by the Contractor be first submitted to
City Administration wes offered by Commissioner Rogers-Libert,
5
seconded by Mayor Snyder and unanimously passed. The motion for
approval, as amended, passed unanimously and Resolution No. 2000-58
was adopted.
G. Mr. Weiss read the following resolution by title:
A RESOLUTION OF THE crrY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, ESTABLISHING A RANKING OF FIRMS TO
PERFORM AUDITING SERVICES; AUTHORIZING THE CITY
MANAGER TO NEGOTIATE THE SCOPE OF SERVICES AND FEES
FOR SAID SERVICES; AUTHORIZING THE CITY MANAGER TO DO
ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Rogers-Libert and
seconded by Commissioner Beskin. An amendment was offered by
Mayor Snyder and seconded by Vice Mayor Perlow to rank Rachlin,
Cohen & Hottz, LLP as number one and Keefe, McCullough & Co., LLP as
number two. The motion failed, 1-6, with Mayor Snyder voting yes. The
motion for approval passed, 6-1, with Mayor Snyder voting no and
Resolution No. 2000-59 was adopted.
PUBLIC HEARING: ORDINANCES - FIRST READING: None.
PUBLIC HEARING: ORDINANCES - SECOND READING:
A. Mr. Weiss read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
THE CITY CODE BY AMENDING CHAPTER 30, "ENVIRONMENT," BY
CREATING ARTICLE VI, "PROPERTY MAINTENANCE," PROVIDING
FOR PROPERTY MAINTENANCE STANDARDS; PROVIDING FOR
SEVERABIMTY; PROVIDING FOR INCLUSION IN THE CODE;
PROVIDING FOR PENALTY; AND PROVIDING FOR AN EFFECTIVE
DATE.
A motion for approval was offered by Commissioner Rogers-Libert, and
seconded by Commissioner Cohen. Mayor Snyder opened the public
hearing. There being no speakers, the public hearing was closed. The
motion for approval passed unanimously by roll call vote and Ordinance
No. 2000-22 was enacted.
B. Mr. Weiss read the following ordinance by title:
6
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
THE CITY CODE BY CREATING CHAPTER 48 "VEHICLES; USE OF
RIGHT-OF-WAY; PARKING; AND OTHER REGULATIONS," BY
CREATING ARTICLE I "ABANDONED VEHICLES AND VESSELS;"
ARTICLE II "USE OF RIGHT-OF-WAY; PARKING; AND OTHER
REGULATIONS;" PROVIDING PROCEDURES FOR REMOVAL OF
ABANDONED VEHICLES FOUND ON PUBLIC PROPERTY AND/OR
PRIVATE PROPERTY; PROVIDING REGULATIONS PROHIBITING
COMMERCIAL USE OF RIGHT-OF-WAY; PROVIDING REGULATIONS
CONCERNING PARKING AND STORAGE OF CERTAIN VEHICLES
AND BOATS; PROVIDING OTHER PARKING REGULATIONS;
PROVIDING REGULATIONS CONCERNING REPAIR OF VEHICLES;
PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN
CODE; PROVIDING FOR PENALTY; PROVIDING FOR EFFECTIVE
DATE.
A motion for approval was offered by Commissioner Holzberg and
seconded by Commissioner Regers-Libert. Mayor Snyder opened the
public hearing. Thomas Deakmon, NE 30~ Avenue, addressed the
Commission. There being no further speakers, the public hearing was
closed. An amendment was offered by Commissioner Rogers-Libert,
seconded by Commissioner Holzberg and unanimously passed to add to
the end of Section 48-13 (b) (c) and (d) unless approved by the City
Manager. A motion to include the definition of "vessel" was offered by
Vice Mayor Perlow, seconded by Commissioner Holzberg and
unanimously passed. The motion for approval, as amended, passed
unanimously by roll call vote and Ordinance No. 2000-23 was enacted.
Mr. Weiss read the following ordinance by title:
AN ORDINANCE OF THE CiTY OF AVENTURA, FLORIDA, AMENDING
CHAPTER 30 "ENVIRONMENT" OF THE CITY CODE BY AMENDING
ARTICLE V "TERMITE DAMAGE PREVENTION" BY AMENDING
SECTION 30-180 "TERMITES; DEVELOPMENT OF LAND; ANNUAL
INSPECTION;" TO CLARIFY AND CONFIRM APPLICABIMTY TO ALL
SINGLE FAMILY, DUPLEXES, TOWNHOUSES, AND MULTI-FAMILY
BUILDINGS, AND TO REQUIRE CERTAIN HOMEOWNERS
ASSOCIATIONS TO NOTIFY INDIVIDUAL HOMEOWNERS OF
HOMEOWNERS' RESPONSIBILITY FOR COMPLIANCE WITH
ANNUAL TERMITE INSPECTION REQUIREMENTS; PROVIDING FOR
INCLUSION IN THE CODE; PROVIDING FOR SEVERABILITY;
PROVIDING FOR PENALTY; PROVIDING FOR EFFECTIVE DATE.
7
A motion for approval was offered by Commissioner Rogers-Libert, and
seconded by Commissioner Cohen. Mayor Snyder opened the public
hearing. The following individuals addressed the Commission: Donald
Brodey. There being no further speakers, the public hearing was closed.
The motion for approval passed unanimously by roll call vote and
Ordinance No. 2000-26 was enacted.
10. RESOLUTIONS: None.
11. OTHER BUSINESS:
A. REAL ESTATE BUSINESSES WINDOW SIGNS (Commissioner Beskin)
A motion to defer this matter to the Commission Workshop was offered by
Commissioner Cohen, seconded by Commissioner Rogers-Libert and
unanimously passed.
UPDATE - HIDDEN BAY (Vice Mayor Perlow) Vice Mayor Perlow noted
complaints received about the quality of construction and the construction
site at Hidden Bay.
12. PUBLIC COMMENTS: The following individuals addressed the Commission: Mr.
Carro~ and Sam Levine, 3370 NE 190th Street.
13. REPORTS: As presented.
14. 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 9:15 p.m.
Approved by the Commission on
Teresa M Soroka, CMC, City Clerk
,2000.
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 is made, which record includes the testimony and evidence upon which the appeal is to be
based.
8
MINUTES
COMMISSION WORKSHOP MEETING
SEPTEMBER 18, 2000 9 AM
A~'~t ufa Government Center
2999 NE 191s~Straet ~500
Aventura, Florida 33180
The meeting was called to order at 9:00 a.m. by Mayor Arthur I. Snyder. Present were
Commissioners Arthur Berger, Jay R. Beskin, Ken Cohen, Harry Holzberg, Patricia
Rogers-Libert, Vice Mayor Jeffrey M. Perlow, Mayor Snyder, City Manager Eric M.
Soroka, City Clerk Teresa M. Soroka, and City Attorney David M. Wolpin. As a quorum
was determined to be present, the meeting commenced.
1. LIBRARY STUDY: Consultant unable to attend due to threat of hurricane and
cancellation of transportation.
CITY MANAGER SUMMARY: Deferred to October Workshop meeting.
2. VISIONING SESSION UPDATE: Mr. Soroka provided status of progress made to
date pursuant to blueprint prepared from discussions at the visioning session,
including proposed Waterways Park, and proposed Community Center/Millennium
Park.
CITY MANAGER SUMMARY: Consensus to proceed with proposed Waterways
Park without residents-only restrictions; regarding Community Center, City Manager
to determine from Miami-Dade County what restrictions on funding, if any, to be
applied pending City's limitations on residentJnon-resident usage; proceed with loan
capped at $6 million for construction and design of Waterways Park and acquisition
and design of Community Center/Tempest parcel; discuss with Gulfstream site
owners purchase of property without conditions.
REAL ESTATE WINDOW SIGNS: (Commissioner Beskin) (taken out of order)
Commissioner Beskin noted concerns he received from business owners concerning
restrictions on real estate window signs. Brenda Kelley, Community Development
Director, reviewed the sign code as presently enacted. Jonathan Lee, President of
Aventura Real Estate addressed the Commission.
CITY MANAGER SUMMARY: Staff to survey procedures established by other
municipalities and report back to Commission.
3. SCHOOL SITE UPDATE: Mr. $oroka updated Commission on recent meetings with
the School Board.
CITY MANAGER SUMMARY: City Manager to meet with Charter School
companies regarding feasibility of a Charter School in Aventura and report back at
next Workshop meeting.
4. FOUNDERS BALL UPDATE: Staff presented proposed program for Founders
Day/Ball 2000. Commission discussed increasing cost of ticket for this year's Ball.
CITY MANAGER SUMMARY: Program accepted with following changes: Tickets
to be increased to $75. Advisory Board members to be recognized in printed
program.
5. SMALL BUSINESS PROGRAM (Commissioner Cohen) Commissioner Cohen
noted plans for small business program by Aventura Marketing Council and their
request to utilize our logo in these programs.
CITY MANAGER SUMMARY: Consensus not to approve use of logo as City is not
involved in the programs.
6. WINDSTORM LEGISLATION: (Commissioner Rogers-Libert/Vice Mayor Perlow)
Vice Mayor Perlow reported on recent meeting with Commissioner Rogers-Libert
and administrative staff regarding proposed windstorm legislation and the City's
position and participation. Commissioner Rogers-Libert provided supporting
material/information and reviewed in detail the proposed legislative changes.
CITY MANAGER SUMMARY: Consensus to address resolution supporting
legislative changes proposed by Senator Ron Silver and supporting citizen's
initiative in the event legislation fails.
7. LEAGUE/LEGISLATIVE UPDATE: (Commissioner Rogers-Libert)
October Commission meeting.
Deferred to
9. FORMOSAN TERMITES: (Vice Mayor Perlow) Ms. Kelley updated Commission
as to status of reports received, noting approximately 55% return on reports.
Discussion ensued as to methods of insuring that all properties are inspected and if
necessary, appropriately treated.
CITY MANAGER SUMMARY: City Attorney to determine if City can mandate
eradication and/or perform eradication on private properties.
10. CITY CLERK REVIEW: Commission discussed City Clerk's performance review.
CITY MANAGER SUMMARY: Consensus to increase City Clerk's salary by 5%
and provide a bonus in the amount of $7,500 (to net $5,000).
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 12:30 p.m.
Teresa M. Soroka, 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 headng will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim
record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be
based.
2
Av entC'.
ul'a
MINUTES
Biscayne Medica~ Arts Cen~r
CITY COMMISSION MEETING 2111o Biscayneaoulevard Suite 101
2ND BUDGET PUBLIC HEARING Aventura, Florida33180
SEPTEMBER 19, 2000 6 PM
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,
Ken Cohen, Harry Holzberg, Patricia Rogers-Libert, Vice Mayor Jeffrey M. Perlow,
Mayor Snyder, City Manager Eric M. Soroka, City Clerk Teresa M. Soroka, and City
Attorney David M. Wolpin. As a quorum was determined to be present, the meeting
commenced.
2. PLEDGE OF ALLEGIANCE:
3. PUBLIC HEARINGS: ORDINANCES - SECOND READING: 200012001 BUDGET
A. Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
ESTABLISHING AND ADOPTING THE CITY OF AVENTURA AD
VALOREM TAX OPERATING MILLAGE LEVY RATE AT 2.2270 MILS
PER THOUSAND DOLLARS OF TAXABLE ASSESSED PROPERTY
VALUE, WHICH IS 3.5% ABOVE THE ROLLED BACK RATE
COMPUTED PURSUANT TO STATE LAW, FOR THE 2000 TAX YEAR;
PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY AND
PROVIDING FOR AN EFFECTIVE DATE
A motion for approval was offered by Commissioner Holzberg and seconded
by Commissioner Rogers-Libert. Mayor Snyder opened the public hearing.
There being no speakers, the public hearing was closed. The motion for
approval passed unanimously by roll call vote, and Ordinance No. 2000-24
was enacted.
B. Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ADOPTING
THE ATTACHED TENTATIVE OPERATING AND CAPITAL BUDGET,
AS REVIEWED AND APPROVED BY CITY COMMISSION AT THE
REVIEW MEETING HELD ON JULY 24, 2000, AS THE CITY OF
AVENTURA FINAL BUDGET FOR THE 200012001 FISCAL YEAR,
PURSUANT TO SECTION 4.05 OF THE CITY CHARTER;
AUTHORIZING EXPENDITURE OF FUNDS ESTABLISHED BY THE
BUDGET; PROVIDING FOR BUDGETARY CONTROL; PROVIDING
FOR PERSONNEL AUTHORIZATION; PROVIDING FOR GIFTS AND
GRANTS; PROVIDING FOR AMENDMENTS; PROVIDING FOR
ENCUMBRANCES; PROVIDING FOR
PROVIDING FOR AN EFFECTIVE DATE.
SEVERABIUTY AND
A motion for approval was offered by Commissioner Rogers-Libert and
seconded by Commissioner Holzberg. Mayor Snyder opened the public
hearing. There being no speakers, the public hearing was dosed. The
motion for approval passed unanimously by roll call vote, and Ordinance
No. 2000-25 was enacted.
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 6:05 p.m.
Teresa M. Soroka, CMC, City Clerk
Approved by the Commission on
,2000.
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 is made, which record includes the testimony and evidence upon which the appeal is to be
based.
2
CITY OF AVENTURA
FINANCE SUPPORT SERVICES DEPARTMENT
MEMORANDUM
TO:
FROM:
BY:
City Commission f~.
Harry M. Kilgore, Fina'r~-~.e_.~_u~port
Services Director
DATE:
September 21, 2000
SUBJECT: Auditor Engagement Letter
October 3, 2000 Commission Meeting Agenda Item
Recommendation
It is recommended that the City Commission adopt the attached Resolution which
authorizes the City Manager to execute the "Engagement Letter" specifying scope of
services and fees for Keefe McCullough & Co., LLP to serve as the Citys Independent
Auditors for the fiscal years ended September 30, 2000, 2001, 2002 and 2003.
Background
At the September 5, 2000 meeting, the City Commission adopted Resolution No. 2000-
56 establishing a ranking of firms to perform the City's independent audit. That
Resolution was the culmination of a process that included an advertisement in the
Miami Herald, the mailing of RFP's to fourteen (14) firms, receipt of sealed proposals
from five firms, evaluation by a committee consisting of the City Manager, Finance
Support Services Director and Commissioner Beskin, interviews with the four top
ranked firms and final recommendation to the City Commission.
Resolution No. 2000-56 included a ranking of firms as follows:
1. Keefe, McCullough & Co., LLP
2. Rachlin, Cohen and Holtz, LLP
3. McGladrey & Pullen, LLP
Page (2)
Auditor Engagement Letter
The Resolution authorized staff to negotiate a contract including scope of services and
fees with the top ranked firms. The process has been completed. The attached
engagement letter contains the scope of services and fees for the audits for each of the
next four years as follows:
1999D000 $22,500
2000/2001 25,000
2001~002 27,000
2002D003 29,000
By way of comparison, Rachlin, Cohen & Holtz was paid $20,000 for the 1997/98 audit
and proposed a fee of $25,000 for the 1998/99 fiscal year. The City Commission
requested that the fee for 1998/99 be reduced to $22,500 and RCH agreed. Therefore,
the fee for the first two years of the Keefe McCullough contract will be less than was
proposed by RCH for the 1998/99 year. In addition, the third and fourth years include
increases of only $2,000 compared to the $5,000 yearly increases that RCH had
requested for each of the past three fiscal year audits.
I also reviewed the balance of the engagement letter which was proposed by Keefe,
McCullough & Co. and found it to be acceptable. Most of the language is state of the
art of the accounting profession and would be included in the engagement letter with
any CPA firm since it follows the form of The American Institute of Certified Public
Accountants auditing standards and procedures.
As discussed in the previous paragraphs, I recommend that the City Commission
approve the Resolution authorizing execution of the "Engagement Letter".
Should you have any questions, please feel free to contact me.
HMK/mn
FSS664-00
KEEFE, McCULLOUGH & CO., LLP
CERTIFIED P(JBLIC ACCOUNTANTS
6550 NORTH FEDERAL HIGHWAY
JOHN R KEEFE, CP.A
JOHN E McCULLOUGH, CP.A. (P~ETIRED)
I HOMAS T CARPENTER. C PA
PAUL B SNEIDER, C PA (RETIRED)
STEVEN H WOODS, C.PA
DAVID T WILLIAMS, C PA
CHARLES E WIELAND, CRA.
CYNTHIA L CALVERT. CPA
JOSEPH D LEO, CEA
WILLIAM G. BENSON, CRA.
BRIAN D PINNELL, C.PA
KENNETH G SMITH, C PA
LOUIS R PROIETTO, CEA
CECILE C NOVAK. CEA
GERALD J PI]FAT.q, JR, CEA
SUITE 410
FORT LAUDERDALE, FLORIDA 33308
(954) 771-0896
FAX: (954) 938~9353
E-MAIL: kmc@kmccpa.com
September 22, 2000
Honorable Mayor, City Manager and Members of the City Council
City of Aventura, Florida
2999 N.E. 191st Street
Aventura, FL 33180
Dear Mayor, City Manager, and Members of the City Council:
It is our practice to periodically confirm the nature of the services our fn'm performs for its
clients, and that is the purpose of this letter.
We will audit the general purpose financial statements of the City of Aventura, Florida as of
and for the years ended September 30, 2000, 2001, 2002, and 2003.
The document will also include certain additional information related to the submittal of your
Comprehensive Annual Financial Report (CAFR) that will not be subject to the auditing procedures
applied in our audits of the general purpose f'mancial statements.
The objective of our audit is the expression of an opinion as to whether the general purpose
f'mancial statements are fairly presented, in all material respects, in conformity with generally
accepted accounting principles and to report on the fairness of the additional information referred
to in the first paragraph when considered in relation to the general purpose f'manClal statements
taken as a whole. Our audit will be conducted in accordance with generally accepted audifmg
standards and the standards for f'manClal audits con~:fined in Government Audit'mg Standards, issued
by the Comptroller of the United States, and will include tests of the accounting records of the City
of Aventura, Florida, and other procedures we consider necessary to enable us to express such an
opinion. If our opinion on the general purpose financial statements is other than unqualified, we
will fully discuss the reasons with you in advance. If, for any reason, we are unable to complete
the audit or are unable to express an opinion, we may decline to express an opinion or may not
issue a report as a result of this engagement.
The management of the City of Aventura, Florida, is responsible for establishing and
maintaining internal control. In fulfilling this responsibility, estimates and judgments by
management are required to assess the expected benefits and related costs of the controls. The
objectives of internal control are to provide management with reasonable, but not absolute,
assurance that assets are safeguarded against loss from unauthorized use or disposition, that
transactions are executed in accordance with management's authorizations and recorded properly
to permit the preparation of general purpose f'mancial statements in accordance with management's
authorizations and to permit the preparation of general purpose f'manc'ml statements in accordance
with generally accepted accounting principles.
Management is responsible for making all fmancial records and related information available
to us. We understand that you will provide us with such information required for our audit and
that you are responsible for the accuracy and completeness of that information. We will advise you
about appropriate accounting principles and their application and will assist in the preparation of
your general purpose f'mancial statements, but the responsibility for the general purpose f'mancial
statements remains with yoU. That responsibility includes the establishment and maintenance of
adequate records and effective internal control over financial reporting, the selection and application
of accounting principles, and the safeguarding of assets.
City of Aventura, Florida -2- September 22, 2000
An audit includes examining, on a test basis, evidence supporting the amounts and disclosures
in the f'mancial statements; therefore, our audit will involve judgment about the number of
transactions to be examined and the areas to be tested. We will plan and perform the audit to
obtain reasonable rather than absolute assurance about whether the f'mancial statements are free of
material misstatement, whether caused by error or fraud. Because of the concept of reasonable
assurance and because we will not perform a detailed examination of all transactions, there is a risk
that a material misstatement may exist and not be detected by us. In addition, an audit is not
designed to detect errors, fraud, or other illegal acts that are immaterial to the general purpose
f'mancial statements or to major programs. However, we will inform you of any material errors
and any fraud that comes to our attention. We will also inform you of any other illegal acts that
come to our attention, unless clearly inconsequential. Our responsibility as auditors is limited to
the period covered by our audit and does not extend to matters that might arise during any later
periods for which we are not engaged as auditors.
Our procedures will include tests of documentary evidence supporting the transactions recorded
in the accounts, and may include tests of the physical existence of inventories, and direct
confmnation of receivables and certain other assets and liabilities by correspondence with selected
individuals, creditors, and financial institutions. We will request written representations from your
attorneys as part of the engagement, and they may bill you for responding to this inquiry. At the
conclusion of our audit, we will also reqmre certain written representations from you about the
f'mancial statements and related matters.
Identifying and ensuring that the City of Aventura, Florida complies with laws, regulations,
contracts, and agreements is the responsibility of management. As part of obtaining reasonable
assurance about whether the general purpose f'mancial statements are free of material misstatement,
we will perform tests of the City of Aventura, Florida's compliance with applicable laws and
regulations and the provisions of contracts and agreements, including grant agreements. However,
the objective of our audit will not be to provide an opinion on overall compliance and we will not
express such an opinion.
In planning and performing our audits, we will consider the internal control sufficient to plan
the audit in order to determine the nature, timing, and extent of our auditing procedures for the
pnrpose of expressing our opinions on the City of Aventura, Florida's general purpose f'mancial
statements.
We will obtain an understanding of the design of the relevant controls and whether they have
been placed in operation, and we will assess control risk. Tests of controls may be performed to
test the effectiveness of certain controls that we consider relevant to preventing and detecting errors
and fraud that are material to the general purpose financial statements and to preventing and
detecting misstatements resulting from illegal acts and other noncompliance matters that have a
direct and material effect on the generalpurpose financial statements. Our tests, if performed, will
be less in scope than would be necessary to render an opinion on internal control and, accordingly,
no opinion will be expressed.
An audit is not designed to provide assurance on internal control or to identify reportable
conditions. However, we will inform management of any matters involving internal control and
its operation that we consider to be reportable conditions under standards established by the
American Institute of Certified Public Accountants. Reportable conditions involve matters coming
to our attention relating to significant deficiencies in the design or operation of the internal control
that, in our judgment, could adversely affect your ability to record, process, summarize, and report
f'mancial data consistent with the assertions of management in the general purpose financial
statements.
It is the policy of our firm to use the client's personnel wherever and whenever it is feasible
to do so in the course of any engagement. We also endeavor to staff our engagements so that the
various phases of field audit work are performed by appropriately experienced staff persons.
City of Aventura, Florida -3- September 22, 2000
The workpapers for this engagement are the property of Keefe, McCullough & Co., LLP,
Certified Public Accountants and constitute confidential information. However, we may be
requested to make certain workpapers available to certain grantor organizations pursuant to
authority given to them by law or regulation. If requested, access to such workpapers will be
provided under the supervision of Keefe, McCullough & Co., LLP, C.P.A.'s personnel.
Furthermore, upon request, we may provide photocopies of selected workpapers to such grantor
organizations. These grantor organizations may intend, or decide, to distribute the photocopies or
information contained therein to others, including other govermnental agencies.
We will be available as needed during the year to consult with you on accounting issues or on
contemplated changes in policies.
Our fee for services rendered will be based upon the difficulty of your engagement, the
anticipated cooperation of your personnel, the time and skill level of our pemonnel assigned and
the assumption that unexpected circumstances will not be encountered during the audit. Work is
assigned, according to its complexity to the appropriate member of our staff. Our all inclusive
maximum price fees for the audit of the general purpose financial statements for the years ended
September 30, are:
2000 $ 22,500
2001 $ 25,0O0
2002 $ 27,000
2003 $ 29,000
An invoice for the services provided will be presented at the completion of the engagement or at
the end of each semi-monthly billing period, whichever occurs first. Payment of our invoice is due
when rendered.
In addition, upon the City receiving Federal or State monies necessary to require a Federal or
State Single Audit, the above fees would be increased by $ 2,500 for each year with this
requirement. Further, the City has indicated that the implementation of GASB 34 will be done
when required. Appropriately, the above fees do not include any consideration for assistance in
the implementation of GASB 34. We will provide a discount of 30 % off our normal hourly rates
for assistance with the costs associated with the implementation. We would expect to meet with
the City to fully plan the GASB 34 implementation and establish an estimate of the fee at the
appropriate time.
The estimated fee above contemplates the timely preparation of various workpapers, f'mancial
statement schedules and other data by your personnel. A list of these requirements will be provided
to your Finance Department in a timely manner.
We shall be pleased to discuss this letter with you at any time.
Please sign and return the attached copy of the letter to indicate that it is in accordance with
your understanding of the arrangement for our audit of the financial statements mentioned above.
Regards,
KRF-FE, McCULLOUGH & CO., LLP
Joseph D. Leo, C.P.A.
David Tad Williams, C.P.A.
City of Aventura, Florida -4- September 22, 2000
Acknowledgement:
CITY OF AVENTLrRA, FLORIDA
City Manager Date
RESOLUTION NO. 2000-._
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, APPOINTING THE FIRM
OF KEEFE, MCCULLOUGH & CO., LLP TO PERFORM
AUDITING SERVICES; AUTHORIZING THE CITY
MANAGER TO EXECUTE THE ATTACHED
ENGAGEMENT LETTER; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Aventura, pursuant to applicable state law, has
solicited and reviewed proposals from firms to perform the City's independent
audit; and
WHEREAS, Resolution No. 2000-56 established a ranking of firms to serve
as said auditor and authorized negotiations with the top ranked firm; and
WHEREAS, City Staff has negotiated fees and scope of services with the top
rated firm (Keefe, McCullough and Co., LLP) and recommends approval of the
Engagement Letter.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF AVENTURA, FLORIDA, THAT:
Section 1: The firm of Keefe, McCullough & Co., LLP be and the same is
hereby retained to perform independent auditing services for the City of Aventura.
Section 2: The City Manager is hereby authorized to execute the
Engagement Letter, attached hereto as Exhibit "A" for auditing services by and
between the City and Keefe, McCulough & Co., LLP and the City agrees to the
negotiated scope of services and fees.
Section 3: This Resolution shall become effective immediately upon its
adoption.
The foregoing resolution wes 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
Commissioner Ken Cohen
Commissioner Harry Holzberg
Resolution No. 2000-__
Page 2
Commissioner Jeffrey M. Perlow
Commissioner Patricia Rogers-Libert
Mayor Arthur I. Snyder
PASSED AND ADOPTED THIS 3rd day of October, 2000.
ARTHURI. SNYDER, MAYOR
ATTEST:
TERESA M. SOROKA, CMC, CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
TO:
FROM:
DATE:
SUBJECT:
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
City Commission
Eric M. Soroka, Cib~a
September 26, 2000
Resolution Authorizing
Execution of Agreement for
Community/Recreation Center Architectural Design Services - Phase
One
October 3, 2000 City Commission Meeting Agenda Item
Recommendation
It is recommended that the City Commission adopt the attached resolution that
authorizes the execution of an Agreement for Architectural Design Services for the
proposed Community/Recreation Center with Bermello Ajamil & Partners, Inc. (ISQ
#00-07-25-2). It specifically authorizes Phase One - Programming/Site Plan/Master
Plan/Community Workshops of the scope of services in the amount of $113,000.
Back.qround
As authorized by Resolution No. 2000-57, the City Administration has negotiated the
scope of services and fees for Phase One for the above referenced project. A detailed
cost breakdown of the tasks included in this phase is attached to the standard general
services agreement. Once Phase One is complete, the scope of services and fees for
the construction design, bid and administration will be negotiated and submitted to the
Commission for review and approval. In addition, once the Commission approves the
programming, site and master plans included in Phase One, the Construction Manager
(General Contractor) will be selected by the City and brought on board as part of the
team.
The fees are comparable to similar contracts. The fees will be paid from the proposed
bank loan for the two Community Park/Recreational Facilities.
The completion of Phase One is scheduled for April 2001.
If you have any questions, please feel free to contact me.
EMS/tms
RESOLUTION NO. 2000-__
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AUTHORIZING THE
CITY MANAGER TO EXECUTE THE ATTACHED
AGREEMENT FOR CONSULTING SERVICES FOR
DESIGN AND CONSTRUCTION ADMINISTRATION OF
THE COMMUNITY/RECREATION CENTER, BY AND
BETWEEN BERMELLO, AJAMIL & PARTNERS, INC. AND
THE CiTY OF AVENTURA, AS SET FORTH IN ISQ NO.
00-07-25-2, AUTHORIZING SCOPE OF SERVICES AND
FEES FOR PHASE ONE; PROVIDING AN EFFECTIVE
DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section !. The City Manager is hereby authorized to execute the attached
Agreement for Consulting Services for Design and Construction Administration of the
Community/Recreation Center by and between Bermello, Ajamil & Partners, Inc. as set
forth in ISQ 00-07-25-2.
Section 2. The scope of services and fees in the amount of $113,000 are
hereby approved for Phase One. Future phases will be approved by additional work
authorizations approved by the City Commission.
Section3. This Resolution shall become effective immediately upon its
adoption.
Resolution No. 2000-__
Page 2
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
Commissioner Ken Cohen
Commissioner Harry Holzberg
Commissioner Patricia Rogers-Libert
Commissioner Jeffrey M Perlow
Mayor Arthur I. Snyder
PASSED AND ADOPTED this 3rd day of October, 2000.
ARTHURI. SNYDER, MAYOR
ATTEST:
TERESA M. SOROKA, CMC, CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
Sep 28 ~00 22:~1 P. 02
AGREEMENT
Between
THE CITY OF AVENTURA
and
BERM~LLO, AJAMIL & PARTNERS, INC.
CONSULTING SERVICES FOR ARCHITECTURAL DESIGN SERVICES AND
CONSTRUCTION ADMINISTRATION
OF TI~E, CITY OF AVENTURA
COMMUNITYfRECREATION CEN'I'ER
This Agreement is entered into by and between the City of Aventura ("City") and Bermello~
Ajamil & Partners, Inc. ("Consultant") as follows:
WHEREAS, the City has advertised for requests for proposals for the provision of
professional architectural services related to Phase One Master Planning Sexviees, which include
programming, site plamaing, schematic design documents, preliminary cost estimates and final
master plan design. Phase Two Basic Services shall include the preparation of design development
and construction documents, as well as providing professional consulting services in connection with
review of bid specifications, assistance in the award of a COntract for develolYmant of, and
construction phase services related to the development of the Aventura Community/Recreation
Center.
WHE~AS, Consultant has been selected as a successful proposer; and
WHEREAS, the Aventura Community/Recreation Center 0aereinaier alternately referred to
as the Project) and this entire group of responsibilities shall be alternately referred to as Basic
Sexwiees and General Design Services.
NOW, THEREFORE~ BE IT AGREED BY AND BETWEEN THE PARTIES AS
FOLLOWS:
SECTION 1. The above recitations ate lrue and correct and made a part hereof.
SECTION 2. The Consultant shall provide the following services as authorized as Exhibits/Scope
of Services to this decument (initially Exhibit "A") and future phases contained in work
authorizations
SECTION 3. City's Responsibility
I. The City shall provide all relevant information at its disposal to the Consultant to assist the
Consultant in the development of its required work under the contract. The Consultant may request
other information in the City's possession which it deems relevant to its task as set forth herein. The
Sep 28 '00 22:4& P. 05
City shall also famish the following information if in City's possession or readily available: ail
bound~x7, fight-of-way and utility surveys; easement and right-of-way descriptions; soil borings;
probings and subsurface exploration; hydrographic surveys; laboratory tests and inspections of
samples of materials in its possession.
2. The City shall provide input to Consultant with respect to all submissions and proposed
specifications and shall direct the Consultant as to the proposed program of improvements, criteria
fer their use and construction budget ~nformation.
3. The City shall guarantee access to and makc ail ncccssasy provisions for Consultant to enter
upon public lands as required for Consultant to perform his work under tiffs contract.
4. The City shall examine ali studies, reports, sketches, estimates, specifications, drawings,
proposals and other documents presented by Consultant and shall render in writing decisions
pertaining thereto in order to provide general direction to Consultant within a reasonable time so as
not to unreasonably delay the work of the Consultant. Approval of any design by City shall
constitute authorization by City to proceed based upon said design.
5. Thc City shall adverse for proposals from bidders to construct the Project or part th~eof,
open the proposals at the appointed time and place and pay for all costs incidental thereto. Provided,
however, nothing herein shall obligate City to execute a final construction contract or to construct
the Project; provided further the City reserves the right not to move forward with the bidding
procedure.
The City shall provide such legal, financial, accounting and insurance counselff~ services as
may be required for the Project.
7. The City shall designate in writing a person to act as City's representative or to act for the
City Mmaager where approvals and authorizations are required by the City Manager with respect to
the work to be performed under this contract; such person shall have the complete authority to
transmit instructions, receive information, interpret and define City's policies and decisions with
respect to the work covered by this contract.
g. The City shall give prompt written notice to Consultant whenever City observes or otherwise
becomes aware of any defect in the Project. However, City shall be under no obligation to inspect or
analyze any defect or other nonconformity with the Contract documents in the Project or to inspect
the Work for defects or non-conformities.
9. The City shall be the applicant for all approvals from all governmental authorities having
jurisdiction over the Project and such approvals and consents from such other individuals or bodies
as nm5, be necessary for completion of the Project, unless otherwise provided in the construction
contract for thc project..
10. The City shall furnish or direct Consuhant to provide, at City's expense, necessary additional
services as stipulated in Exhibit "B"; attached and made a part hereto.
11. -fh¢ City aclmowledgcs that the Consultant shall rely on all documents and informat/on
provided by the City to the Consultant; and furthermore, that the Consultant will perform its
services, taking into account ail Ci.ty provided information as being accurate and reliable.
SECTION 4. Termination
I. This Agreement may be terminated by the City upon 30 days notice to Consultant without
cause. Consultant my not terminate this Agreement except upon a breach by the City, which is not
cured upon 30 days notice to City. Ftather, this Agreement may be terminated by mutual agreement
at any time or, if for a period of 2 years no work shall have been required or performed hereunder
this contract shall be voidable at the option of either party. In the c~e of any t~minafion, the
Agreement shall immediately terminate, provided Consultant shall be paid for work performed and
costs incurred to the date of termination.
2. If this Agreement is terminated for any reason, then Consultant's sole remedy shall be
payment for all work performed in accordance with this agreement to the termination date, ln'ovidcd
it dehvers to the City a copy of all studies, reports, sketches, estimates, specifications, drawings,
proposals, and other documents to provide the City with the work product for which Consultant was
paid. All said studies, reports, sketches, estimates, specifications, drawings, proposals and other
docments shall be the property of the City for use as the City sees fit, provided that Consultant shall
not be responsible or liable for any causes of action related to changes in or alterations to its work
product.
SECTION 5. Con. s~ltant's Compensation
Consultant shall be compensated as defined in the attached Exlaibits/Scope of Services to this
document and future phases contained in work authorization documents approved by the City.
SECTION 6. General Terns
1. Thc work to be performed under this Contract shall in no case be assigned by Consultant
except for City approved sub-congultants/'or structural, M~ and civil engineering, and/rrigafion
system design or other services not related to architectural or landscape architectural design, all of
whom shall be considered sub-consultants under the charge of Consultant, with no additional cost to
City, which approval shall not be unreasonable withheld by City.
2. By execution of this contract, Comultant accepts full respousibility for performance of all
conditions thereunder. Consultant assumes complete responsibility for the work of all entities or
persons whom it retains, employs, subcontracts with, or associates in the performance of the work set
forth herein. If Consultant uses the services of any sub-consultants, or other patnies, or associates
with any other entities or patties on the performance of the work required hereunder the use of such
parties or entities or persons, or any negligent errors or omissions of those sub-consultants, entities
3
Sep 28 'OO 22:42 P. Ob
or persons retained by Consultant shall not be a defense for lack of performance or any other cause
of action related to the work. The failure to perform of any sub-consultants, or other parties or
entities or persons having a contractual or other relationship with the Consultant (or its sub-
consultants) shall not be a defense by the Consultant in any action by the City against Consultant or
in any action where City claims that there is a defect in the work set forth hc~in; Consultant shall be
fully responsible for the actions of all persons with whom it contracts or utilizes in the participation
of the work performed herein. However nothing contained herein shall prohibit City from seeking
damages from any other responsible parties.
SEC ,TION 7. Quali .W of Work
Consultant shall provide a quality of work which shall provide competent and professional desigr~
specifications, contract documents, and conslruction phase services to the standard of the
architectural profession and such other professions (inclading engineering) involved in thc Project,
as fitly intended for the purposes as set forth by the City and as set forth herein, and a~ would be
expected of such a Project. It shall be Consultant's responsibility to review documents available
relating to the Project, to review the site and site conditions, and to take any action which would be
reasonably expected to pwvide the Consultant with knowledge neCessary to develop a design and
specifications, and follow through in the nature of conslrucfion phase services which will yield the
result intended by thc City.
SECTION 8. Work Products Required
Work products required for each scope of service shall be as set forth in Exhibits/Scope of Services
to this document and future phases contained in work authorizations approved by the City.
SECTION 9. Time For Completion
Time for completion shall be as set forth in Exhibits/Scope &Services to this document and future
phases coatained in work authorizations approved by the City., which shall be binding on
Consultant, except where delays are caused beyond the control of Consultant, or due to revision of
the program of improvements or, design criteria which causes Consultant to revise previously
approved and completed work.
SECTION 10. Ownership of Work Product
All work product a~ described above aaad as otherwise developed by Consultant shall be the propez~
of the City. The City may use or distribute such work product in any way it deems appropriate. If
such work products are modified or altered by the City or anyone else at City's request for any use
other than their intended purpose the City shall indemnify and hold the Consultant harmless and
shall defend the Consultant against any and all claims, causes of action or I/ability resulting firom any
such modification or alteration to Consultant's work product to the extent permitted by law.
SECTION 11. Indemnity
Consultant indemnifies and holds the City harmless and shall defend the City against any claims,
causes of action, judgments or liability of whatsoever nature related to patent or copyright
infringement related to the work designs and work product submitted pursuant to this Agreement.
4
Consultant shall indemnify and hold harmless City and City's officers and employees from any
damage, liability, loss or cost, including, but not limlted to, reasonable attorney's fees, to the extent
mused by the negligence, recklessness or intentional wrongful conduct of Consultant or other
persons utilized by Consultant in p~forming the Services.. This section shall survive the completion
ofth~ Project.
,S.E. CTION 12. Performance
All work performed by the Consultant, sub-consultants or those employed by consultant shall be of a
professional quality which is the standard of the Architectural Profession and any other pwfessional
standards for other disciplines of any other sub-consultant or other parties employed by Consultant,
and shall comply with the specific provisions contained herein.
SECTION 13. Insurance
Consultant shall comply with the insurance provisions defined in "Exhibit C".
SECTION 14. Construction Budget
Consultant shall design the program of proposed improvements to conform with the budget as
determined by the City, including use of Bid Alternates (and shall make appropriate design
modifications to achieve this budget) at no additional cost to City- Consultant is acknowledged not to
be responsible for failure to receive responsive bids because of construction industry conditions.
Based upon recommendations of the Consultam~ City may direct the Consultant to delete or revise
items from the program of proposed improvements if cost estimates provided by Consultants
indicate that construction costs will likely exceed the construction budget.
SECTION 15. _Compensation for Additional Services
It shall be the burden of the Consultant to immediately notify (in writing) City of any claim that
compensation should be increased and to demonstrate that the conditions have occurred whidh
warrant City's authorization for additional services. The guidelines for addit/onal services and
compensation are outlined in Exhibit B.
SECTION 16. No Work Stoppage As A Result Of Disputes: No Payment Of Interest By City
No dispute by Consultant shall provide a basis for Consultant to stop performing its work except as
provided under Section 4, Termination, paragraph I- lq[owever, disputes az to the proportion o£work
complete or the right to any additional compensation shall not obviate the requirement of City to
pay the mount it believes is reasonably due Consultant. Nun-payment within 30 days of
non-disputed invoices shall be considered breach of conUact under this agreement, subject to notice
under Sec. 4 (1).
SECTION 17. Notices.
All notices required herein shall be in writing and either hand delivered or mailed certified, return
receipt requested, to the following person at the address listed unless changed by written notice:
5
Sep 28 '00 22:a$ P.O~
CITY:
CITY MANAGER
CITY OF AVENTURA
2999 N.E. 191 STREET SUITE 500
AVENTURA FLORIDA 33180
CONSULTANT:
PROJECT MANAGER
BERMELLO, AJAMIL & PARTNERS, INC.
260I SOUTH BAYSHORE DRIVE, 10TM FLOOR
MIAMI, FLORIDA 33133
SECTION lg. Complete Agreement
This is the complete agreement bew/een the parfes and no alteration hereto shall be given effect
unless contained in a written agreement executed with equal dignity.
SECTION 19. Warranties of Consultant
The Consultant hereby warrants and represents at all times dmbg the term of this Agreement it shall
maintain in good standing all required licenses, certifications and permits required under federal,
state and local laws necessary to perform the services_
SECTION 20. Prohibitions Against Contingent Fess
Consultant warrants that it has not employed or retained any company or person, other than a bona
fide employee working solely for the Consultant, to solicit or secure this Agreement, and that it has
not paid or agreed m pay any person(s), company, corporation, individual or firm, other than a bona
fide employee wofdng solely for Consultant, any fee, commission, percentage, gilt or any other
consideration, contingent upon or resulting from the awaxd or making of this Agreement.
SECTION 21: Governing Law
This Agl~emcnt shall bc construed in accordance with the laws of the State of Florid~ Venue for any
litigation hereunder shall be in Dade County, Florida.
SECTION 22. Effective Date
This agreement shall be effective on the date the last party affixes its signature hereto.
6
Sep 28 '00 22:44
AGREEMENT BETWEEN THE CITY OF AVENTURA AND BERMELLO, .MA.MIL &
PARTNEKS, INC. CONSULTING SERVICES FOR ARCHITECTURAL DESIGN SERVICES
AND CONSTRUCTION ADMINISTRATION OF THE CITY OF AVENTURA
COMMUNITYfRECREATION CENTER.
CITY OF AVENTURA FLORIDA
ATTEST: By:
Teresa M. Soroka, CMC
City Clerk
Eric M. Soroka, City Manager
Da~e:
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
CITY ATTORNEY
BEILMELLO, AJAMIL & PARTNERS
By:
Date:
Sep 28 '00 22:44
EXHIBIT A - PHASE 1
S~p 28 '00 22:44 P. iO
September 26, 2000 (revised 9/29/00)
Via Mail & Fax: 305-466-8919
Mr. Eric M. Soroka
City Manager
City of Aventura
2999 N.E. 191 Street, Suite 500
Aventura, Florida 33180
RE:
Invitation to Submit Qualifications
ISQ #00-07-25-2
City of Aventura
Community/Recreation Center/Phase One Services
Dear Mr. Soroka:
We are excited to have the opportunity in assisting the City in connection with the
planning and design of the City of Aventura's Community and Recreation Center.
As previously discussed we are presenting for your review and comments our fee
proposal, which we have broken down into two phases and several tasks.
Our fee proposal is based on the following:
A. PROJECT DESCRIPTION
The site consists of approximately 3.5 acres for Alternate One and approximately
3.2 acres for Phase Two, for a total area of 6.7 acres. We will be looking at
alternatives that develops the site in one phase or two phases.
The proposed Community/Recreation Center will provide for meeting rooms,
classrooms, an indoor basketball court, offices, and any other recreational
components that are identified at the community meetings and workshops to be
organized by the City. The Consultant will also consider the implications and
feaeibility of a future brldge to Founders Park. The Community Center will be
designed in a park-like setting that will provide park-like activities as determined
RE: Invitation to Submit Qualificatious
ISQ ~/00-07-25-2
Page 2
through the community meetings and workshops.
The project will be designed and constructed on a fast track basis, which will be
developed and coordinated through a construction manager to be selected by the
City.
The proposed project budget established by the City is ~'5,500,000 (hard cost)
which includes the development of approximately 6.7 acres and possibly a
connecting pedestrian bridge to Founders Park, the latter subject to construction
cost estimates to be prepared at the conclusion of Phase One services.
PHASE ONE - SCOPE OF SERVICES
This section, consisting of Task No. I through No. 6, encompasses the
identification of overall site constraints, program needs, probable construction
costs and schedule. This is the most critical phase, since the City's needs are
identified and costs are confirmed. The Consultant's goal will be to develop a
master site plan, with the required phasing options to accommodate the City's
budget and operational priorities. Once the Phase One tasks are completed, the
Construction Manager (to be retained by the City) should be incorporated as part
of the team at that time.
The Consultant anticipates that Phase One will be completed by no later than April
2001, since it's governed by the Community and Workshop Meetings described
below*:
Task One: Data Collectiqn and Inventory/On-Site Analysis
In this task, we will obtain and review e|l City provided existing base survey
information; utility information; prior traffic analysis and reports; prior parks and
recreation master plans; and City zoning codes relevant to the site. The
Consultant will carry out site visits as required to document alt existing conditions
with regard to pedestrian and vehicular access; and adjacent land uses and
waterfront conditions.
Consultant will also provide an overall analysis of the site including documentation
of the opportunities and constraints that will shape the development of the site
· If the technical information that is needed is not made available to ~he Consultant on a
timely basis, the Consultant will request from the City an authorization to secure said information.
Said costs are not reflected in this fee propose[ end shall be treated as a reimbursable cost or
additional services fee,
Sap 28 '00 22:45 P. 12
RE: Invitation to Submit Qualificatioas
ISQ 000-07-25-2
Page 3
plan. This analysis information will include existing vegetation, circulation,
adjacent land uses, drainage, and the relationship of these elements to the
proposed program elements,
Deliverables in this phase will consist of base maps, with site reference photos
which will be used in the project design, graphically documenting the findings of
the analysis performed by the Consultant. In addition, these base maps will be
accompanied with diagrammatic layouts to scale of the building footprints
reflecting the preliminary program needs. The documents will be used as a
reference in the site design and master planning. In addition, these services will
serve as well as a tool to solicit input at the community workshops and meetings.
The Consultant will participate in a kickoff meeting with City staff to obtain
technical information, assist in the development of the program and formulate
plans for the public involvement components of the project.
Cost of this task .............................. $18,000.00
Tas. k Two: Civil En.~ineerino/Envir_onmental Review
Data Collection and Review - Collect and evaluate information on existing
flood zone, water, sanitary sewer, and local drainage conditions. Identify
need for off-site improvements and review with regulatory agencies.
Earthwork and Drainage - Perform "cut and fill" calculations for the property
based on a proposed site plan to establish volume of material necessary to
fill the site to proper grade. Develop a stormwater management plan and
review with regulatory agencies; make recommendations .as appropriate.
Water Distribution and Sanitary Sewer - Prepare master plan for the main
water distribution lines and sanitary sewer gravity lines within the property.
Establish locations and anticipated flows for a sewage pump station if
required. Identify any off-site improvements that may be needed to serve
the new development. Coordinate with the water and sewer
department/local agencies.
4, Paving and Drainage Plan - Prepare a grading and drainage master plan.
Report and Findings - Issue a written report, summarizing findings and
recommendations of the infrastruc[ure needs.
6. Environmental Review - "Specialty Consultant" - Environmental review of
Sep 28 '00 22:45 P. 15
glO: Invitation to Submit Qualifications
ISQ 000-07-25-2
Page 4
the site, review of our proposed plans and advice on regulatory permitting
for the project will be provided by Patricia McNeese from Environmental
Consulting.
Cost of this task .............................. $12,000.00
Task Three: Conceotual Plans
In this task, the Consultant will prepare up to three (3) conceptual diagrams
depicting alternative planning/design options with regard to the adjacencies of the
program elements for the park, within the context of the surrounding
neighborhood.
Deliverables in this task will consist of computer generated colored diagrammatic
site plans; site sections; site elevations; two "vignettes" {small renderings of the
option selected by the City}; and probable construction costs for review by the
City staff. These exhibits will be suitable for presentations.
Cost of this task .............................. ~20,000.O0
Task Four: Schematic Design Documents
In this task we will synthesize the comments received from both City staff and
citizens on the diagrammatic plans which form part of the master plan. Said
diagrammatic plans will include location of building footprints; building sections
and elevations, three (3} "vignettes" and probable construction costs. In addition,
pedestrian circulation, vehicular circulation, parking, general location of site
amenities, and vegetative massing shall also be identified in the master site plan.
Also in thle 1;ask~ structural M.E.P. end,nears will be ~ivln~l their input on provided
for support space requirements, including room sizes, base building system
descriptions, along with diagrammatic layouts, and probable construction costs.
Deliverables in this task will be a black and white, reproducible master plan; a
detailed ground floor site plan illustrating building layouts, elevations, section in
AutoCAD format that will be accompanied by probable cost estimate for the
overall development of the site.
Cost of this task .............................. $34,000.00
Task Five: Final Master F'lao
In this task, the Consultant will incorporate all final comments and revisions, as
part of a final master plan (as a full phase or two phased project) that will include
the locations of all buildings, parking lots, sidewalks, site amenity areas,
Sep 28 '00 22:46 P. 14
RE: Invitation to Submit Qualificatiou$
ISQ ~00-0?-25-2
Page 5
waterfront activities. This phase includes final presentation of the master plan to
the City Commission.
Deliverables in this task will be either a hand colored or computer generated
master site plan in AutoCAD format, colored building layouts, and two {2)
architectural "vignette" renderings along with a final order of magnitude cost
estimate.
Cost of this task ............................. $26,000.00
Task Six: Community Meetin.o,s/City Commission Workshop/Consensus Builder
In this task, five {5) members from the Consultant team representing different
disciplines will be attending, documenting and presenting findings, as well as the
recommended conceptual designs. These design recommendations will be
accompanied with appropriate exhibits to present Consultant's findings, at said
meetings.
Cost of this task ............................... $3,000.00
TOTAL COST FOR TASKS NO. I THROUGH NO. 6 .......... $113,000.00
p. HASE TWO - TO BE DETERMINED AT THE CONCLUSION OF PHASE NO.
The Phase Two services will consist of schematic design documents through
construction administration for the preparation of all design and construction
documents and specifications to construct the facility as determined in Phase One
Master Planning Pha~o. The cost for this phase will be established upon the
completion of Phase No. 1, based on a fee as a percentage of the construction
budget The fee for Phase No. 2 will only be for basic architectural and engineering
services. All additional services, such as soil surveys, renderings, models, and
reimbursable expenses will be above and beyond the basic service agreement.
IV TOTAL COST (PHASE ONE)
Task No. 1: Date Collection and Inventory/On-Site Analysis ............. $ 18,000
$ 12,000
Task No. 2: Civil Engineering ..................................
Task No. 3 Conceptual Plans .................................. $ 20,000
Task No. 4 .~ehematlc Master Plan .............................. ~ 34,000
Task No. 5 Final Master Plan .................................. 9 26,000
Task No, 6 Community Meetings/Ciw Commission Workshop/
Consensus Builder .................................. $ 3,°00
TOTAL PROPOSED FEE FOR PHASE ONE ........................... $113,000
Sep 28 '00 22:46 P. 15
RE: Invitation to Submit Qualifications
ISQ 000-07-25-2
Page 6
Direct costs associated with the project such as parking, printing, photography, courier,
mileage, etc., shall be considered reimbursable expenses. Said costs will be billed by the
Consultant on a monthly basis.
We look forward in starting this very exciting project for the City of Aventura as soon as
possible. Please contact me at your earliest convenience tO review your comments and
finalize our agreement.
~A
Associate
EL:jc
CC;
Rai Fernandez, Partner/B&A
Diana G arcia,Controller/B&A
Sep 28 '00 22:46 P. 16
EXHIBIT B - COMPENSATION FOR ADDITIONAL SERVICES
City shall cOmpensate Consultant for authorized additional services only based on the following
hourly rates or fees contained in an approved Work Authorization.
Sep 28 '00 22:46 P. 17
City of Aventura
Community/Recreation Center - ISQ #00-07-25-2
Exhibit "B"
ARCHITECTURE
Hourly
Rate'
Principal ...................... $158.00
Director of Design/
Sr Project Manager .............. $155.00
Sr Designer/Programming ........ $94,00
Project Architect ................ $8(;.00
~Iob Captain .................... $58.00
D~signer ...................... $55.00
CADD Technician .............. $48.00
LANDSCAPE ARCHITECTURE
Director ....................... $112,00
Sr Landscape Architect ........... $67.00
INTERIOR DESIGN
Director ....................... $8~.00
Sr Interior Designer ............. $$7.00
CIVIL ENGINEERING
Director ....................... $136.00
Sr Engineer .................... $105.00
CADD Technician .............. $5 $.00
MISCELLANEOUS
· ~m4y ra~ are irt e~eet for o~le~lar y~' 2000. Rat~ will be acljugt~d ~mually each ~t~mu~y and will
remain in effect for the entire calendar year.
Sep 28 '00 22:47 P. 20
SCHEDULE C - INSURANCE
The Consultant shall maintain aI i~s sole cost and expense ,insurance coverage reflecting the
minimum amounts and conditions specified.
WORKER'S COMPENSATION
The Consultant shall procure and maintain, for the life of this ContractYAgreement, Worker's
Compensation Insurance coveting all employees with limits meeting all applicable state and federal
laws. This coverage shall include Employers' Liability with limits meeting all applicable state and
federal laws. Thirty (30) days notice of cancellation is required and mus~ be provided to the City of
Aventura via Certified Mail,
COMPREHENSIVE GENERAL LIABILITY
The Consultant shall procure and maintain, for the life of this Contract/Agreement, Comprehensive
General Liability Insurance. This coverage shall be on an "Occurrence" basis_ Coverage shall include
Prermses and Operations. This policy shall provide coverage for death, personal injury or property
damage that could arise directly or indirectly fi'om the performance of this Agreement.
The Minimum Limits of Coverage shall be $500,000 per occurrence, Combined Single Limit for
Bodily Injury Liability and Property Damage Liability.
The City of Aventura must be named as an additional insured unless equally protective Ovmers and
Contractor's Protective Coverage is dso provided for City's benefit by Consultant.. Thirty (30) days
written notice must be provided to the City of Aventura via Cextified Mail in the event of
cancellation or impairment.
BUSINESS AUTOMOBILE LIABILITY
The Consulmm shall procure and maintain, for the llfe of the Contra~t/Agreement, Business
Automobile Liability Insmanee.
The minimum limits of coverage shall be $300,000.00 per occurrence, Combined Single Limit for
Bodily Injury Liability and Property Damage Liability. This coverage shall be an "Any Auto" or
"Comprehensive Form" type policy.
In the evem the Consultant does not own any vehicles, City will accept the hired and non-owned
coverage in the mounts listed above. In addition, City will require an affidavit signed by the
consultant indicating the following:
10
Sep 28 '00 22:~8 P. 2~
"Company Name" does not own any vehicles. In the event we acquire any vehicles
throughout the term of his Contract/Agreement, "Company Name" a~rees m purchase "Any
Auto" or "Comprehensive Form" coverage as of the date of acquisition.
Comultants Signature
The City of Aventura must be listed as an Additional Insured under the Policy. Thirty (30) days
written notice must be provided to the City of Aventura via Certified mail in the event of
cancellation.
PROFESSIONAL LIABILITY INSURANCE
Consuimnt shall procure and maintain Professional Liability Insurance for the term of this
Contract/Agreement. Consultant shall make every effort ~o maintain said insurance for a period of
two (2) years after the terms of this Agreement. The minimum limits of coverage shall be $500,000.
Any deductible will be the responsibility of the Consultant. Thirty (30) days written notice must be
provided to the City of Aventura via Certified Mail in the event of cancellation. Consultant shall
inclu~, provisions in contracts with sub-consultants (other than irrigation) that they shall provide the
same insurance coverages adequate to cover their potential liability. The CITY may choose to ask
the CONSULTANI to acquire Project Coverage which coverage would b* rcs,fred exclusively for
the CITY. If the CITY chooses this alternative than the cost of this insurance would be paid for by
the CITY.
SUPPLEMENTAL PROVISIONS
The insurance coverage afforded by this policy(s) shall not be canceled or non-reaewed,
except alter thirty (30) days prior written notice by Certified Mail, Remm Receipt
Requested, has becu given to the City of Aventura City Manager; in such case, every effort
shall be made by Consultants to secure substitute insumuce providing the required coverage
for the entire period as required. Failure to maintain insurance shall be grounds for
termination by City.
Certificates of Insurance meeting the specific required provision specified within this
Contract/Agreement shall be forwarded to thc City of Aventura City Manager, and approved
prior to the start of any work or the entry upon of any City property.
11
SE?-2g-00 FRI 09:47
-
~. CERTIFICATE OF LIABILITY INSURANCE
.....
;u~t Global Partners of
Century Financial Services
P0 B°X 811088
Boca P.~at. on, PL, 33481-1088
;Bermello, A~amil A ~r~ners
~Sui~e 1000
~Miami, ,FL, 33133
If~UR~ AFFORDING COVERAGE
~&~--~ ~A~-C£~rd ~h~b~%c~-~o, '-"
..............
~ ~.,~!~: ..........~&%~ .......................
A ~£.)~ ~me~Y 21UUNIN1571
'~ ..............
~ ,1 ~ 9.0~, .0
C ~n Architects KY0050402 Ccc.
~Profes~ional
~,labil%%y_ Gen. Ag~. $2. 000,
Professional ~iab~lity Coverage is Claims-Made, Excess of $25,000 Deductible
each Claim. Retroactivs Date: 0~/19/91.
The City of Aventura is named as additional insured in respects to General
Liability.
,City of Aventura
AOO~2~SU~D1 of 2 #~117265/Mlt~473
RTL e acorn) CO~PORA~ON 19M,
Sep 28 '00 22:47 P. 19
SEP-29-O0 FRI 09:48 Ail CENTURY FNANCIAL SGP F~ NO. 5613620133 P, 03
IMPORTANT
tho certificate herder is an ADDITIONAL iNSURED, the po]~cy(~es} mu~t be endowed. A statement
on Ihi~ eeraT~cale does not confer rights to the certillca~.e hol~er in lieu of such endorsement(e).
requi~e a~ enclo~ement A st~emen~ aa th~ ee~'t~te does not confer r',ghts to the certificate
DISCLAIMER
The Certificate o! Insurance on the reverse si0e O! this [o1~ ~loes no~ conslitute a ceeb'act betwee~q
~be ie~u~ng ~surer(~), authorized eep~at~ve or producer, and the ¢ertlf~ate Bolder, tlOr does it
affirrr~tlvely or negel~ve[y amend, extend or ~er the coverage affoffiedbythepolioies i[stodthe~eon.
ACORD2~(;~3~gR of 2 ~gllT~65/M~_13~73
CITY OF AVENTURA
TO:
FROM:
DATE:
SUBJECT:
OFFICE OF THE CITY MANAGER
MEMORANDUM
City Commission
Eric M Soroka, City
September 28, 200~
Resolution Supportir
r
i;~/~ indstorm Insurance Legislation Reform
October 3, 2000 City Commission Meeting Agenda Item 8-C
As per the City Commission's direction at the Workshop Meeting, attached is a
proposed resolution relating to Windstorm Insurance Legislation reform.
If you have any questions, please feel free to contact me.
EM$/tms
attachment
RESOLUTION NO. 2000-__
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF AVENTURA, FLORIDA, SUPPORTING
ACTION BY THE FLORIDA LEGISLATURE TO
REFORM WINDSTORM INSURANCE LEGISLATION
SO THAT ADEQUATE PROTECTION IS AVAILABLE
AT REASONABLE AND FAIR RATES; PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, it is necessary to comprehensively revise Florida Statutes
pertaining to the windstorm insurance industry so that the failure of the current system
is corrected and property owners are able to obtain effective insurance at fair and
reasonable rates; and
WHEREAS, various proposals have surfaced conceming reformation of the
windstorm insurance system, including those calling for legislative revisions and others
advocating petition drives to amend the Florida Constitution to resolve the problem;
and
WHEREAS, the City Commission supports efforts by Senator Silver and
Representative Heyman to work with the Florida Legislature to comprehensively
address remediation of the windstorm insurance problem.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. Recitals Adopted. The above stated recitals are hereby confirmed
and adopted.
Resolution No. 2000-__
Page 2
Section 2. Legislation Requested. The City Commission supports a series of
revisions to the Florida Statutes to provide a comprehensive reform of the windstorm
insurance industry, including legislation embracing the following components:
Prohibit insurance companies from setting rates upon the basis
of privately generated computer models, and instead require
that any computer model used be available for public review
and the approval by the State Insurance Commissioner;
Discontinue the insurance industry dominated arbitration panel
for review of insurance rates, and restore the veto power of the
State Insurance Commissioner over the approval of rates;
Require insurers which offer property, liability and/or windstorm
insurance in any area of Florida to provide the same level of
coverage throughout the entire state;
Enable representatives of consumer groups, rather than
insurance industry representatives, to hold a majority of
positions in the governing board of the Florida Windstorm
Underwriting Association;
5. Require windstorm insurance coverage to offer replacement
value coverage, not simply actual cash value;
Provide fair credits for those policy holders who already have
flood insurance and other coverage, under those circumstances
in which the windstorm insurance coverage provides for a set-
off from other coverages; and provide a credit on other
insurance premiums for those policy holders having windstorm
insurance;
Provide meaningful credits for those insured persons who
employ mitigation techniques, including the installation of
shutters, impact resistant glass and other protective devices;
Clearly define what is covered by windstorm, property, and
other insurance varieties, while identifying any duplication or
gaps in coverage.
2
Resolution No. 2000-__
Page 3
Section 3. Implementation. The City Manager is hereby authorized to take all
necessary action to provide for the implementation of the purposes of this resolution.
Section 4, Effective Date. 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
, and upon being put to a vote, the vote was
Commissioner
as follows:
Commissloner Arthur Berger
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Harry Holzberg
Commissioner Patricia Rogers-Libert
Commms~oner Jeffrey M. Perlow
Mayor Arthur I. Snyder
PASSED AND ADOPTED this 3r" day of October, 2000.
ATTEST:
ARTHURI. SNYDER, MAYOR
TERESA M. SOROKA, CMC, CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
3
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
City Commission ~-
Eric M. Soroka, City~a_n~an
September 27, 2000
Police Department 800 Mhz Radio System Project
October 3, 2000 City Commission Meeting Agenda Items
RECOMMENDATION
It is recommended that the City Commission take the following actions to implement the
creation of a joint use 800 MHz radio communication system for improving police
dispatch services for the Cities of Aventura and North Miami Beach:
· Approve by motion the Memorandum of understanding between the two Police
Departments which provides the basis for the joint establishment of the system
· Adopt a Resolution which authorizes execution of a Lease Agreement with the
2000 Island Boulevard Association Inc at Williams Island for a room to house the
radio equipment and space for rooftop antennas.
· Approve by Motion authorizing the appropriation of up to $70,000 for the radio
system equipment from the Police Forfeiture Fund.
This project will be equally funded on a 50/50 basis with the City of North Miami Beach.
A portion of the project was included in the City's five year Capital improvement
Program as approved by the City Commission.
.BACKGROUND
The Police Department performs police dispatching functions under the direction and
support of the Miami Dade County 800 MHz radio system. The Miami Dade system is a
20-channel trunking system, which is utilized by the majority of municipalities in Miami
Dade County and by all of the Miami Dade Police Department. The sharing of these
limited channels by the many groups on the system leads to unacceptable wait times
that make it difficult for officers to be acknowledged on the radio frequency. Miami
Dade has indicated that further release of groups will compromise their radio system
reliability. To add to the complication of radio problems, the City of Aventura is the
northern most City on the system. The supporting antenna is located approximately 5
Memo to City Commission
Page 2
miles south of our City and is facing south. This causes us to be on the "back-end" of
the system thus reducing transmission coverage.
As a solution to the above stated problem, the Aventura Police Department, in
conjunction with the City of North Miami Beach Police Department, set out to identify an
800 MHz system which would provide both cities with a radio system to facilitate the
dispatch of police department personnel and supporting staff; be able to utilize the
existing equipment already purchased by the City of Aventura; and operate in
conjunction with Miami Dade County's 800 MHz system.
In order to implement the system, an antenna site was needed. After doing a technical
study, the Williams Island 2000 Island BIvd building was found to be the most desirable
site to place the radio equipment and antennas in order to receive the best radio signal
coverage for all of the City of Aventura and North Miami Beach area. We have
negotiated a Lease Agreement with the 2000 Island Boulevard Association, Inc, at
Williams Island for a room to house the radio equipment and space for the rooftop
antennas. The lease is for an initial term of five years and is renewable for 4 additional
five (5) year terms. The rental amount is $25,000 paid in a lump sum upon execution of
the Agreement.
In order to resolve compatibility issues, we will be utilizing the same system that
presently operates in Miami Dade County. ComNet Ericsson is the trunked 800 MHz
EDACS radio provider for Miami Dade County's radio system. This will be a sole source
purchase in accordance with our Purchasing Procedures Ordinance. Communications
International is the only authorized EDACS reseller in Florida. The City of Hollywood
has purchased this same system on a "sole source" basis.
The total cost to implement the system over a four year period is projected to be
$870,000, which will be split between the two cities. The initial cost is $471,000
($446,000 for ComNet Ericsson and $25,000 for the 2000 Island Boulevard
Association, Inc.). The City's share will be funded as follows:
· Police Capital Impact Fee Fund 1999/00 Carryover$86,000
· Police Capital Impact Fee Fund 2000/01 100,000
· Police Forfeiture Fund 50,000
Total $236,000
In addition to the above, a radio bi-amp antenna system is needed at the new
Government Center to insure radio reception/transmission on the first floor of the
facility. The Police Forfeiture Fund request includes $20,000 for this equipment.
Memo to City Commission
Page 3
In order to improve the radio communications for our Police Department and better
serve our residents and businesses, now and in the future, it is recommend that the
City Commission approve the action items as outlined above. If you have any
questions, please feel free to contact me.
EMS/aca
Attachment
MEMORANDUM OF UNDERSTANDING
CITY OF AVENTURA AND CITY OF NORTH MIAMI
BEACH
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding (MOU) is entered into by the Aventura
Pofice Department and the North Miami Beach Po/ice Department.
PURPOSE
The purpose of the MOU is to outline the joint mission of the above named
participating agencies, which will share a radio system in order to facilitate the
dispatching of each res 3ective police department's personnel within their Cities.
MISSION
The primary mission of the participating agencies, as equal partners to the rights
and privileges of the radio station-license, is to share equally in all costs and
expenditures involved with the equipment, construction and maintenance of the radio
system.
Both parties agree to equally control and administer all the equipment involved
under this MOU; which shall include, but not be limited to, authorization of vendors to
work on the system.
CANCELLATION OF MOU
It is mutually agreed that should either party desire to withdraw from this joint
venture, then that party that wishes to withdraw, may abandon its interest and dghts
under this venture to the remaining agency. However, if the withdrawing agency
decides to sell its interests and rights, instead of abandoning them, then the
withdrawing agency shall give the remaining agency the right of first refusal to purchase
the withdrawing agency's interests and rights, if the remaining agency determines not
to elect its right of first refusal, then it shall not unreasonably deny the transfer to
another agency. Any attempt to cancel/abandon or acquire the ~ interest shall be in
writing and signed by both parties.
ADDITIONAL AGENCIES
Both parties agree that if other agencies want to participate in this joint venture
or utilize the frequencies involved, then that said participation and usage must be
mutually agreed upon.
LOAD BALANCING
Both parties agree that should an agency want to add mobile data to the load
balance, add other agencies, or conduct engineering studies then such shall only be
accomplished by mutual agreement.
POWERSi PRIVILEGES and IMMUNITIES
Each agency agrees to provide financial responsibility for their respective
personnel, equipment or facilities and shall bear any loss or damage it may incur.
Furthermore, each agency agrees to be responsible for all acts or conducts of its
employees.
TRUNKING SYSTEM
It is mutually agreed upon that if both agencies want to utilize a trunking system.
then all frequencies acquired jointly under call sign WPPW521 issued on or about
February 10, 2000 and expiring on or about February 10, 2005, shall be pooled
together. However, if it is mutually agreed upon that separate systems shall be
maintained, then the acquired frequencies shall be equally split amongst the parties
herein.
DURATION
This MOU is intended to be open ended and shall be valid as long as this joint
mission is in existence.
EFFECTIVE DATE
This MOU shall be in effect from the date of the last party's signing.
AG ENCY REP RES E NTATIVES
Ave~'lJ'ra Police Department
/
CITY OF AVENTURA
OFFICEOFTHECITYMANAGER
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
City Commission ~,
Eric M. Soroka, Cityya_n
September 27, 2000
Police Department 800 Mhz Radio System Project
October 3, 2000 City Commission Meeting Agenda Items __
RECOMMENDATION
It is recommer-~ed that the City Commission take the following actions to implement the
creation of a joint use 800 MHz radio communication system for improving police
dispatch services for the Cities of Aventura and North Miami Beach:
· Approve by motion the Memorandum of understanding between the two Police
Departments which provides the basis for the joint establishment of the system
· Adopt a Resolution which authorizes execution of a Lease Agreement with the
2000 Island Boulevard Association Inc at Williams Island for a room to house the
radio equipment and space for rooftop antennas.
· Approve by Motion authorizing the appropriation of up to $70,000 for the radio
system equipment from the Police Forfeiture Fund.
This project will be equally funded on a 50/50 basis with the City of North Miami Beach.
A portion of the project was included in the City's five year Capital Improvement
Program as approved by the City Commission.
BACKGROUND
The Police Department performs police dispatching functions under the direction and
support of the Miami Dade County 800 MHz radio system. The Miami Dade system is a
20-channel trunking system, which is utilized by the majority of municipalities in Miami
Dade County and by all of the Miami Dade Police Department. The sharing of these
limited channels by the many groups on the system leads to unacceptable wait times
that make it difficult for officers to be acknowledged on the radio frequency. Miami
Dade has indicated that further release of groups will compromise their radio system
reliability. To add to the complication of radio problems, the City of Aventura is the
northern most City on the system. The supporting antenna is located approximately 5
Memo to City Commission
Page 2
miles south of our City and is facing south. This causes us to be on the "back-end" of
the system thus reducing transmission coverage.
As a solution to the above stated problem, the Aventura Police Department, in
conjunction with the City of North Miami Beach Police Department, set out to identify an
800 MHz system which would provide both cities with a radio system to facilitate the
dispatch of police department personnel and supporting staff; be able to utilize the
existing equipment already purchased by the City of Aventura; and operate in
conjunction with Miami Dade County's 800 MHz system.
In order to implement the system, an antenna site was needed. After doing a technical
study, the Williams Island 2000 Island Blvd building was found to be the most desirable
site to place the radio equipment and antennas in order to receive the best radio signal
coverage for all of the City of Aventura and North Miami Beach area. We have
negotiated a Lease Agreement with the 2000 Island Boulevard Association, Inc, at
Williams Island for a room to house the radio equipment and space for the rooftop
antennas. The lease is for an initial term of five years and is renewable for 4 additional
five (5) year terms. The rental amount is $25,000 paid in a lump sum upon execution of
the Agreement.
In order to resolve compatibility issues, wa will be utilizing the same system that
presently operates in Miami Dade County. ComNet Ericsson is the trunked 800 MHz
EDACS radio provider for Miami Dade County's radio system. This will be a sole source
purchase in accordance with our Purchasing Procedures Ordinance. Communications
International is the only authorized EDACS reseller in Florida. The City of Hollywood
has purchased this same system on a "sole source" basis.
The total cost to implement the system over a four year period is projected to be
$870,000, which will be split between the two cities. The initial cost is $471,000
($446,000 for ComNet Ericsson and $25,000 for the 2000 Island Boulevard
Association, Inc.). The City's share will be funded as follows:
· Police Capital Impact Fee Fund 1999/00 Carryover $86,000
· Police Capital Impact Fee Fund 2000/01 100,000
· Police Forfeiture Fund 50,000
Total $236,000
In addition to the above, a radio bi-amp antenna system is needed at the new
Government Center to insure radio reception/transmission on the first floor of the
facility. The Police Forfeiture Fund request includes $20,000 for this equipment.
Memo to City Commission
Page 3
In order to improve the radio communications for our Police Department and better
serve our residents and businesses, now and in the future, it is recommend that the
City Commission approve the action items as outlined above. If you have any
questions, please feel free to contact me.
EMS/aca
Attachment
RESOLUTION NO. 2000-._.
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AUTHORIZING THE
CITY MANAGER TO EXECUTE THE ATTACHED LEASE
AGREEMENT WITH ISLAND BOULEVARD
CONDOMINIUM ASSOCIATION, INC. FOR THE
INSTALLATION OF POLICE RADIO FACILITIES;
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
Lease Agreement with Island Boulevard Condominium Association, Inc. for the
installation of police radio facilities on real property located at 2000 Island Boulevard.
Section 2. The City Manager is authorized to do all things necessary to carry
out the aims of this resolution.
Section3. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by 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
Commissioner Ken Cohen
Commissioner Harry Holzberg
Resolution No. 2000-.__
Page 2
Commissioner Patricia Rogers-Libert
Commissioner Jeffrey M Perlow
Mayor Arthur I. Snyder
PASSED AND ADOPTED this 3'a day of October, 2000.
ARTHUR I. SNYDER, MAYOR
ATTEST:
TERESA M. SOROKA, CMC, CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
WILLIAM'S ISLAND LEASE AGREEMENT
RECEI F--
~. ~chael Beck
~esident
2000 Island ~oulevard
W~ams Island, FL 33160
WEISS S E 1ROTA H ELF l~2kl~
P2kSTOI~IZ~ ~ GUEDES, P.A.
ATTORN£YS AT LAW
2!66S SOUTH BAYSHORE DRIVE
SUITE 4~0
MIAM[~ FLORIDA 33133
September 20, 2000
Re: Lease Agreement between the 2000 Island Boulevard Association, Inc. (the
i "Association") and the City of Aventura (the "City") (the "Lease
I Agreement").
Dear Mr. Beck:
Enclgsed please find a draft of the referenced Lease Agreement for the Association's
review and domment.
We ~ave reviewed the Condominium documents provided by Ms. Lisa Vogel, including
the documegts provided for the Williams Island Property Owners' Association (the "Master
Association?). Enclosed is a draft of a Resolution to be executed by the members of the
Association'~ Board attesting to the fact that all approvals required by the Condominium
documents ~nd Florida taw for leasing of common elements to the City have been obtained,
including ar[y approvals required from the unit owners. Please have the Resolution properly
executed bylthe Board and return the original to me for our records.
The
architectura
required of
required ant
documents for the Master Association for Williams Island appear to require
approval of the City's rooftop radio facilities. Specifically, approval may be
dans and specifications for the City's facilities. Please advise if such approval is
if so, provide us with the necessary written approval fi:om the Master Association.
Mr. MichaeliBeck
September 20, 2000
Page 2
We >ok forward to working with you and finalizing the Lease Agreement. Should you
have any qt~estions or require additional information regarding the Lease Agreement, please
contact me.
LAD\del
328.001
Enclosures
cc: Chie
Com
Davi
Stew
Very truly yours,
Lillian Arango de laqGoz
?Tom Ribel (w/encs.)
nander Deidre Fogelgren (w/encs.)
t M. Wolpin, Esq. (w/encs.)
:n W. Zelkowitz, Esq. (w/encs.)
WEISS SEROT~ HELFI~AN
PASTORIZA ~c OUEDES, P.A.
CERTIFICATE OF CORPORATE RESOLUTIONS,
CORPORATE STATUS AND INCUMBENCY
(Condominimn Association)
The 9ndersigned, the Secretary of 2000 ISLAND BOULEVARD CONDOMINIUM
ASSOCIATION, INC., a Florida non-profit corporation (the "Association"), hereby certifies
that:
1. The Association is a duly formed, validly existing corporation in good standing
under the lawqs of the State of Florida.
2. Attached hereto as Exhibits "A", "B" and "C", respectively, are true, complete and
correct copie4 of the following as in effect on the date hereof: Certificate of Good Standing for the
Association; i certified Articles of Incorporation of the Association; and the Bylaws of the
Association. [
3. [ On , 2000, at a duly noticed and called meeting, the following
resolutions Were (i) adopted by the Board of Directors of the Association in accordance with the
Declaration of Condominium of the Association (together with any and all amendments thereto),
and the Artk~les of Incorporation and Bylaws of the Association (all of the foregoing collectively
referred to M the "Condominium Documents") and (ii) approved by the Unit Owners to the extent
required by the Condominium Documents and Florida Law; and the same have not been revoked,
canceled, anllulled or amended in any manner and are in full force and effect on the date hereof.
RES~ )LVED, that the Association approves the rental to the City of Aventura, a
Flori, la municipal corporation (~City"), of space on the roof of the building located
at 2(00 Island Boulevard together with space within the building (the "Leased
Parc{ 1") for installation of radio facilities and equipment, and that the Association
grants to City a non-exclusive easement for ingress and egress and related purposes
to sa~d Leased Parcel;
FUR(FlIER RESOLVED, that the Association approves the rental and grant of an
easement to City being evidenced by the terms, conditions and provisions of that
certain Lease Agreement (the "Lease") to be made, executed and delivered by the
AssoCiation, as Lessor, and City, as Tenant, in substantial conformity to the form of
Leas, presented to this meeting;
FUR ITIER RESOLVED, that the President of the Association be and hereby is
auth{ ,rized to execute and deliver the Lease, but with such modifications and
addil,ional provisions as the President executing the Lease may deem advisable, and
any and all related documents as the President of the Association may deem
advk, able, said Lease and all such related documents executed and delivered as
afore said to be and constitute the acts and obligations of the Association, the
Assc' :iation hereby ratifying and confirming all of the acts of its President in
con~'ection with the foregoing, irrespective of whether such acts were performed
before or subsequent to the date 9f the adoption hereof;
~,TItER RESOLVED, that the officers and employees of the Association are hereby
auth~ ,rized to perform all of the Association's obligations under the Lease and all related
docuinents; and
FUI~THER RESOLVED, that these resolutions shall continue in full force and
effect and may be relied upon by City.
4. ] The following are duly elected or appointed to the offices of the Association set
forth opposite their respective names and are incumbent in such offices as of the date hereof, and
the signatureS appearing opposite their respective names are the genuine signatures of such persons:
NAME
TITLE SIGNATURE
President
Vice President
Secretary
Treasurer
IN WITNESS WHEREOF, the undersigned has hereunto set his/her hand and affixed the
Association'~ corporate seal this __ day of ,2000.
2000 ISLAND BOULEVARD CONDOMINIUM
ASSOCIATION, INC., a Florida non-profit
corporation
· Secretary
(Corporate Seal)
!
The tlndersigned, the President of the Association, hereby certifies that
is the Secretary of the Association.
, President
2
STATE OF :LORIDA )
) SS
COUNTY OF )
The ~oregoing Certificate was sworn to, subscribed and acknowledged before me this
day of ~I ,2000, by as
Secretary o( 2000 ISLAND BOUI~VARD CONDOMINIUM ASSOCIATION, INC., a
Florida non~-profit corporation, on behalf of the Association who (check one) [ ] is personally
known to me or [ ] has produced as identification.
My Commis}ion expires:
Notary Public, State of Florida
Print Name:
(Seal)
STATE OF :LORIDA )
) ss
COUNTY oF. )
The fbregoing Certificate was sworn to, subscribed and acknowledged before me this __
day of~1 ,2000, by
as President/of 2000 ISLAND BOULEVARD CONDOMINIUM ASSOCIATION, INC., a
Florida non4 ~rofit corporation, on behalf of the Association who (check one) [ ] is personally
known to me or [ ] has produced as identification.
Notary Public, State of Florida
Print Name:
My Commis,,
328001\Resolut
ion expires:
ons\Corpomte Resolution - 2000 Island Boulevard Condo.
3
(Seal)
LEASE AGREEMENT
Thi~ LEASE AGREEMENT is made this day of , 2000 between 2000
ISLAND I~OULEVARD CONDOMINIUM ASSOCIATION, INC., a Florida non-profit
corporation whose address is 2000 Island Boulevard, Williams Island, Florida 33160 (hereinafter
referred to ~ LESSOR), and the CITY OF AVENTURA, a Florida municipality, whose address
is 2999 N.E 191 Street, Suite 500, Aventura, Florida 33180 (hereinafter referred to as TENANT).
i. LESSOR is the owner of certain real property and the building located at 2000
Island Boul, ..vard, Williams Island, Florida 33160 (the ~Building"). LESSOR hereby leases to
TENANT ti at area consisting of approximately square feet of space within the Building
(hereinafter ~he "Building Space~) and certain positions on the roof of the Building (hereinafter the
"Rooftop SI: ace"), for the installation of radio facilities, as more particularly described in Paragraph
lA hereinbe[ow and as shown on Exhibit"A" attached hereto and made a part he,,reof. The Building
Space and the Rooftop Space are hereinafter collectively referred to as the Lease Premises."
LESSOR further grants TENANT, its agents, employees, and contractors, the nonexclusive right
for ingress amd egress to the Building, parking area and elevators, seven (7) days a week, twenty-
four (24) h6urs a day, for the installation, maintenance, and operation of the follo~ving radio
facilities:
i A. Radio Facilities, including equipment and antennas, to be installed on the
Building, asimore particularly shown on Exhibit "A" attached hereto. The radio facilities include,
but are not Limited to the following: (1) Equipment and air conditioning system on approximately
squarelfeet of space located on the 21~' floor of the Building; (2) Cable or u:ansmission lines
shall run be!ween the Rooftop Space and the radio equipment located within the Building Space;
and (3) Antennas and equipment on the Rooftop Space. The antennas may be mounted at a
sufficient h~ight on the Rooftop Space now or in the future so that the signals transmitted and
received the~'eby will not be impeded by the Building or any other sumctures mounted thereon.
B. TENANT may make such alterations or modifications to the Building Space
and Rooftopi Space as are necessary for the installation and operation of its radio facilities, subject
to the approyal of LESSOR, which approval shall not be unreasonably wtthheld or delayed. Prior
to commencement of any alteration, TENANT shall submit plans of the proposed alteration to
LESSOR fo~' its approval. LESSOR shall have fourteen (14) days after receipt of Tenant's plans to
review and ~pprove same. Failure on the part of the LE?,SOR to notify TENANT within the
fourteen (14t day period shall constitute a wavier of LESSOR S rights hereunder and the plans shall
be deemed approved.
Said alterations made by Tenant shall be performed in a workmanlike
manner and idone so that no mechanics', laborers' or materialmen's liens will be permitted on the
Building. U~on the termination of this Lease, TENANT shall remove all of its equipment from the
Building. ~
us C. TENANT agrees to install radio equipment of a type and frequency which
will not ca e material interference with existing Unit Owners and tenants of the Building at the
time of sud installation. In the event TENANT'S equipment causes material interference,
TENANT x4ill take all steps necessary to correct and eliminate such interference at its sole cost.
LESSOR agrees not to allow any Unit Owner's or tenant's u, se of the r .o~, f of the Building or permit
additions an~t/or modifications to any current Unit Owner s or ten,a, nts use of the roof to cause
interference with or cause the improper operation of TENANT S facilities and equipment.
LESSOR further agrees not to lease any portion of the roof or the Building for plac,ement of any
other radio ~ cellular communication facilities which may interfere with TENANT S use of the
Lease Premi ~es.
D. LESSOR shall cooperate with TENANT in TENANT'S effort to obtain
utility servic .~s for the operation of its facilities by signing such documents or easements as may be
required by utility companies. LESSOR shall furnish the Lease Premises with electric service
sufficient fo the operation of TENANT'S facilities and equipment. Any change in existing
electrical fa,:ilities required to meet the needs of TENANT'S equipment shall be made at
TENANT's ~xpense. Any special electrical lines, conduit, circuit breaker switches or other
electrical ~fa~,lities located within the B,uitding shall be installed by a qualified electrical contractor
of TENANT'S choice and at TENANT S expense.
E. TENANT shall have the right to install, at its sole expense, supplementary
air conditionlng equipment in order to provide air conditioning on a twenty-four (24) hour a day,
seven (7) daI ,s a week basis. ,Should TENANT so desire, LESSOR shall provide space on the roof
of the Buildi ~g for TENANT S supplemental air conditioning components.
F. TENANT agrees that all finish work and any construction expense related to
the instatlatk .n of TENANT'S radio facilities will be at TENANT'S expense.
2. This Lease shall be for an initial term of five (5) years (the "Initial Term")
beginning od the date TENANT obtains all building permits and required approvals for its facilities
(the "Effectiye Date~). The rent for the Initial Term shall be Twenty Five Thousand and No/100
Dollars ($251000.00), to be paid in a lump sum payment upon execution of this Lease by LESSOR
and TENAN[I'.
A. TENANT shall have the option to renew this lm~qse for four (4) additional
five (5) yea~ terms (the "Renewal Terms"), and such renewals shall automatically occur unless
TENANT glves LESSOR written notice of its intention not to renew the Lease at least 90 days
prior to the grid of the current term. The rental for the renewal terms shall be mutually agreed
upon by LF~SOR and TENANT, subject, however, to an increase cap not to exceed the percentage
of increase from the prior year for assessments charged by the LESSOR for a "nine line unit"
within the Cqndominium.
B. Notwithstanding the foregoing, TENANT shall have the right to terminate
this Lease atiany time upon written notice to LESSOR, at least 90 days prior to termination.
not been te:
terminate at
the same cc
C. If at the end of the fourth (4th) five (5) year renewal term, this Lease has
minated by either party by giving to the other written notice of its intention to
least 90 days prior to the end of such term, this Lease shall continue in force upon
venants, terms and conditions for a further term of one (l) year, and for annual
2
terms there~tfter until terminated by either party by giving to the other written notice of its
intention to~so terminate at least 90 days prior to the end of such term. Monthly rental for this
period shatll be equal to the rent paid for the last month of the fourth (4th) five (5) year
renewal terrh.
legal descrit
hereto and I
"A." LES5
other structu
pertinent as:
borne by TE
LESSOR also grants to TENANT the right to survey the Lease Premises and the
;ion on the survey shall then become Exhibit "B' to this Lease, which shall be attached
ade a part hereof, and shall control in the event of discrepancies between it and Exhibit
DR grants TENANT the right to take measurements, make calculations, and to note
res, setbacks, uses, or other information as deemed by TENANT to be relevant and
.uch information relates to the Lease Premises. The cost of such survey work shall be
4. TENANT shall use the Building Space and Rooftop Space for the purpose of
cons cting,imaintaining and operating a Radio Communications Facility and uses incidental
thereto, consisting of the mounting of antennas on the Rooftop Space and the placement of
equipment irt the Building Space. All improvements shall be at TENANT'S expense. TENANT
will maintaifl the Rooftop Space and the Building Space in a reasonable condition. It is understood
and agreed t~at TENANT'S ability to use the Rooftop Space and Building Space is contingent upon
its obtaining[, after the execution date of this Lease all of the certificates, permits and other
approvals that may be required by any federal, state or local authorities. LESSOR shall cooperate
with TENANT in its effort to obtain such approvals and shall take no action which would adversely
affect the st,¥us of the Rooftop Space and Building Space with respect to the proposed use thereof
by TENANT. In the event that any of such applications should be finally rejected or radio
frequency te~ts are found to be unsatisfactory or any certificate, perm/t, license or approval issued
to TENAN~ is canceled, expires, lapses or is otherwise withdrawn or terminated by governmental
authority so !that TENANT, in its sole discretion, will be unable to use the Building Space and
Rooftop Space for its intended purposes, TENANT shall have the right to terminate this Lease.
Not~ce of theI TENANT S exercise of ~ts right to terminate shall be given to LESSOR in writing by
certified mail, return receipt requested, and shall be effective upon receipt of such notice by the
LESSOR as~videnced by the return receipt. All rentals paid to said termination date shall be
prorated as t)f that date and LESSOR shall refund TENANT the rent paid prorated as of the
termination date. Upon such termination, this Lease shall become null and void and all the parties
shall have nO further obligations, including the payment of money, to each other.
5. Subject to the provisions and monetary limitations of Section 768.28, Florida
Statutes, TENANT shall indemnify and hold LESSOR harmless against any claims of liability or
loss from p~rsonal injury or property damage resulting from or arising out of the use and
occupancy o
claims or da:
employees,
could be cov
the Building Space and Rooftop Space by the TENANT, excepting, however, such
nages as may be due to or caused by the acts of the LESSOR, or its servants, agents,
retractors, or Unit Owners, tenants or occupants of the Building.
LESSOR agrees that TENANT may self-insure against any loss or damage which
~red by a comprehensive general public liability insurance policy.
3
7. [ TENANT shall be responsible for making any necessary returns for and paying any
and all Building taxes separately levied or assessed against its facilities on the Building.
8. TENANT upon termination of this Lease, shall, within a reasonable period, remove
its equipment and facilities from the Building Space and Rooftop Space.
9. [ Should the LESSOR, at any time during the term of this Lease, decide to sell all or
any part of the Building, such sale shall be under and subject to this Lease and TENANT'S rights
hereunder.
10. LESSOR covenants that TENANT shall peaceably and quietly have, hold and enjoy
the Lease Premises.
11. i LESSOR covenants that LESSOR is seized of good and sufficient title and interest
to the real property and Building and has full authority to enter into and execute this Lease. Lessor
further cove/aants and represents to TENANT that it has obtained all approvals required by the
Declaration ~f Condominium, and all amendments thereto, Articles of Incorporation, Bylaws and
Rules and l~egulations of the 2000 Island Boulevard Condominium and the Williams Island
Property Asgociations, and will provide TENANT with a duly executed and authorized Resolution
of its Board setting forth these approvals. LESSOR further covenants that there are no liens,
judgments, r~strictions, or impediments to title of the Building and lease of the Lease Premises to
TENANT.
12. LESSOR represents and warrants that the Building is in compliance with all laws,
ordinances, ~otices, orders, rules, regulations and requirements of any and all federal, state, or
municipal gcvernments or the appropriate departments, commissions, boards and offices thereof, as
well as any and all notices, orders, rules and regulations of the National Board of Fire
Underwriter., or any other body exercising similar functions relating to all or part of the Building.
13. This I_ease and the performance thereof shall be governed, interpreted, construed
and regulate~ i by the laws of the State of Florida.
14. This Lease may not be sold, assigned or transferred at any time without the written
consent of the LESSOR, such consent not to be unreasonably withheld. TENANT may sublease
this Lease upon notice to LESSOR.
15. All notices hereunder must be in writing and shall be deemed validly given if sent
by certified mail, return receipt requested, addressed as follows (or any other address that the party
to be notifiea may have designated to the sender by like notice):
4
LESSOR:
2000 Island Boulevard
Condominium Association,
][nc.
Attn:
TENANT:
City of Aventura
2999 N.E. 191 Street
Suite 500
Aventura, Florida 33180
Attn: Mr. Eric M. Soroka, City Manager
16. i This Lease shall extend to and bind the heirs, personal representatives, successors
and assigns ~f the parties hereto.
17. [ At LESSOR'S option, this Lease shall be subordinate to any mortgage by LESSOR
which from !time to time may encumber all or part of the Building, provided, however, every such
mortgage shall recognize th,e validity of this Lease in the event of a foreclosure of LESSOR'S
interest andI also TENANT S right to remain in occupancy of and have access to the Lease
Premises. TENANT shall execute whatever instruments may reasonably be required to evidence
this subordirlation clause. In the event the Building is encumbered by a mortgage, the LESSOR, no
later than thirty (30) days after this Lease is executed shall have obtained and furnished to
TENANT aiNon-Disturbance instrument in recordable form for each such mortgage.
18. If the whole of the Building or such portion thereof as will make the Building
unusable for the purposes herein leased, are condemned by any legally constituted authority tbr any
public use o,' purpose, then in either of said events the term hereby granted shall cease from time to
time when ~ossession thereof is taken by public authorities, and rental shall be accounted for as
between LE gSOR and TENANT as of that date. Any lesser condemnation shall in no way affect
the respecti~/e rights and obligations of LESSOR and TENANT hereunder. Nothing in this
provision shall be construed to limit or affect TENANT'S right to an award of compensation of any
eminent domain proceeding for the taking of TENANT'S leasehold interest hereunder.
19. ! LESSOR and TENANT agree that this Lease or a Memorandum of Imase may be
forwarded fOr recording or filing in the appropriate office of the County of Miami-Dade, and
LESSOR an :1 TENANT agree to take such actions as may be necessary to permit such recording or
filing. TEI4ANT, at TENANT'S option and expense, may obtain title insurance on the space
leased herein. LESSOR shall cooperate with TENANT'S efforts to obtain such title insurance
policy by xecuting documents or obtaining requested documentation as required by the title
insurance c('mpany. If title is found to be defective, LESSOR shall use diligent effort to cure the
defects in title. At TENANT'S option, should the LESSOR fail to provide requested
documentati'~n or cure title defects within sixty (60) days of TENANT'S request, TENANT may
5
cancel this ease. Should TENANT elect to cancel this [ease, all rent paid shall be prorated as of
the terminat on date and LESSOR shall refund to TENANT all rent paid as of the termination date.
20. TENANT shall have the right to co-locate on the Lease Premises the City of North
Miami Beach, for public purposes. Co-location by any other agency or provider shall require the
approval ot~ the LESSOR, which approval shall not be unreasonably withheld or delayed.
TENANT sMll submit plans of the proposed co-location to LESSOR for its approval. LESSOR
shall have fpurteen (14) days after receipt of TENANT'S plans to review and approve same.
Failure on tine part of LESSOR to notify TENANT in writing within the fourteen (14) day period
shall constittlte a waiver of LESSOR'S rights of approval and the plans shall be deemed approved.
21. i TENANT, during the term of this Lease, at the sole cost of TENANT, shall have
the right to perform or cause to be performed an inspection of the roof of the Rooftop Space and
any other inspections TENANT deems necessary. TENANT shall provide LESSOR with a copy of
any roof inspection report or other reports prepared pursuant to this paragraph (the "Report") and
LESSOR sNall acknowledge in writing the condition of the roof as set forth therein. In the event
the Report i~dicates the repairs are required to prepare, maintain and/or repair the roof in order to
provide for iTENANT'S occupancy of the Rooftop Space, LESSOR shall promptly perform or
cause to be i performed such repairs in order to meet the needs of TENANT. All deficiencies
evidenced i~ the Report shall be deemed preexisting conditions and TENANT shall not be
responsible for or required to repair any item as evidenced in the Report. At TENANT'S option,
should the I~ESSOR fail to perform such repairs within sixty (60) days of TENANT'S request,
TENANT r~ay cancel this Lease and all rent paid by TENANT shall be prorated as of the
termination {late, and LESSOR shall refund to TENANT all rent paid prorated as of the termination
date.
22. In connection with any litigation arising out of this Lease, the prevailing party,
whether LE~ ~,SOR or TENANT, shall be entitled to recover ali reasonable costs incurred in6luding
reasonable a :torney's fees for services rendered in connection with any enforcement or breach of
contract, inc, uding appellate proceedings and post judgment proceedings.
In accordance with Florida Law, the following statement is hereby made:
RADON GAS: Radon is a natural occurring radioactive gas that, when it has
accumulated in a building in sufficient quantities, may present health risks to
persons who are exposed to it over time. Levels of radon that exceed federal and
state iguidelines have been found in buildings in Florida. Additional information
regarding radon and radon testing may be obtained from your county public heath
unit. I
23. i LESSOR shall hold TENANT harmless from and indemnify TENANT against and
from any d4amage, loss, expenses or liability resulting from the discovery by any person of
hazardous sdbstances generated, stored, disposed of, or transported to or over the Building, as long
as such substance was not stored, disposed of, or transported to or over the Building by TENANT,
its agents, c6ntractors, employees, or invitees.
6
24. LESSOR shall permit TENANT to utilize LESSOR'S existing generator on the
Building to provide back-up power to the TENANT'S Facilities.
25. This Lease shall be executed in three (3) counterparts, each of which shall be
deemed an original, and such counterparts shall constitute but one and the same Lease.
LESSOR:
2000 ISLAND BOULEVARD
CONDOMINIUM ASSOCIATION, ENC.,
a Florida non-profit corporation
By:
Name:
Title: Secret~ry
By:
Name:
Title: President
TENANT:
CITY OF AVENTURA,
a Florida municipal corporation
ATFEST:
By:
Eric M. Soroka, City Manager
Teresa M. S~roka, CMC/AAE, City Clerk
APPROVEDI AS TO FORM AND
LEGAL SUI~FICIENCY:
City Attorne~
7
STATE OF i %OR1DA )
, SS:
COUNTY OF )
The foregoing instrument was acknowledged before me this __
2000, by [ , as President
BOULEVARD CONDOMINIUM ASSOCIATION, INC., A Florida
on its behalt~! who (check one) [ ] is personally known to me or [ ] has produced a
drivers licens ~ as identification.
My Commis~ ion Expires:
STATE OF ] "LOR1DA
COUNTY 13
NOTARY PUBLIC, State of Florida
Print Name:
)
SS:
)
day of
of 2000 ISLAND
non-profit corporation,
The foregoing instrument was acknowledged before me this __
2000, by
BOULEVA/
on its behalt
drivers licen:
day of
as Secretary of 2000 ISLAND
~D CONDOMINIUM ASSOCIATIOI~, INC., a Florida non-profit corporation,
who (check one) [ ] is personally known to me or [ ] has produced a
as identification.
My CommisSion Expires:
NOTARY PUBLIC, State of Florida
Print Name:
8
STATE OF 1
COUNTY O
OrdDA ) ·
$$:
F N'HAM~-DADE )
The foregoing instrument was acknowledged before me tiffs __ day of
2000, by EI~IC M. SOROKA, City Manager and TERESA M. SOROKA, CMCIAAE, City
Clerk of the CITY OF AVENTURA, a Florida municipal corporation, on its behalt~ who (check
one) [ ] $ personally known to me or [ ] has produced a drivers license as
identification'
My Commisfion Expires:
NOTARY PUBLIC, State of Hofida
Print Name:
32800 I~agreement~lease agreement - 2000 Islard Blvd.
9
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
C ty Commission d' k
Eiic M. Soroka, CityL/~a_n~
Siptember 27, 200~'L ----~
POlice Department 800 Mhz Radio System Project
October 3, 2000 City Commission Meeting Agenda Items
RECOMMENDATION
It is recommended that the City Commission take the following actions to implement the
creation of a joint use 800 MHz radio communication system for improving police
dispatch services for the Cities of Aventura and North Miami Beach:
· Approve by motion the Memorandum of understanding between the two Police
Departr~ents which provides the basis for the joint establishment of the system
· Adopt a Resolution which authorizes execution of a Lease Agreement with the
2000 Island Boulevard Association Inc at Williams Island for a room to house the
radio equipment and space for rooftop antennas.
· Approve by Motion authorizing the appropriation of up to $70,000 for the radio
system ~quipment from the Police Forfeiture Fund.
This project will be equally funded on a 50/50 basis with the City of North Miami Beach.
A portion of the project was included in the City's five year Capital Improvement
Program as approved by the City Commission.
BACKGROUND
The Police D~partment performs police dispatching functions under the direction and
support of the Miami Dade County 800 MHz radio system. The Miami Dade system is a
20-channel tr~nking system, which is utilized by the majority of municipalities in Miami
Dade Countyiand by all of the Miami Dade Police Department. The sharing of these
limited channels by the many groups on the system leads to unacceptable wait times
that make it difficult for officers to be acknowledged on the radio frequency. Miami
Dade has indicated that further release of groups will compromise their radio system
reliability. TO add to the complication of radio problems, the City of Aventura is the
northern most City on the system. The supporting antenna is located approximately 5
Memo to City Commission
Page 2
miles south of bur City and is facing south. This causes us to be on the "back-end" of
the system thu~ reducing transmission coverage.
As a solutioni to the above stated problem, the Aventura Police Department, in
conjunction with the City of North Miami Beach Police Department, set out to identify an
800 MHz system which would provide both cities with a radio system to facilitate the
dispatch of pdlice department personnel and supporting staff; be able to utilize the
' i
existing equipment already purchased by the C ty of Aventura; and operate in
conjunction with Miami Dade County's 800 MHz system.
In order to implement the system, an antenna site was needed. After doing a techn~ca
study, the Williams Island 2000 Island Blvd building was found to be the most desirable
site to place the radio equipment and antennas in order to receive the best radio signal
coverage for ~all of the City of Aventura and North Miami Beach area. We have
negotiated a Lease Agreement with the 2000 Island Boulevard Association, Inc, at
Williams IslanU for a room to house the radio equipment and space for the rooftop
antennas. The~ lease is for an initial term of five years and is renewable for 4 additional
f~ve (5) year terms. The rental amount is $25,000 paid in a lump sum upon execution of
the Agreement.
In order to resolve compatibility issues, we will be utilizing the same system that
presently operates in Miami Dade County. CoroNet Ericsson is the trunked 800 MHz
EDACS radio provider for Miami Dade County's radio system. This will be a sole source
purchase in accordance with our Purchasing Procedures Ordinance. Communications
International it~ the only authorized EDACS reseller in Florida. The City of Hollywood
has purchased this same system on a "sole source" basis.
The total cosi to implement the system over a four year period is projected to be
$870,000, which will be split between the two cities· The initial cost is $471,000
($446 000 fo~' ComNet Ericsson and $25,000 for the 2000 Island Boulevard
Association, I~c.). The City's share will be funded as fo ows:
· PoliceiCapital Impact Fee Fund 1999/00 Carryover $86,000
· PoliceiCapital Impact Fee Fund 2000/01 100,000
· PoliceiForfeiture Fund 50,000
Total $236,000
In addition tO the above, a radio bi-amp antenna system is needed at the new
Government ;enter to insure radio reception/transmission on the first floor of the
facility. The P 31ice Forfeiture Fund request includes $20,000 for this equipment.
Memo to City Commission
Page 3
In order to irt prove the radio communications for our Police Department and better
serve our resi dents and businesses, now and in the future, it is recommend that the
City CommisSion approve the action items as outlined above. If you have any
questions, please feel free to contact me.
EMS/aca
Attachment
TO:
FROM:
DATE:
SUBJECT
CITY OF AVENTURA
POLICE DEPARTMENT
INTER OFFICE MEMORANDUM
Eric M. Soroka, City MI~;
Thomas E. Ribel, Chic~fo//~
September 26, 2000
Use of Forfeiture Funds
Florida State Statute 932.704 requires that money resulting from forfeitures be
maintaine~ in a special law enforcement trust fund, and that the funds be
expended only upon request of the Chief of Police to the governing body of the
municipali I and approval of the governing body.
I am requ( ,sting City Commission approval for the expenditure of:
$5£ 000.00 toward the completion of the new radio system
$2( 000.00 toward a radio bi-amp antenna system to insure radio
rec ,~ption/transmission on the first floor of the new Government Center
bui ding.
Tot ~1 Expenditure Request: $70,000.00
I certify t~at this requested expenditure complies
with
Florida
State
Statute
932.704 ir~ that:
Funds will be used for an appropriate law enforcement purpose.
Funds are not being used as a normal source of revenue for the
~olice Department.
Funds were not considered in the adoption and approval of the budget
of the Police Department.
CITY OF AVENTURA
FINANCE SUPPORT SERVICES DEPARTMENT
MEMORANDUM
TO:
FROM:
BY:
DATE:
SUBJECT:
iCity Commission /~ ~
~ric M. Soroka, City~/'~,~[~r
~gore, Finan S~u~ort Services
September 26, 2000
Director
Ordinance and Resolution authorizing debt for park/community
Center
October 3, 2d00 Commission Meeting Agenda
Item
Recommendation
It is recommended that the City Commission adopt the attached Ordinance and
Resolution relating to the issuance of debt to finance the land acquisition and
construction of park/community center.
Background
This matter Was discussed at the September 18, 2000 Commission workshop meeting.
At the conclUSion of that discussion, there was consensus by the Commission to fund
$6 million of qapital acquisition/improvements by issuing bank qualified debt. In order to
obtain $6 million in proceeds, after payment of issuance costs and deposit of a portion
to a debt serVice reserve fund, we will need to issue approximately $ 6.7 to 6.75 million
of debt. Thel estimated net debt service payments will be from $475,000 to $500,000
per year for ttte twenty year life of the financing.
Section 4.03 [6) of the City Charter requires that an ordinance be adopted to "authorize
the borrowing of money." The ordinance satisfies this requirement and establishes the
maximum amount of the borrowing, a description of the project, the pledge to budget
and appropriate from non-advalorem revenues and the definition of key terms.
Based on in[ ut from City staff and the City Attorney's office, Steve Miller of Nabors,
Giblin and Nickerson, the City's Bond Counsel, drafted the Ordinance and Resolution.
The Resoluti.~n establishes that the City intends to issue an RFP to local financial
institutions fo' bank qualified financing. The RFP which is attached to the Resolution as
Exhibit B con :ains the timetable and procedures to be followed.
Based on the
will circulate
proposals as
the NovembE
terms. The
Ordinance and Resolution, our Financial Advisors, Dain Rauscher, Inc.
the RFP among the banking community and obtain formal written
interest rate and terms. We anticipate that there will be a Resolution on
14, 2000 agenda to formally name the winning bank and agreed upon
.cond reading of the ordinance will also occur at that meeting.
Based on th(~ foregoing, I recommend approval of both the Ordinance and Resolution.
If there are aay questions, please feel free to contact me.
ORDINANCE NO. 2000-__
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
;AUTHORIZING THE ISSUANCE OF NOT TO EXCEED
156,750,000 IN AGGREGATE PRINCIPAL AMOUNT OF
i OBLIGATIONS OF THE CITY TO FINANCE THE
i ACQUISITION OF CERTAIN REAL PROPERTY FOR PUBLIC
I PARKS, RECREATION AND COMMUNITY CENTERS AND
iTHE ACQUISITION, CONSTRUCTION, EQUIPPING AND
I INSTALLATION OF VARIOUS RELATED CAPITAL
!IMPROVEMENTS AND TO PAY COSTS AND EXPENSES OF
!ISSUING SUCH OBLIGATIONS; PROVIDING FOR A
COVENANT TO BUDGET AND APPROPRIATE LEGALLY
AVAILABLE NON-AD VALOREM FUNDS EACH YEAR TO
PAY THE PRINCIPAL OF, REDEMPTION PREMIUM, IF ANY,
AND INTEREST ON THE OBLIGATIONS; PROVIDING FOR
THE RIGHTS OF THE HOLDERS OF SUCH OBLIGATIONS;
PROVIDING SEVERABILITY AND AN EFFECTIVE DATE.
BE IT!ORDAINED BY THE CiTY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA:
SECTION 1. DEFINITIONS. When used in this Ordinance, the following terms
shall have the following meanings, unless some other meaning is plainly intended:
"City"i shal mean the C ty of Aventura, Florida, a municipal corporation established
by the State ?f Florida.
"Commission'' shall mean the City Commission of the City of Aventura, Florida.
"Cost!' or "Costs" as the same relates to the Project, shall mean (A) the cost of
physical construction, reconstruction or completion; (B) the cost of acquisition or purchase;
(C) the cost of all labor, materials, machinery and equipment; (D) the cost of land and any
interests in the land; property rights; easements and franchises of any nature; (E) the cost
of indemnity iand surety bonds and premiums for insurance during construction; (F) all
interest duetp be paid on the Obligations and any other obligations relating to the Project
during the period of construction and for such period of time subsequent to completion of
acquisition a~d construction as the Commission deems appropriate; (G) engineering,
financial, legal and other consultant fees and expenses; (H) the cost of plans and
specificationS, construction plans, surveys and estimates of costs; (I) costs and expenses
of audits, fees and expenses of any paying agent, registrar, trustee, issuer of a credit
Ordinance Nb. 2000-__
Page 2 ~
facility or a i liquidity facility, municipal bond insurance company or depository; (J)
payments, w~en due (whether at the maturity of principal or the due date of interest or
upon redemption) on any interim or temporary indebtedness incurred for any portion of the
Project; (K) C°sts and expenses related to the issuance of the Obligations or other
indebtednes,,
and (M) any ~
of the Project
of the Obligal
corporation f,
firm or corp¢.ration in connection with any such items or Costs.
provide for a, iditional items to be designated as Costs.
. related to the Project; (L) Costs related to collection of special assessments;
)ther costs and expenses properly attributable to acquisition or construction
and such other expenses as may be necessary or incidental to the issuance
ions; and shall include reimbursement to the City or any other person, firm or
)r any moneys advanced for any costs incurred by the City or such person,
The Resolution may
"Non-Ad Valorem Funds" shall mean all revenues of the City derived from any
source otheri than ad valorem taxation on real or personal property, which ara legally
available to rhake the payments required in this Ordinance but only after provision has
been made bY the City for the payment of all essential or legally mandated services.
"Obligations" shall mean the bonds, notes, certificates or other evidence of
indebtedness issued by the City pursuant to this Ordinance.
"Ordir~ance" shall mean this Ordinance enacted by the Commission, as amended
and supplemented from time to time.
"Project" shall mean those capital improvement projects set forth in the plans and
specification,, on file or to be on file with the City, as the same may be modified or
amended frol n time to time, which are described generally in Exhibit A to this Ordinance.
"Resolution" shall mean the resolution authorizing the issuance of all or a portion
of the Obhgations and setting forth the terms and details of such Obligations as described
in Section 4..
Words importing the singular number include the plural number, and vice versa.
SECTION 2. FINDINGS. The Commission finds and determines that:
(A) iThe acquisition and construction of the Project is necessary in order to
maintain andiprotect the health, welfare and safety of the citizens of the City.
(B)
construction
The most efficient and cost-effective method of financing the acquisition and
of the Project is by the issuance of the Obligations secured by Non-Ad
Ordinance Nb. 2000-__
Page 3
Valorem Funds in the manner set forth in Section 5 of this Ordinance and in the
Resolution.=
(C) iThe pr nc pa of, redemption premium, if any, and interest on the Obligations
shall be paid !from Non-Ad Va orem Funds, un ess otherwise paid by such entity as shall
provide credit enhancement, if any, on the Obligations and in such a case, reimbursement
of the credit ~nhancer shall be from Non-Ad Valorem Funds. The City shall never use or
be required to use any ad va orem taxes for the payment of the Obligations. The
Obligations shall not constitute a general obligation of the City or a pledge of its faith and
credit, nor shall the holders of the Obligations have any lien or encumbrance on any
property own~ed by the City, including the Project.
SECTiON 3. AUTHORIZING THE ACQUISITION AND CONSTRUCTION OF
THE PROJECT. The Commission authorizes and approves the acquisition and
construction (~f the Project.
SECTION 4. ISSUANCE OF THE OBLIGATIONS. The Obligations are
authorized toi be issued at one or more times in an aggregate principal amount of not
exceeding $6~750,000. The particular designation of each Obligation shall be made in the
Resolution. The Obligations shall be issued for the principal purposes of (A) paying all or
a portion of the Cost of the Project, (B) establishing debt service reserves, if deemed
necessary bY the Commission, and (C) paying costs and expenses of issuing the
Obligations. The principal of, redemption premium, if any, and interest on the Obligations
shall be payable solely from Non-Ad Valorem Funds, in the manner set forth in Section 5 of
this Ordinance and in the Resolution.
The Ol~ligations shall be dated such date or dates, shall bear interest at such rate or
rates, shall r~ature at such time or times and in such amount or amounts as may be
determined ir~ the Resolution, and may be redeemable before maturity, at the option of the
City, at such Iprice or prices and under such terms and conditions as may be fixed in the
Resolution. The Commission shall determine in the Resolution the form of the Obligations,
the manner ~f executing such Obligations, and such other terms and provisions of the
Obligations as it deems appropriate. The Obligations may bear interest at a fixed or
variable rate,I as shall be determined in the Resolution. In case any officer whose
signature or a facsimile of whose signature shall appear on any Obligation shall cease to
be such officer before the delivery of such Obligation, such signature or such facsimile
shall nevertheless be valid and sufficient for alt purposes the same as if he or she had
remained in office until such delivery. The Commission shall sell the Obligations in such
manner and for such price as it determines in the Resolution to be in the best interests of
Ordinance NO. 2000-.__
Page 4
the City. The Obligations may be further secured by any credit enhancement as
determined Idy the Commission in the Resolution.
The obligations may be issued without any other proceedings or the happening of
any other conditions or things other than the adoption of the Resolution.
The proceeds of the Obligations shall be disbursed in such manner and under such
restrictions, if any, as may be provided in the Resolution.
The Resolution shall include, but without limitation, provisions as to the rights and
remedies of the holders of the Obligations, the application of funds, the flow of funds and
such other matters as are customarily in such an instrument. The Resolution may provide
for the City entering into one or more loan or other financing agreements with the
purchaser of !the Obligations.
SECTION 5, COVENANT TO BUDGET AND APPROPRIATE. The City may
covenant and agree pursuant to a Resolution to appropriate in its annual budget, by
amendment, jif necessary, from Non-Ad Valorem Funds lawfully available in each fiscal
year, amount,s sufficient to pay the principal of, redemption premium, if any, and interest on
any Obligati(3n when due each fiscal year or to reimburse any credit enhancer which may
have satisfied such payment. Such covenant and agreement on the part of the City to
budget and appropriate such amounts of Non-Ad Valorem Funds shall be cumulative to the
extent not p~id, and shall continue until such Non-Ad Valorem Funds or other legally
available funds in amounts sufficient to make all such required payments shall have been
budgeted, apPropriated and actually paid. Notwithstanding the foregoing, the City has not
covenanted Io maintain any services or programs, now provided or maintained by the City,
which generate Non-Ad Valorem Funds.
Such Covenant to budget and appropriate shall not create any lien upon or pledge
of such Non-Ad Valorem Funds, nor shall it preclude the City from pledging in the future its
Non-Ad ValoCem Funds, nor shall it require the City to levy and collect any particular Non-
Ad Valorem Funds, nor shall it give the holders of any Obligations or any credit enhancer a
prior claim oq the Non-Ad Valorem Funds as opposed to claims of general creditors of the
City. Such covenant to appropriate Non-Ad Valorem Funds shall be subject in all respects
to the paymeht of obligations secured by a prior or future pledge of such Non-Ad Valorem
Funds (inclu~ling the payment of debt service on bonds and other debt instruments).
However, the covenant to budget and appropriate in its annual budget for the purposes
and in the m~nner stated in this Ordinance and in the Resolution shall have the effect of
making Non-Ad Valorem Funds available for the payment of the Obligations, and placing
on the City a ~ositive duty to appropriate and budget, by amendment, if necessary, Non-Ad
4
Ordinance NO. 2000-___
Page 5
Valorem Fun~s sufficient to meet its obligations under this Ordinance and the Resolution;
subject, however, in all respects to the restrictions of Section 166.241(3), Florida Statutes,
which provides, in part, that the governing body of each municipality make appropriations
for each fiscal year which, in any one year, shall not exceed the amount to be received
from taxation! or other revenue sources; and subject, further, to the payment of services
and programs which are for essential public purposes of the City or which are legally
mandated by!applicable law.
SECT!ON 6. TAXING POWER NOT PLEDGED. The Obligations issued under
the provisions of this Ordinance and the obligation to repay any credit enhancer of such
obligations shall not be deemed to constitute a pledge of the faith and credit of the City,
but the Obligations and repayment shall be payable from the Non-Ad Valorem Funds in the
manner provi~ded in this Ordinance and the Resolution. The issuance of the Obligations
under the prOVisions of this Ordinance shall not directly, indirectly or contingently obligate
the City to levy or to pledge any form of ad valorem taxation. The holder of the Obligations
shall never h~ave the right to compel any exercise of the ad valorem taxing power on the
part of the City to pay the Obligations or the interest on the Obligations against any
property of thie City, nor shall the Obligations constitute a charge, lien or encumbrance,
legal or equitable, upon any property of the City.
SECTiON 7. REMEDIES OF HOLDERS OF OBLIGATIONS. The holders of the
Obligations, ~xcept to the extent the rights given to them pursuant to this Ordinance may
be restricted bY the Resolution, may, whether at law or in equity, by suit, action, mandamus
or other proceeding, protect and enforce any and all rights under the laws of the State of
Florida or gr~nted under this Ordinance or under the Resolution, and may enforce and
compel the performance of all duties required by this Ordinance or by such Resolution, to
be performed by the City.
SECTION 8. ALTERNATIVE METHOD. This Ordinance shall be deemed to
provide an additional and alternative method for the doing of things authorized hereby and
shall be regarded as supplemental and additional to powers conferred by other laws, and
shall not be r~garded as in derogation of any powers now existing or which may hereafter
come into exi~stence. This Ordinance, being necessary for the welfare of the inhabitants
and/or property owners of the City, shall be liberally construed to effect its purposes.
SECTION 9. GENERAL AUTHORITY. The members of the Commission of the
City and the c~fficers, attorneys and other agents or employees of the City are authorized to
do all acts and things required of them by this Ordinance, or desirable or consistent with its
requirementsifor the full punctual and complete performance of all the terms, covenants
and agreemei~ts contained in this Ordinance.
Ordinance NO. 2000-_._
Page 6
SECTION 10. SEVERABILITY. If any section, paragraph, clause or provision of
this Ordinance shall be held to be invalid for any reason, such invalidity shall not effect the
validity or enlforcement of any of the remaining provisions. This Ordinance shall take
precedence Over any other ordinance or resolution of the City to the extent of any conflict
or inconsistency with each.
SECTION 11. EFFECTIVE DATE. This Ordinance shall take effect immediately
upon its enaCtment on the second reading.
The foiegoing Ordinance was offered by Commissioner
who moved i~s adoption on first reading. The motion was seconded by Commissioner
and upon being put to a vote, the vote was as follows:
Commlssioner Arthur Berger
Comm!ssioner Jay R. Beskin
Commlss~oner Ken Cohen
Commissioner Harry Holzberg
Commissioner Jeffrey M. Perlow
Comm!ss~oner Patricia Rogers-Libert
Mayor Arthur I. Snyder
The folegoing Ordinance was offered by Commissioner ,
who moved itS adoption on second reading. The motion was seconded by Commissioner
and upon being put to a vote, the vote was as follows:
Commlssioner Arthur Berger
Comm!ssioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Harry Holzberg
Commlss~oner Jeffrey M Perlow
Commissioner Patricia Rogers-Libert
Mayor Arthur I. Snyder
PASS! iD AND ADOPTED on first reading this 3rd day of October, 2000.
Ordinance N0. 2000-__.
Page 7
PASS
ATTEST:
TERESA M. ;OROKA, CMC, CITY CLERK
APPROVED~S TO FORM AND
LEGAL SUFFICIENCY:
=-D AND ADOPTED on second reading this 14th day of November, 2000.
ARTHURI. SNYDER, MAYOR
CITY AFT'OR
NEY
7
EXHIBIT A
DESCRIPTION OF THE PROJECT
Complete descriptions of the Project are set forth in the plans, specifications and
records of the City. A general description of the Project is as follows:
Land. The purchase of real property within the City to be used
ifor municipal purposes including parks, recreational or
I community centers.
Buildin,qs and Other Improvements. The acquisition,
!construction, equipping and installation of improvements on or
to the real property described above or other City ove3ed
property for parks, recreational or community canters.
TO:
FROM:
BY:
DATE:
SUBJECT:
October 3, 2
Recommem
It is recomr
Resolution
construction
Back.qrounc
This matter ~
At the conch
$6 million of
obtain $6 mi
to a debt set
of debt. Th~
per year for
Section 4.0:'
the borrowin~
maximum an
and appropri
Based on in
Giblin and N
The Resolut
institutions f(
Exhibit Bcor
CITY OF AVENTURA
FINANCE SUPPORT SERVICES DEPARTMENT
MEMORANDUM
City Commission
Eric M. Soroka, City/vlar~g'~r
~gore, Fina~ S~ort
September 26, 2000
Services Director
Ordinance and Resolution authorizing
Center
)00 Commission Meeting Agenda Item
debt for park/community
vas discussed at the September 18, 2000 Commission workshop m~eting.
Ision of that discussion, there was consensus by the Commission to fund
;apital acquisition/improvements by issuing bank qualified debt. In order to
lion in proceeds, after payment of issuance costs and deposit of a portion
/ice reserve fund, we will need to issue approximately $ 6.7 to 6.75 million
, estimated net debt service payments will be from $475,000 to $500,000
~e twenty year life of the financing.
(6) of the City Charter requires that an ordinance be adopted to "authorize
I of money." The ordinance satisfies this requirement and establishes the
iount of the borrowing, a description of the project, the pledge to budget
ate from non-advalorem revenues and the definition of key terms.
)ut from City staff and the City Attorney's office, Steve Miller of Nabors,
ickerson, the City's Bond Counsel, drafted the Ordinance and Resolution.
on establishes that the City intends to issue an RFP to local financial
r bank qualified financing. The RFP which is attached to the Resolution as
tains the timetable and procedures to be followed.
lation
lended that the City Commission adopt the attached
elating to the issuance of debt to finance the land
3f park/community center.
Ordinance and
acquisition and
Based on ti
will circula!
proposals a
the Novem[
terms. The
~e Ordinance and Resolution, our Financial Advisors, Dain Rauscher, Inc.
9 the RFP among the banking community and obtain formal written
~ to interest rate and terms. We anticipate that there will be a Resolution on
er 14, 2000 agenda to formally name the winning bank and agreed upon
second reading of the ordinance will also occur at that meeting.
Based on tte foregoing, I recommend approval of both the Ordinance and Resolution.
If there are ;tny questions, please feel free to contact me.
RESOLUTION NO. 2000-.__
A RESOLUTION OF THE CITY COMMISSION OF THE CiTY
,OF AVENTURA APPROVING THE FORM AND
AUTHORIZING THE DISTRIBUTION OF A REQUEST FOR
PROPOSALS TO FINANCIAL INSTITUTIONS TO PROVIDE
FINANCING TO THE CITY OF AVENTURA, FLORIDA TO
FUND THE COSTS OF VARIOUS CAPITAL ACQUISITIONS
AND IMPROVEMENTS RELATING TO PARKS,
RECREATION AND COMMUNITY CENTERS VVlTHIN THE
!CITY; DELEGATING AUTHORITY TO THE CITY MANAGER
!TO REVIEW ALL PROPOSALS AND MAKE
iRECOMMENDATION TO THE COMMISSION; AND
iPROVlDING AN EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA:
SECTI ON 1. AUTHORITY FOR THIS RESOLUTION. This Resolution is adopted
pursuant to [he provisions of Chapter 166, Florida Statutes, and other applicable
provisions of ilaw.
SECTiON 2. FINDINGS. It is ascertained, determined and declared:
(A) IThat there is presently a need to acquire, construct and equip certain capital
improvement~ within the City, as generally described in Exhibit A, as the same may be
modified front time to time (the "Project").
(B) IThe most efficient and cost-effective method of financing the acquisition and
construction !of the Project is by the issuance of bonds, notes, certificates or other
evidence of indebtedness issued by the City (the "Obligations").
(C) iThat the City intends to issue a Request for Proposals to financial institutions
to provide financing to the City in order to finance, refinance or reimburse the costs of the
Project. i
(D) iThe Request for Proposals to be issued by the City shall be substantially in
the form atta~:hed as Exhibit B.
SECTION 3. DEFINITIONS. Capitalized terms shall have the meanings ascribed to
them unless !he context clearly indicates otherwise.
SECTION 4. APPROVAL OF REQUEST FOR PROPOSALS. The City approves
the Request ifor Proposals in substantially the form attached as Exhibit B, with such
changes, mo~difications and insertions as the City Manager may determine. The City
Manager and the City's Financial Advisor, Da n Rauscher, Inc., are directed to take such
action as isi necessary to distribute the Request for Proposal to eligible financial
institutions a determined by the City Manager and the Financial Advisor.
SECT ON 5. CONDITIONS TO ACCEPTANCE OF PROPOSAL. The City
Manager, on behalf of the City and only in accordance with the terms of this Resolution
and the ReqL est for Proposals, shall determine the proposal that is, in his opinion, with the
assistance ol the City's Financial Advisor, in the best interest of the City considering the
interest rate, [erm, costs and expenses, covenants, prepayment features and other terms
contained therein, which such proposal must comply in all respects with the Request for
Proposals. !The City Manager's recommendation shall be presented to the City
Commission for approval at a subsequent City Commission Meeting.
Notwithstanding the foregoing, the form, terms and details of the Obligations and
the winning p!oposal shall be approved by subsequent resolution of the City Commission.
SECTION 6. GENERAL AUTHORIZATION. The Mayor, the City Manager, the City
Clerk, Financo Support Services Director and other employees or agents of the City are
authorized toi execute and deliver such documents, instruments and contracts, and are
authorized arid directed to do all acts and things required by this Resolution as may be
necessary to ieffectuate the purpose and intent of this Resolution.
SECTI
resolutions o~
to the extent
ON 7. REPEAL OF INCONSISTENT DOCUMENTS. All ordinances,
parts of each in conflict with this Resolution are superseded and repealed
)f such conflict.
SECTI
upon its adol~tion.
The foregoing resolution was offered by Commissioner
moved its ai:loption. The motion was seconded by Commissioner
being put tci a vote, the vote was as follows:
ON 8. EFFECTIVE DATE. This Resolution shall take effect immediately
who
and upon
Commissioner Arthur Berger
Commissioner
Commissioner
Commissioner
Commissioner
Commissioner
Jay R. Beskin
Ken Cohen
Harry Holzberg
Jeffrey M. Perlow
Patricia Rogers-Libert
Mayor Arthur I. Snyder
PASS
ATTEST:
TERESA M ~OROKA, CMC
CITY CLERI~
APPROVED~S TO FORM AND
LEGAL SUFFICIENCY:
=D AND ADOPTED this 3m day of October, 2000.
ARTHURI. SNYDER, MAYOR
CITY ATTOI~ NEY
EXHIBIT A
DESCRIPTION OF THE PROJECT
Complete descriptions of the Project are set forth in the plans, specifications and
records of th~ City. A general description of the Project is as follows:
A. Land. The purchase of real property within the City to be used
Ifor municipal purposes including parks, recreational or
community centers.
Buildings and Other Improvements. The acquisition,
construction, equipping and installation of improvements on or
to the real property described above or other Cty owned
}roperty for parks, recreational or community centers.
EXHIBIT B
CITY OF AVENTURA
REQUEST FOR PROPOSAL
The Date of ti
The City of A
qualified finar
the City and p
is Request is October 4, 2000 Responses are Due October 18, 2000
ventura, Florida (the "City") seeks to borrow an mount not to exceed $6,750,000 from a
:[al institution for the purpose of financing the costs of certain capital improvements within
lying cemin costs of issuance.
The City reasonably anticipates that the financing will be a 'Qualified Tax Exempt" obligation under
Section 265(b~(3) of the Internal Revenue Code of 1986. At closing, the appropriate certificates will be
provided addressing the excludability from gross income for federal income tax purposes of interest on the
bank loan. i
THE BANK
AND APPRI
CITY OF A'
ORDINANC
USE OF FUl
LOAN WILL BE SECURED PRIMARILY BY A COVENANT TO BUDGET
)PRIATE LEGALLY AVAILABLE NON AD-VALOREM REVENUES OF THE
rENTURA TO BE DEFINED IN THE AUTHORIZING RESOLUTION AND AN
E, BOTH TO BE PRESENTED TO THE CITY ON NOVEMBER 14, 2000.
~DS
Proceeds of tl te bonds will be used to finance the acquisition of certain real property for public parks,
recreation and community centers and the acquisition, construction, equipping and installation of various
capital impro~ :ments thereon.
A copy of the lFiscal Year 2000-01 Budget, 2000-2005 Capital Improvement Program and Comprehensive
Annual FinanCial Report for the Fiscal Year Ended September 30, 1999 is available from the City to assist
in the preparation of proposals. You may contact Harry M. Kilgore, Director of Finance Support Services
at (305) 466-~ 920 for a copy of any of the aforementioned reports.
CONDITIO] iS AND LIMITATIONS
The City, its ] 'inancial Advisors and Bond Counsel will evaluate all proposals. The City will select, at its
November 14 ~ Commission Meeting, the proposal that is, in its sole opinion, in the best interests of the City
considering ti e interest rate, term, loan closing costs, general covenants, and prepayment features of the
proposals and the acceptability of the City and respondents of the necessary documentation. The City
reserves the ~[ght to request further clarification or additional information from any respondent and to
further negofi~ te the terms and conditions of any proposal or to select one loan proposal individually. THE
CITY RESE ~VES THE RIGHT TO REJECT ANY AND ALL PROPOSALS, TO WAIVE ANY
INFORMAI4ITIES OR IRREGULARITIES IN ANY PROPOSALS RECEIVED, TO HE-
ADVERTISE FOR PROPOSALS, TO REQUEST CLARIFICATION OF INFORMATION OR
TAKE ANy OTHER SUCH ACTIONS THAT MAY BE DEEMED, IN THE BEST
1NTERESTSOF THE CITY. All legal documentation will be prepared by the City s Bond Counsel.
City of City o
Request for ]~
Page - 2 -
COSTS At
PROPOSAl_
Aventura
~oposal
SOCIATED WITH THE PREPARATION
WILL NOT BE REIMBURSED.
AND SUBMISSION
OF ANY
City of City &'Aventura
Request for ~oposal
Page - 3 - 1
SUBMISSI(~N OF PROPOSALS
Four (4) copies of each proposal should be enclosed in one sealed envelope and shall be submitted to:
~ric M. Soroka, City Manager
Mr.
CITY pP AVENTURA, FLORIDA
2999~..E 191 Street, Suite 500
Aven~xra, FL 33180
(305) ~66-8900
THE PROPOSALS MUST BE SUBMITTED OR DELIVERED BY 1 P.M. OCTOBER
23~
2000~ AT W~ICH~ TIME THEY WILL BE PUBLICLY OPENED. PROPOSALS RECEIVED
AFTER THaT TIME SHALL BE CONSIDERED LATE~ AND NOT OPENED.
Any questiom
Services at (3,
FORM OF ~
The bonds wi
Bidder agrees
regarding this proposal should be directed to Harry M. Kilgore, Director of Finance Support
15) 466-8920 or Lourdes Reyes Abadin, Financial Advisor at (305) 577-4400.
'HE BOND
I be issued in the form of a single bond in an mount not to exceed $6,750,000. The winning
that the Bonds will be held by the Bidder for its own investment and may not, in whole or in
part, be sold br transferred without prior consent of the City. One fLxed-rate borrowing option is being
requested with terms and conditions as follows:
Not to exceed $6,750,000
Fi al Maturity October 1, 2020
lnter~st Fixed
[
Calculation Basis 360 Days/12 months consisting of 30 days per month
Paym!nts Interest: Semi-Annually on April 1 and October 1
I (Beginning April 1,2001)
! Principal: Beginning October 1, 2001 and each October 1,
i thereafter
PREPARA'][ ION OF PROPOSALS
The proposal ~hould include the following information:
Name of financial institution, address, telephone number, name, title, and signature of person
authorize~
Describe
bank loaf
2000 clos
to submit pmposal.
:he internal credit approvals and timetable that would be required to approve the proposed
Describe the bank's ability to obtain all approvals necessary to facilitate a November 15,
ng date.
City of City of Aventnra
Request for P~oposal
Page - 4- ~
All fman*d amounts are approximated and will be finalized based on the closing date. For purposes
of calculating when interest begins to accrue to the City, assume a closing date of November 15, 2000
and an initial loan amount not to exceed $6,750,000.
A. I4entify the interest rate or interest rates to be used for the bank loan and calculate the total
interest payable over the life of the loan.
B. l~ovide the schedule of payments indicating the pnnc~pal and merest pomon of the debt
s~rvice requirements for the bank loan assuming the following principal maturity schedule for
~ requested borrowing option:
10/1/01 $215,000 10/1/l 1 $295,000
10/1/02 190,000 10/1/12 310,000
10/1/03 200,000 10/1/13 _ 325,000
10/1/04 210,000 10/1/14 345,000
10/1/05 220,000 10/1/15 360,000
10/1/06 235,000 10/1/16 380,000
10/1/07 245,000 10/1/17 395,000
10/1/08 255,000 10/1/18 415,000
10/1/09 270,000 10/1/19 440,000
'10/1/10 280,000 10/1/20 970,000
I~dicate the fees and expenses to be paid by the City, if any, other than interest on the
mltstanding loan amounts for the bank loan.
Describe the terms of any gross-up provisions that would be required in the bank loan
d~uments.
Describe any prepayment penalties that may be applicable.
Dpscribe any additional covenants.
Borrowing Ordinance & Authorizing Resolution October 3, 2000
October 4, 2000
October 23
Bid October 24-27, 2000
Oct. 30-Nov. 8,
Reading Borrowing Ordinance & Award Resolution
November 14, 2000
November
2000
City ofCityo~Aventura
Request fort~roposal
Page- 5 - [
COVENANT TO BUDGET AND APPROPRIATE AND OUTSTANDING DEBT SERVICE
The City will ~covenant and agree, in the Bond Ordinance and Authorizing Resolution, to appropriate in its
annual budge', by amendment, if necessary, lawfully available Non-Ad Valorem Revenues, in each fiscal
year, amount~ sufficient to pay the principal and interest due on the Bonds in accordance with their terms
during such f seal year. "Non-Ad Valorem Revenues" means all revenues of the City derived from any
source other mn ad valorem taxation on real or personal property which are legally available to make the
payments req~ fired under the Bond Ordinance, but only after provision has been made by the City for the
payment of a~ [ essential or legally mandated services. Such covenant and agreement on the part of the
City to budg~ and appmpriate such amounts of Non-Ad Valorem Revenues shall be cumulative to the
extent not pal, [, and shall continue until such Non-Ad Valorem Revenues or other legally available funds in
amounts suffi, '.ient to make all such required payments shall have been budgeted, appropriated and actually
paid. Notwithstanding the foregoing covenant of the City, the City does not covenant to maintain any
services or ~ograms, now provided or maintained by the City, which generate Non-Ad Valorem
Revenues.
NON-AD v~LoREM REVENUES
Based on the City's annual collection of certain legally available Non-Ad Valorem Revenues, projected
gross debt service coverage on the Series 2000 Bonds, are estimated as follows:
Fiscal Year E~ding 09~30 2001 2002 2003 2004
2005
Non-Ad Valorem Revenues $10,576,549 $10,704,858 $10,791,526 $10,911,839 $11,040,093
FL Municipal Loan Series 1999 1,368,375 1,365,055 1,365,995 1,366,183 1,365,603
Series 2000 B~ Bonds 502.692 507.000 507.500 507.500 507.000
Debt[Service Total ~ 1 ~7~ 055 ~ ~ ~
Coverage ~ ~ ~72x ~76x ~ 5.90x
i 2006 2007 2008 2009 2010
Non-Ad Valorem Revenues $11,172,574 $11,306,645 $11,442,325 $11,579,632 $11,718,588
FL Municipal Loan Series 1999 1,363,815 1,365,775 1,361,915 1,361,846 1,360,3t4
Series 2000 B(~ Bonds 511.000 509.250 507.000 509.250 505.750
Debt [Service Total ~ 1 ~5.025 ~ ~ ~
Coverage
Non-Ad Valo~
5~x 6.02a 632~ 62~ ~
2011 2012 2013 2014 2015
$11,859~11 $1~001,522 $1~145,540 $1~291~86 $12,438,782
FL Municipal Loan Series 1999 1,362,268 1,362,428 1,361,438 1,359,298 1,362,164
Series 2000 BQ Bonds 506.750 507.000 506.500 510~50 508.000
Debt]Service Total ~ ~ ! g670qR 1 R69 5~,R ~
Coverage ~ ~ 6.50x 6.575 66~x
DISCLOSURE OF SITE VISIT
INVESTIGATION AND EXPERT OPINION
Ordinance 96-09
@<'_C'C_"
.il~LE
~'
~ .'
Q~OfI:::tC~~
City of Aventura City Commission Meeting Date
J1) /, /~
Agend l1em,No. ) ft.
D~)estigation or Receipt of Expert Opinion
Nature of Contact (check as applicable)
t( Site Visit
:::,\ Investigation
C Expert Opinion
I I
I'f)/t/~
Substance of Contact:
1
1.-'
I) /14
,
Identity of Person Participating in Contact:
I
J/J4
,
Respectfully,
Filed this
:3 day of
Commissioner or Board Me
p
DISCLOSURE OF SITE VISIT
INVESTIGATION AND EXPERT OPINION
Ordinance 96-09
/~h~~
City of Aventura City Commission Meeting Date
Age~em No.
// ''"'
i Dfte of Visit Investigation or Receipt of Expert Opinion
Nat Contact (check as applicable)
]( Site Visit
l Investigation
[J Expert Opinion
?l8
IO'~!~u
Substance of Contact:
pip;
Identity of Person Participating in Contact: }/~-If
Respectfully,
Filed this 1 Il} day of
'r""
I
llIIIa end Time of PubliC Hellring: Tuesday, October 3, 2000
6:00 p.m.
Chef Allan's Rastauranl
The appUcanl is requesting the ,or~
lowing:
1) A sign varilll'1C8 to allow a wall sign
on the..south elevation constructed ,
on a parapet with more than 50%
0# the sign above the roofIine,....r.
2) A sign varianoe 10 allow a seoond
wall sign on the west. elevation,
where only one wall sign Ispermtt- ,
led.
09-SV-oO
19066 NE 29 Avenue.
Pari 01 Tract A. Regina Square SUb- .
division, as recorded in Plat Book
113. p.oe 27 Public Records of Mia-
mi-Dada County, Florida.
Approxlmetely 4.16m:res.
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami-Dade County, Florida.
STATE OF FLORIDA
COUNTY OF MIAMI-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 ffkJa Miami Review, a dally (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Miam~
Dade County, Florida; that the attached copy of advertise-
ment, being a Legal Advertisement of Notice in the maner of
Appllcent Nome:
ApplIcent'e Roque..:
CITY OF AVENTURA
PUBLIC HEARING 10/3/00
APPLICATION NUMBER:
09-SV-00
AppUcotlon' Number:
Loc_n orSub/8CI Property:
Leg" De..,ripUon:
in the......... ... .>?-.>?-.~.~.~..... .... .... ... ..... Court,
W~~UbIiS~~ in sa~6'tr8paper in the issues of
p ,
Size of Sub)ectProperty:
Plans are on file and may be exami~ du.ring regular business' hou(S iIt
tha CRy 01 Aventura, Community Development Department, 2999 NE191
Street, Sutte 500, Aventure, Florida. 33180. Plans may be modified at. or
before the Public Hearing.. The application may change during the hearing
process.-
The Public Hearing will be held at BiscayJie Medical Arts Building,
21110 Blscayne Boulevard, Suite 101, Aventura, Florida, 33180. Your
. comments may be made in person at the hearing or filed In writing prior to
the hearing date. Refer to applicanVproperty on correspondence snd mail
I same to City of Aventura, Community Oevetopment Oepartment 2999 NE
191 Street, Suite SOO, Aventura, Florida, 33180. For further information,
please call (305) 466-6940.
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami In said Miami-
Dade County, Florida, and that the said newspaper has
heretolore been continuously published in said Miami-Dade
County, Florida, each day (except Saturday, Sunday an~
Legal Holidays) and has been entered as second class mall
matter at the post office in Miami In said Miami-Dade
County, Florida, lor a period of one year next p:receding the
first publication 01 the attached copy 01 advertisement; and
affiant further says that she has neither paid nor promised
any person, firm or corporat discount, rebate, com-
mission or refund the ecurlng this advertise-
ment lor public 0 aper.
In accordance with the Americans with Disabilities Act of 1990, all per-
sons who are disabled ancl who need special aCCOmmodations to partici-
pate In this proceeding because 0# thet disability should oonlact tha omoe
01 tha CRy Clerk, 466-8901, not later then two buslnass days prior to such
proceedings.
~ a person decIdas 10 appeal any _on made by the CIIy Cormlis-
sion with respect to any maUer oonsidenod at a meeIlng or hearing, that
person will need a reoord 01 the Prooeecllngs and, lor such purpoSe, may
need to ensure that a verbaUm reoonf olthe proceedings is made, which
reoord IncI.- the testimony and evidence upori which the """"" is ..
be based.
. , A.D..
.9122
(SEAL)
Oclelma V. Fer
.,.'$.rtrp...... MAFiIA l. MESA
~'A.~allY k4QW1jj~iillll.P. CC 885640
~'.~~"'i EXPIRES: M,'co ~. 200~
If.;';''-.iit'. 60lldrJd Tltf>~ Notm f'uhli~ 1Jn(j6l\Wilers
"'ill". _ .
Teresa M. Soroka, CMC, CllY CIeri<'
lJO.3-92I9295lIM
,
.
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami-Dade County, Florida.
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
0f,.'
CITY OF AVENTURA
.,',
o.te Ind TIme 01 PublIc -.mo: Tuesday, October 3, 2000
8:00 p.m ., ",
Berl<owltzDeveiopment Group'dIlJIa',
Aventura Commons Shopping ~n.i
ter
The applicant is 'requesting the f~"
lowing: .
1) A sign vanance to permit a second
monument sign measuring 120
squarefaet inare8, where the citY's
sign oode perrrlts only one mOms.
ment sign with a maximum ~ 01
48 square feet; and
2) A sign vananoe 10 permn a portion
of this sign to be used to display
the name of a retail tenant not kr
cated on the parael (off-premise
sign).
06-SV-OO
21005-21265 Blscayne Boulev.lrd.
Tracts 'A' and '0' AVENTURA C0M-
MONS, Pllt BOok 151, Page 58 PIJb.
lie Reoords of Mieni-Dade CoonIy,
Rorida.
Approximately 25 Ie"'S.
Before the undersigned authority personally appeared
Octelma V. Ferbeyre, who on oath says that she Is the
Supervisor, Legal Notices of the Miami Daily Business
Review f/kJa Miami Review, a dally (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in MiamI-
Dade County, Florida; that the attached copy of advertise-
ment, being a Legal Advertisement of Notice in the matter of
Appllcent Hlme:
Appllclftl'. Request:
CITY OF AVENTURA
PUBLIC HEARING 10/3/00
APPLICATION NUMBER:
06-SV-00
in the............ .-':'.~~~~...... ........ ....... Court,
w~ ~UpIiS,!!,~ I~ sa!!, 8"d'eraper in 'he issues of
Appllclllon Number:
Loclllon 01 Subfecl Property:
L.egeI DeecrIpIIon:
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami In said Miami-
Dade County, Florida, and that the said newspaper has
heretofore been continuously published In said Miami-Dade
County, Florida, each day (except Saturday, Sunday and
Legal Holidays) and has been entered as second class mall
matter at the post office in Miami in said Miami-Dade
County, Florida, lor a period of one year next preceding the
first publication of the attached copy 01 advertisement; and
affiant lurther says that she has neither paid nor promised
any person, IIr r cor y discount, rebate, com-
mission or r d lor I securing this advertise-
ment for II spaper.
~ 01 Subject pi0p8rty:
Plans are Qn me and may be examined during regular business hours In
the City 01 Aventufl, Community Development Department, 2999 NE 191
Street, Sune 500, Aventura, Flonda, 33180. Plans may be modilieQ at or
before the Public Hearing. The application may change during the h~aring
prooess.
The PubUc Hearing will be held at Biscayne Medical Arts Building,
21110 Biscayne Boulevard, Suite 101. Aventura, Florida, 33180. Your
comments may be made in person at the hearing or filed In writing prior to
the hearing date. Refer to'applicanVproperty on correspondence and mail
same to City of Aventure, Community D8llelopment Department 2999 NE
191 Street, SUite 500, Aventura, Florida, 33180. For further information,
pi.... call (305) 466-8940.
In accordance with the Americans with Disabilities Act of 1990, all per_
sons who are 9i&at>1ed and wIlo need special accommodations to pertlcl-
pete in this prooeeding because of that disabllily should contact the Offioe
of the City Clerk, ~1, noIlater than two business days pno' to such
proceedings.
II a person decides to appooi any dec;sion made by the Cily Commis-
sion with ~ to any matter considered at a meeting or hearing, that
person will need I record of the proceedings and, for such purpose, may
need to ensure thai a verbatim record of the proceedings Is ,made, which
record Inctudes the testimony and evidence upon which the appeal is to
be based. .
Teresa M. Soroka, CMC, (:Ity Clerk
00-3.93192962M
(SEAL) m''Jl~':~. MAfliA I. MESA
. N A MY COMMISSION # CC 885640
Octelma V. Fen .' . "ally ~!P.lmtPch 4, 2004
"~.9f;.~lt-.. Bonded ThnJ N~tary Public Underwriters
9/22