11-14-2000 CC Meeting AgendaCity 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
NDVEMBER 14, 2DDD- G PM
Biscayne Medical Arts Building
21 110 Biscayne Boulevard Suite 10l
Aventura. Florida 33180
CALL TO ORDER\ROLL CALL
2. PLEDGE OF ALLEGIANCE
3. ZONING HEARINGS - SPECIALLY SET BY COMMISSION FOR 6 P.M.
QUASI-JUDICIAL PUBLIC HEARINGS -Please be advised that the following
items on the Commission's agenda are quasi-judicial in nature. If you wish to
comment upon any of these items, please inform the Mayor when he requests public
comments. An opportunity for persons to speak on each item will be made available
after the applicant and staff have made their presentations on each item. All testimony,
including public testimony and evidence, will be made under oath or affirmation.
Additionally, each person who gives testimony may be subject to cross-examination. If
you refuse either to be cross-examined or to be sworn, your testimony will not be
considered. The general public will not be permitted to cross-examine witnesses, but
the public may request the Commission to ask questions of staff or witnesses on their
behalf. Persons representing organizations must present evidence of their authority to
speak for the organization. Further details of the quasi-judicial procedures may be
obtained from the Clerk.
DISCLOSURE OF ANY EX-PARTE COMMUNICATIONS
Ao
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
MONUMENT SIGN MEASURING 75 SQUARE FEET IN AREA
WHERE A MAXIMUM 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.
Bt
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF AVENTURA, FLORIDA GRANTING APPROVAL OF A
VARIANCE FROM SECTION 802.3.2 OF THE CITY'S LAND
DEVELOPMENT REGULATIONS TO ALLOW A SEVEN (7)
FOOT DRIVEWAY SEPARATION BETWEEN DRIVEWAYS OF
MULTI-FAMILY RESIDENTIAL PARCELS ON COLLECTOR
ROADS WHERE A DRIVEWAY SEPARATION OF 150 FEET IS
REQUIRED FOR PROPERTY LOCATED AT 20185 EAST
COUNTRY CLUB DRIVE; PROVIDING AN EFFECTIVE DATE.
Co
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF AVENTURA, FLORIDA GRANTING AN EXTENSION OF A
SIGN VARIANCE PURSUANT TO RESOLUTION NO. 98-68
PASSED AND ADOPTED AUGUST 4, 1998; TO PERMIT ONE
TEMPORARY SALES/DESIGN CENTER SIGN FOR COSCAN
HOMES, KNOWN AS "THE POINT AT THE WATERWAYS";
PROVIDING FOR AN EFFECTIVE DATE.
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF AVENTURA, FLORIDA MODIFYING THE APPROVALS
GRANTED PURSUANT TO RESOLUTION NO. 98-88 PASSED
AND ADOPTED NOVEMBER 17, 1998; TO DELETE THE
PARKING SPACE VARIANCE; TO GRANT A NEW SETBACK
VARIANCE TO PERMIT A 5 FOOT SETBACK AT THE
INTERIOR SIDEYARD ABUTTING A RESIDENTIALLY
ZONED PROPERTY, WHERE 15 FEET IS REQUIRED; TO
MODIFY THE LANDSCAPING VARIANCE FOR PROPERTY
LOCATED AT 18851 NE 29 AVENUE, AVENTURA;
PROVIDING AN EFFECTIVE DATE.
Eo
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF AVENTURA, FLORIDA GRANTING APPROVAL OF A
VARIANCE FROM SECTION 703.4.3(g) OF THE CITY'S LAND
DEVELOPMENT REGULATIONS TO ALLOW ONE 15-FOOT
BUILDING SEPARATION AND ONE 16-FOOT BUILDING
SEPARATION WHERE A MINIMUM BUILDING SEPARATION
OF 30 FEET 1S REQUIRED FOR PROPERTY LOCATED AT
21395 AND 21396 MARINA COVE CIRCLE; PROVIDING AN
EFFECTIVE DATE.
Fo
REPORT ON STATUS OF CHABAD HOUSE OF NORTH DADE
PURSUANT TO APPROVAL GRANTED AT THE JUNE 6, 2000
COMMISSION MEETING
4. APPROVAL OF MINUTES: Commission Meeting
October 3, 2000
2
Commission Meeting
Commission Workshop
Commission Workshop
October 24, 2000
October 24, 2000
November 8, 2000
AGENDA: Request for Deletions/Emergency Additions
SPECIAL PRESENTATIONS: None.
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 from the Consent Agenda
and considered separately.
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF AVENTURA, FLORIDA AUTHORIZING THE CITY
MANAGER TO EXECUTE THE ATTACHED 1NTERLOCAL
AGREEMENT BY AND BETWEEN CO-PERMITTEES IN
NPDES PERMIT NO. FLS000003 PROVIDING FOR CONTROL
OF POLLUTANT DISCHARGES BETWEEN SEPARATE
MUNICIPAL STORM SEWER SYSTEMS; 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 Interlocal Agreement to provide
for control of pollutant discharges between municipal storm sewer
systems)
MOTION TO APPOINT THE FOLLOWING INDIVIDUALS TO
SERVE ON THE CHARTER REVISION COMMISSION
EFFECTIVE DECEMBER 1, 2000: COMMISSIONER HARRY
HOLZBERG, BURTON YOUNG, ESQ. , LEONARD BRENNER,
MICHAEL ABRAMS, ESQ. AND GINGER GROSSMAN
(Provides for appointment of Charter Revision Commission)
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF AVENTURA, FLORIDA DECLARING CERTAIN
PROPERTY LISTED UNDER THE ASSETS OF THE CITY AS
SURPLUS TO THE NEEDS OF THE CITY; DESCRIBING THE
MANNER OF DISPOSAL; AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS NECESSARY TO CARRY
OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN
EFFECTIVE DATE.
(Declares certain communications equipment surplus to the needs of the
Police Department)
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF AVENTURA, FLORIDA, AUTHORIZING THE CITY
3
MANAGER TO EXECUTE THE ATTACHED WORK
AUTHORIZATION NO. 15414.72 FOR PROFESSIONAL DESIGN
SERVICES FOR THE NE 30TM AVENUE STORM WATER AND
ROADWAY IMPROVEMENTS PROJECT BY AND BETWEEN
THE CITY OF AVENTURA AND KEITH AND SCHNARS, P.A.;
AND PROVIDING AN EFFECTIVE DATE.
(Authorizes City Manager to execute work authorization for storm
drainage and roadway improvements to NE 30th Avenue)
Eo
MOTION AUTHORIZING THE APPROPRIATION OF UP TO
$14,200 FOR FURNITURE, EQUIPMENT AND CRIME
PREVENTION PROGRAMS FOR THE POLICE DEPARTMENT
FROM THE POLICE FORFEITURE FUND IN ACCORDANCE
WITH CITY MANAGER'S MEMORANDUM.
(Authorizes appropriation of funds for Police Department furniture,
equipment and crime prevention programs)
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF AVENTURA, FLORIDA, RELATING TO THE
SETTLEMENT OF THAT CERTAIN LAWSUIT ENTITLED
"RUTH PRESENT, TRUSTEE AND MARION MUTCHNIK VS.
SNYDER, ET AL, CASE NO. 99-3084-CIV-SEITZ" AND
RELATED CLAIM UNDER SECTION 70.001, FLORIDA
STATUTES, FOR AN AMOUNT NOT TO EXCEED $650,000;
AUTHORIZING THE ACCEPTANCE OF CERTAIN REAL
PROPERTY AS PART OF THE SETTLEMENT; AUTHORIZING
THE APPROPRIATE CITY OFFICIALS TO EXECUTE ALL
DOCUMENTS AND TAKE ALL ACTION NECESSARY TO
IMPLEMENT THE TERMS AND CONDITIONS OF THE
SETTLEMENT; AND PROVIDING AN EFFECTIVE DATE.
(Authorizes settlement of Case No. 99-3084-CIV-Seitz)
8. PUBLIC HEARING: ORDINANCES- FIRST READING:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
AMENDING THE CITY CODE OF THE CITY OF AVENTURA
BY CREATING SECTION 48-20 "PROHIBITION OF RIGHT-
OF-WAY VENDORS AND SOLICITORS ON CERTAIN ROADS"
OF ARTICLE II "USE OF RIGHT-OF-WAY; PARKING; OTHER
REGULATIONS" OF CHAPTER 48 "VEHICLES; USE OF
RIGHT-OF-WAY; PARKING; AND OTHER REGULATIONS;"
PROHIBITING RIGHT-OF-WAY VENDORS AND SOLICITORS
ON CERTAIN STREETS IN THE CITY; CREATING A
DEFINITION FOR THE TERM "RIGHT-OF-WAY VENDOR
AND SOLICITOR;" PROVIDING FOR SEVERABILITY;
4
PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR
PENALTY; PROVIDING FOR EFFECTIVE DATE.
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA
APPROVING AN AGREEMENT FOR EXCHANGE OF
PARCELS BETWEEN THE CITY OF AVENTURA AND
CONCORDE CENTRE II ASSOCIATES; AUTHORIZING THE
CITY MANAGER TO FINALIZE AND EXECUTE THE
AGREEMENT; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
9. PUBLIC HEARING: ORDINANCES- SECOND 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
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, 1F ANY, AND 1NTEREST
ON THE OBLIGATIONS; PROVIDING FOR THE RIGHTS OF THE
HOLDERS OF SUCH OBLIGATIONS; PROVIDING SEVERABILITY
AND AN EFFECTIVE DATE.
10. RESOLUTIONS:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA ACCEPTING THE PROPOSAL OF BANK OF AMERICA,
N.A. TO PROVIDE THE CITY WITH A LOAN IN THE AGGREGATE
PRINCIPAL AMOUNT OF $6,555,000 TO FUND THE COSTS OF
VARIOUS CAPITAL ACQUISITIONS AND IMPROVEMENTS
RELATING TO PARKS, RECREATION AND COMMUNITY CENTERS
WITHIN THE CITY; APPROVING THE FORM OF, AND
AUTHORIZING THE EXECUTION AND DELIVERY OF, A LOAN
AGREEMENT INCLUDING A REVENUE NOTE ATTACHED
THERETO WITH SAID BANK IN ORDER TO EVIDENCE SAID
LOAN; AUTHORIZING THE REPAYMENT OF THE NOTE UNDER
THE LOAN AGREEMENT ONLY FROM NON-AD VALOREM FUNDS
APPROPRIATED FOR SUCH PURPOSE; DELEGATING CERTAIN
AUTHORITY TO THE CITY MANAGER AND CITY CLERK;
AUTHORIZING THE EXECUTION AND DELIVERY OF OTHER
DOCUMENTS IN CONNECTION THEREWITH; AND PROVIDING AN
EFFECTIVE DATE.
11. OTHER BUSINESS: None.
12. PUBLIC COMMENTS
13. REPORTS
14. ADJOURNMENT
SCHEDULE OF FUTURE MEETINGS/EVENTS:
NOVEMBER 28,2000
COMMISSION WORKSHOP
9 A.M.*
* Government Center 2999 NE 191~t Street Suite 500
** Biscayne Medical Arts Building 21110 Biscayne Blvd. Suite 101
['his meeting is open to the public. In accordance with the Americans with Disabilities Act of 1990, all persons who are disabled
and who need special accommodations to participate in this meeting because of that disability should contact the Office of the City
Clerk, 305-466-8901, not later than two days prior to such proceeding. One or mote members of the City of Aventura
Beautification Advisory Board and/or Recreation and Cultural Arts Advisory Board may be in attendance.
Anyone wishing to appeal any decision made by the Aventura City Commission with respect to any matter considered at such
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.
Agenda items may be viewed at the Office of the City Clerk, City of Aventura Government Center, 2999 NE 191~t Street, Suite
500, Aventura, Florida, 33180 Anyone wishing to obtain a copy of any agenda item should contact the City Clerk at 305-466-
8901
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
TO:
FROM:
BY:
DATE:
City Commission. ~
Eric U. ~ roka , C'~'~ . r~ ~,
Brenda Kelley, Commu(~t~elopment D'rect~ ~/
November 3, 2000
SUBJECT:
Revised request of Aventura Commons Associates, Ltd. for miscellaneous
sign variances associated with the construction of a monument sign. (06-
SV-O0)
October 3, 2000 City Commission Meeting Agenda Item 3B
November 14, 2000 City Commiseion Meeting Agenda item
At the October 3, 2000 City Commission meeting, this application was deferred to this
meeting so that the applicant might reconsider and revise their request. The applicant
has revised their application so as to request that the City Commission approve one
monument sign, measuring 75 square feet in area, at the northerly Biscayne Boulevard
entrance drive. In addition, the Applicant agrees not to apply for a second 48 square
foot monument sign along the Biscayne Boulevard frontage of Tract A and Tract D of
Aventura Commons. (See attached Exhibit #1 for revised Letter of Intent).
It is recommended that the City Commission:
1) Deny the request for a Sign Variance to permit a monument sign measuring 75
square feet in area; and
2) Approve the request 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).
THE REVISED REQUEST
The applicant, Berkowitz Development Group d/b/a Aventura Commons Shopping
Center, is requesting the following:
1) A sign variance to permit one monument sign measuring 75 square feet in area,
where the City's sign code permits 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).
BACKGROUND
OWNER OF PROPERTY
Aventura Commons Associates, Ltd.
NAME OFAPPMCANT
Aventura Commons Associates, Ltd.
ADDRESS OFPROPERTY
21005~21265 Biscayne Boulevard.
Criteria
The criteria for approval of sign variances as required by the City of Aventura Sign
Ordinance (No. 97-17) requires:
The sign vadance maintains the basic intent and purpose of the regulations,
particularly as it affects the stability and appearanc~ of ~he City and provided that
the Varfance 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: A Si,qn Variance to permit a monument si,qn measurin~l 75 square feet
in ,area.
The requested sign variance does not preserve or enhance the unique aesthetic
character of the City. 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. Because they are located more than 300 feet from a fronting roadway, most
of these tenants are 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. Therefore, the primary directional purpose of any
monument sign at the shopping center would be to inform motorists of the identity of the
entire shopping canter. Staff believes that the sign would serve a function that is
primarily one of advertising or publicizing these stores. This is not 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. The Aventura Commons shopping center is the first
substantial commemial 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.
2
Request #2:, Permit a portion of this si,qn to be used to display the name of a retail
tenant not located on site.
The requested sign variance does preserve or enhance the unique aesthetic character
of the City. Under the City's Sign Ordinance, the Aventura Commons center is
permitted one monument sign of a maximum size of 48 square feet. 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 Target store should be
treated as a tenant of the shopping center even though it is on a separate tract of land.
The Target store is physically connected to the remainder of the shopping center and
shares parking and driveways with it. 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.
3
JEFFREY BF..R COW
BEN J. FERN*~dqDE-Z
THEOPRI~.US L HA~Rt~
LAW
BERCOW ~ RADELL
RECEIVED
November 2, 2000
Ms. Brenda Kelley
City of Aventura
2999 NE 191st Street
Suite 500
Aventura, Florida 33180
NOV 0 2 2000
COMMUN~Y DEVELOPMENT
RE:
Aventura Commons Associates, Ltd.
21005 - 21265 Biscayne Boulevard
Application for Sign Variance
Dear Ms. Kelley:
The Applicant hereby amends the referenced application for a sign
variance in order to reduce the size of the proposed main monument sign to 75
square feet. In additiox~, the Appl£cant agrees not to apply for a second 48 square
foot monument sign along the Biscayne Boulevard frontage of Tract A and Tract
D of Aventura Commons as recorded in Plat Book 151, Page 58, ff the 75 square
foot principle monument sign £~ approved by the City Council.
Thank you for your cooperation and attention to this matter.
Sincerely,
Ben Fernandez
B~/jb
cc: Ms. Kathy Moorman
EXHIBIT #1
Scale@ 1/2": 1'
* Double Fac~, Pc~e Sicj", wi'Ih 1" De.c, Fablicaled .~uminum L~'iters
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 MONUMENT SIGN
MEASURING 75 SQUARE FEET IN AREA WHERE A
MAXIMUM 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 monument sign measuring 75 square feet in area,
where the City's sign code permits 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.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Resolution No, 2000-
Page 2
Section 1. Application No. 06-SV-00 for Sign Variance to allow a monument
sign measuring 75 square feet in area, where the City's sign code permits 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), 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, a/k/a, Aventura Commons,
21005-21265 Biscayne Boulevard
is hereby granted exclusively to the applicant.
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 Ken Cohen
Commissioner Harry Holzberg
Commissioner Jeffrey M. Perlow
Commissioner Patricia Rogers-Libert
Vice Mayor Jay R. Beskin
Mayor Arthur I. Snyder
Resolution No. 2000-__
Page 3
PASSED AND ADOPTED this 14th day of November, 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 __
2000.
day of November,
CITY CLERK
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO:
FROM:
BY:
DATE:
City Commission,~
Eric M. Soroka,~.i~Mab~ger
Brenda Kelley, Co__Development
September 22, 2000
Dire(~
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 ?2 ~
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 OFPROPERTY
21005-21265 Biscayne Boulevard
SIZE OFPROPERTY
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
(200 square feet). These signs were installed prior 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 ~ 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 qualify 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 otherwise compatible with the surrounding land uses and would
not be detrimental to the community. No showing of unnecessary hardship is
required.
Request #1: A Si,qn Variance to permit a second monument sil:ln measurin.q 120
square feet in 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
3
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 parcels, 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 siRn to be used to
display the name of a retail tenant not located On the parcel (off-premise si~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
THEOPHILUSI. HARRIS
DEBORAH L. MARTOHUE
MICHAEIE. RADEIL
LAW OFFICES
BERCOTM ~. RADELL
PROFESSIONAL ASSOCIATION
FIRST UNION FINANCIAL CENTER, SUITE 850
200 SOUTH BISCAYNE BOULEVARD
MIAMI, FLORIDA 33 i 31
TELEPHONE (305) 374-5300
FAX(305) 3?7-6222
May 24, 2000
Ms. Brenda Kelley
Director of Community Development
City of Aventura
2999 N.E. 191 Street
Suite 500
Aventura, Florida 33180
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.
Justification. 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-O0)
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
m~.
Sincerely,
BF/jb
Ms. Kathy Moorman
Jeffrey Bercow, Esq.
BERCOW ~ RADELL
PROFESSIONAL ASSOCIATION
Hospital
SITE
207 ST.
192 ST.
ST.
Maule
lake
¢ of Aventura
Maule
Lake
33t,6_
Dumfoundlin
EXHIBIT #2,
LEGEND
Roadways
...... CibJ Boundary
.......... ZiP
CiTY OF AVENTURA
GOVERNMENT CENTER
2999 N.E. 191 ST STREET
SUITE S00
AVENTURA, FLORIDA 33180
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 flee-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
.q~t ~'/TDerkowitz021097
EXHIBIT #3
PhONe: 305-466-8900 ' Fax: 305-466-8939
B F RKOWITZ
DEVELOPMENT
G KOU P
VIA FAX (305) 466-8939
February 15, 1997
Brenda Kelly, planner
City of Aventura
Governmental Center
2999 N.E. 19P' Street
Suite 500
Aventura, FL 33180
RECEIVED
FE9 ! 9
COMMUNITY DE~LOPME/~q-
Re:
Free-standing Signage
Aventura Commons Shopping Center
De. az Ms. Kelly:
I am in receipt of your correspondence dated February l 0, 1997. Please 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
and share its apparent aversion to the same. However, inasmuch as the 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 future, 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 bad jurisdicllon 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 consmmt the same, depending on
the nature of any new signage ordinances that may be adopted by the CiW Council.
EXHIBIT #4
TO0 'd 00~28-6~8-~0~:~13& dllO~D ':'~3(] 211,~A0]~3~] 80:I'I (3Jl~),.6,81- 'fl3J
Brenda Kelly
February 18, 1997
Page 2
Thank you for your cooperation and assistance in this matter. Please do not hesitate to
contact mc should you have any comments or questions.
JLB/ysh
Very truly yours,
AVENTURA C~IMMONS ASSOC., LTD.
by: A~ ~s, Inc.
Yet~ey ' Se~l~pwi'gz, PresLdent
CC:
JeffBercow, Esq. (ViaFax) 377-6222
Marc Milgram (Via Fax) 262-7180
Acolite-Claude United (Via Fax) 819-7777
__ NON ~UMIF.~ED
1
J Scale ~ 1"= 1'
'* Dcuble Face Mcnument Sigr
]0-150
t2
10tO''
· ,~ ~' IJ CC'O FINISH
Scale@ 1,2 -1
* Dcx.~ble Face Pc~e Sic~ with 1" De.c-f:, Fabdcaf_,~:J AJuminum Leff_,~rs
North Sign
EXHIBIT # 6
(06-SV-O0)
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO:
FROM:
BY:
DATE:
SUBJECT:
City Commission ~/'~
Eric M. Soroka~i~ I~
Brenda Kelley,(..Com~
November 3, 2000
¥~evelopment Directf~-Y~l
Request of Landmark Club Condominium Association, Inc. for variance
from Section 802.3.2 of the City's Land Development Regulations to allow
a 7-foot separation between driveways of multi-family residential parcels
on collector roads where a separation of 150 feet is required. (03-VAR-
00)
November 14, 1999 City Commission Meeting Agenda Item
It is recommended that the City Commission approve the request for a variance in that
it does meet the criteria for granting of variances found in Section 506.5 of the City's
Land Development Regulations.
THE REQUEST
The applicant, Landmark Club Condominium Association, Inc. requests a variance from
Section 802.3.2 of the City's Land Development Regulations which requires a minimum
separation of 150 feet between driveways of multi-family residential parcels on collector
roads. No change to the traffic system within the condominium is planned, and the two
driveways will carry the same amount of traffic previously entering a single existing
driveway. (See Exhibit #1 for Letter of Intent, Exhibit #2 for Location Map and Exhibit #3
for Aerial Photograph)
BACKGROUND
OWNER OF PROPERTY
Landmark Club Condominium Association, Inc.
NAME OF APPLICANT Landmark Club Condominium Association, Inc
ADDRESS OF PROPERTY 20185 East Country Club Drive
SIZE OF PROPERTY
2.503 acres
LEGAL DESCRIPTION
LAND USE DATA
Zoning -
Subject Property:
Properties to the North:
Properties to the South:
Properties to the East:
Properties to the West:
Existing Land Use-
Subject Property:
Properties to the North:
Properties to the South:
Properties to the East:
Properties to the West:
RMF4
RMF4
RMF4
CNS
ROS
Portions of Tract L of AVENTURA FIFTH
ADDITION, according to the Plat thereof as
recorded in Plat Book 116 at page 39 of the
Public Records of Dade County. (This is a
partial description. For full legal description
see Exhibit
Multi-Family High Density Residential District
Multi-Family High Density Residential District
Multi-Family High Density Residential District
Conservation District (Intracoastal Waterway)
Recreation and Open Space District (golf
course)
Multi-Family Residential
Multi-Family Residential
Multi-Family Residential
Intracoastal Waterway
Golf Course
Future Land Use -
Subject Property:
Properties to the North:
Properties to the South:
Properties to the East:
Properties to the West:
Medium-High Density Residential
Medium-High Density Residential
Medium-High Density Residential
Water
Parks and Recreation
The Site - Tract "L," is an 11.99 acre site. As a result of the original site design, the
Terraces and the Landmark share a common inbound driveway that splits after about
50 feet to allow cars to pass through separate gatehouses. The outbound drive for the
Landmark wraps around the back (east) of the building and exits onto East Country
Club Drive on the south side of the building.
The Project- It is the intention of the Landmark Condominium to construct a new
entrance driveway. The Landmark now shares a common driveway with the adjacent
Terraces of Turnberry condominium. When constructed, the new entrance driveway will
be located seven feet south of the Terraces of Turnberry driveway. The two driveways
will carry the same amount of traffic entering the single existing driveway. Because of
its shared driveway, it is difficult for visitors to determine which guardhouse drive they
should enter. If they enter at the wrong gatehouse, drivers must either back up or, if
2
other cars are in line behind them, they must circle around one of the buildings and exit
onto East Country Club Drive, then re-enter the driveway.
The driveway reconfiguration will also allow drivers to turn either left or right onto East
Country Club Drive from the Landmark's exit (south) drive. At present, only right turns
are possible. The exit drive is located more than 150 feet from any other multi-family
residential driveway, so permitting both left and right exits is in conformance with the
City's Land Development Regulations and is thus not a part of this application.
The Landmark is installing new landscaping and entry signage under separate permits
that will assist motorists in locating the correct driveway. In addition, the Landmark has
agreed to install landscaping within the median of East Country Club and relocate four
palm trees in the median to mitigate the impact of their proposed project and improve
the appearance of the right-of-way in front of their building. (See Exhibit #5 for letter of
agreement from applicants.)
ANALYSIS
Consistency with Comprehensive Master Plan - The request is not inconsistent with
the City of Aventura Comprehensive Plan.
Citizen Comments- The Community Development Department has received no
written citizen comments concerning this application.
Community Development Department Analysis - The applicants are requesting a
variance from Section 802.3.2 of the City's Land Development Regulations requiring a
minimum separation of 150 feet between driveways for multi-family residential
developments on collector roadways. Because no changes to the internal traffic or
parking facilities of the two condominiums are proposed, the two driveways are
anticipated to carry the same amount of traffic presently entering the single existing
driveway.
Criteria
The guidelines for approval of variances as required by Section 506.5 of the City's
Land Development Regulation states:
506.5 Standards of review. A variance shall be granted only where competent and
substantial evidence presented in the particular case shows that all of the
following are met:
(a) The particular physical surroundings, shape, topographical condition, or other
physical or environmental condition of the specific property involved would
result in a particular hardship upon the owner, as distinguished from a mere
inconvenience, if the regulations were carried out literally.
3
As a result of the original site design, the Terraces and the Landmark share a common
inbound driveway that splits after about 50 feet to allow cars to pass through separate
gatehouses. The present driveway configuration has proved awkward when used with
two gatehouses. Because the proposed new Landmark driveway is for inbound traffic
only, it will not pose a hazard to traffic using the Terraces of Turnberry driveway.
The conditions upon which the request for a variance is based are unique to the
parcel and would not be generally applicable to other property within the
vicinity.
The conditions are unique to this site and are not applicable to other locations.
The alleged difficulty or hardship is not economic and has not been deliberately
created to establish a use or structure which is not otherwise consistent with
the LDR.
The applicant's difficulty is not economic in nature and the difficulty was not
deliberately created by the applicant. The present driveway configuration is awkward
and under some circumstances can pose a traffic hazard.
Cd)
The granting of the variance will not be detrimental to the public welfare or
injurious to other property or improvements in the vicinity.
The variance will not be detrimental to the public welfare and will improve convenience
and safety of drivers entering and exiting the Landmark and Terraces at Turnberry
buildings. The separate driveways created by the proposed project will carry the same
amount of traffic entering the single existing driveway.
The proposed variance will not substantially increase the congestion in the
public streets, or increase the danger of fire, or endanger the public safety, or
substantially diminish or irnpair property values within the vicinity.
The variance will not substantially increase traffic congestion or increase the danger of
fire or endanger the public safety or substantially diminish or impair property values.
Staff expects some improvement to the traffic flow within the public right-of-way of East
Country Club Drive and a significant improvement to the circulation of traffic within the
Landmark and Terraces at Turnberry property.
RECOMMENDATION
It is recommended that the City Commission approve the request for a variance in that
it does meet the criteria for granting of variances found in subsection 506.5 of the City's
Land Development Regulations subject to the conditions specified below.
4
CONDITIONS
1) Plans shall substantially comply with those plans submitted as follows:
"Landmark Condominium Driveway Reconfiguration: Survey Plan, Demolition
Plan and general Notes," prepared by Bermello-Ajamil and Partners, Inc. One
page, numbered C~1, dated 03/20/00, signed and sealed dated 08/01/00.
"Landmark Condominium Driveway Reconflguration: Partial Plan Entrance,"
prepared by Bermello-Ajamil and Partners, Inc. One page, numbered C-2, dated
03/20~00, signed and sealed dated 08/01/00.
"Landmark Condominium Driveway Reconfiguration: Partial Plan Exit Way,"
prepared by Bermello-Ajamil and Partners, Inc. One page, numbered C-3, dated
03~20~00, signed and sealed dated 08/01/00.
"Landmark Condominium Driveway Reconfiguration: Construction Details,"
prepared by Bermello-Ajamil and Partners, Inc. One page, numbered C-4, dated
03/15~00, signed and sealed dated 08/01/00.
"Landmark Condominium Driveway Reconfiguration: General Specifications,"
prepared by Bermello-Ajamil and Partners, Inc. One page, numbered C-5, dated
03~20~00, signed and sealed dated 08/01/00.
2) No signage is permitted as part of this approval. All signage indicated on the above
plans shall conform to the City's sign ordinance and building permits shall be
secured before installation.
3) Permits shall be obtained within twelve months of the date of the Resolution or the
approval granted shall be deemed null and void unless extended by a motion of the
City Commission.
5
LAW OFFICES
ROSENTHAL
ROSENTHAL
RASCO
A parmcrship of Professional Associations
July 27,2000
2000
COMMUNITY DEVELOPMENT
EDUARDO 1. RASCO
/kLAN S. ROSENTHAL
KERRY E. ROSENTHAL
STACI H. GENET
JESS1CA B. LASSMAN
GARY lAN NESB1TT
City of Aventura
2999 N. E. 191st Street
Suite 500
Aventura, Florida 33180
OF COUNSEL
JEROME S. HOLLO
JORGE LUIS WOLF
Re: The Landmark Club Condominium Association, Inc.
Ladies and Gentlemen:
The Applicant owns and is responsible for the common areas of the Landmark Condominium
("Landmark"), a 28 story, 184 unit condominium located at 20185 East Country Club Drive,
Aventura, Florida 33180, including the area utilized for ingress.
The Landmark was originally the proposed second building in a phased development of thc
Terraces at Turnberry ("Terraces"), the Plans for which contemplated one central entrance to
both buildings. The developer of the Terraces sold the property that was to house the second
building and Landmark was developed as a separate and distinct property. The main cntra:ace to
Landmark faces north, as opposed to facing Country Club Drive, as it would have were it
initially developed as a separate project. In addition, due to the original Plans contemplating a
central entrance to both buildings, and the developer of Landmark being required to build in
substantial compliance with the original Plans, the developer was required to utilize the central
entrance, which has over the years created confusion and on occasion hazardous situations for
the residents of Landmark.
On numerous occasions over the past ten (10) years visitors to and othei~ arriving at Landmark
have been confused when accessing the single entrance to both Terraces and Landmark. Many
arriving have found themselves at Terraces instead of Landmark, and were required to re-route
themselves, occasionally causing traffic congestion, but more importantly, rescue, fire and
police vehicles often make the same mistake, sometimes adding precious minutes to their
response times.
The Applicant has submitted Plans to the City and has secured Permits for various renovations
and improvements to Landmark in their desire to upgrade the landscaping, signage and bring the
project up to current standards. In order to avoid the confused entry to the building the Applicant
has developed a proposed new entrance to Landmark, and in conjunction therewith has retained
traffic engineers to develop what the Applicant believes to be a better method of ingress to their
building, which will separate the entrances to Terraces from Landmark, and avoid further
EXHIBIT #1
O3-VAR-OO
Turnberry Plaza, Suite 500, 2875 Northeast 191st Street,Aventura, Florida 33180
305.937.0300 / Fax: 305.937 131 l / E-mail: lawoffices@aol.com
City of Aventura 2 July 27, 2000
confusion. These Plans have been reviewed by City Engineers, City Staff, and their
recommendations have been incorporated into the Plans or agreed to by the Applicant.
In order to effectuate this needed change the Applicant requires a variance to allow one driveway
to be less than 150 feet from another as required by City Code. It is respectfully submitted that
this variance will inure to the benefit of both residents of Landmark and Terraces will be of
benefit to the City in that the separate entrances, curbing, roadway signs, and markings; will
prevent the traffic difficulties referred to herein; will provide better access information to both
buildings; will not affect the method of egress for either building; and will provide a new and
more aesthetically beautiful entrance to the newly remodeled Landmark.
It is therefore respectfully requested that the City Commission approve the single variance
necessary to effectuate the development of the separate entrance for Landmark.
Respectfully submitted, ~ ~..~_.~~'~
ROSENTHAL ROSENTHAL RASCO ApartnershipofProfessionalAssociations
Turnber[y Plaza, Suite 500, 2875 Northeast 191st Street,Aventura, Florida 33180
~O5 937 0300 / Fax: ~05 <)~ 1 ~I 1 / E-mail: lawoffices@aol corn
CLUB DR,
Hospital
WAY
201 TER.
- WATERWAYS I
~.ventura Police
Deparlment
207 ST.
UB DR.
192 ST.
of Aventura
Maule
Lak~
190
188 ST.
~ D~afoundling / ~ *t
/
!
EXHIBIT #2~,
03 -VAR-O0
LEGEND
Roadways
CibjBoundary
EXHIBIT #3
03-VAR-00
THE LANDMARK CLUB CONDOMINIUM ASSOCIATION, INC.
LEGAL DESCRIPTION
Those portions of Tract L of 'AVENTURA FIFTH ADDITION", according to the Plat thereof,
as recorded in Plat Book 116, at Page 39, of the Public Records of Miami-Dade County, Floirda,
being more particularly described as follows:
Commence at the Northeast comer of said Tract L; thence S 02°10'17'' West along the East
boundary of said Tract L for 416.83 feet to the POINT OF BEGINNING; thence S 02°10'17"
West continuing along the East boundary of said Tract L for 162.83 feet; thence N 82029'30"
West for 651.70 feet to a point on the West boundary of said Tract L; thence N 06034'59" East
continuing along the West boundary of said Tract L for 173.05 feet; thence S 83°25'01" East for
130.11 feet; thence N 83o52, 14" East for 165.83 feet; thence S 39°29'11" East for 52.77 feet to a
point on the Westerly boundary of said Terraces North at Tumberry, a Condominium according
to the Declaration of Condominium thereof, recorded in Official Records Book 11886, at Page
1426, of the Public Records of Miami-Dade County, Florida; thence along the Westerly and
Southerly boundary of said Terraces North at Turnberry, a Condominium for the next five
courses; thence S 09°10'17"West for 27.71 feet; thence S 87049'43" East for 47.80 feet; thence
S 02°10'17" West for 21.00 feet; thence S 87049'43" East for 17.00 feet; thence N 02°10'17"
East for 3.67 feet; thence S 87049'43'' East for 245.25 feet to a point on the East boundary of
said Tract L and the POiNT OF BEGINNING.
Containing 2.503 acres, more or less.
EXHIBIT #4
03-VAR-O0
LAW OFFICES
ROSENTHAI.
ROSENTHAL
October 24, 2000
Ms. Brenda Kelley
Community Development Director
City of Aventura
2999 N. E. 191st Street
Suite 500
Aventura; Florida 33180
Re: Landmark Condominium Entrance Reconfiguration (03-VAR-00)
EDUARDO I. RASCO
ALAN S. ROSENTHAL
KEKRY E. ROSENTHAL
STACI H. GENET
JESSICA B. [ASSMAN
GARY lAN NESBITr
OF COUNSEl.
JEROME S. HOLLO
JORGE LUIS WOLF
Dear Ms. Kelley:
At the August 30th Development Review Committee regarding my client's proposed driveway
configuration, City staff requested that we prepare a landscaping plan for the median of East
Country Club Drive in front of the Landmark building. [n cooperation with the City's Landscape
Architect, Bill O'Leary, our landscape contractor prepared Plans and a planting list meeting the
City's requirements. The purpose of tiffs letter is to acknowledge that, should the City
Commission approve the Landmark's variance request, my client is prepared to implement the
median landscaping plan and planting schedule dated October 16 2000 and submitted to the City
on the same date as part of the construction project.
If you have any questions, please feel free to call me at (305) 937-0300.
Sincerely,
ROSENTHAL ROSENTHAE .RSVP_.. / -'
) \
~~AL .........
/
ASR:cw
CC:
Mr. Bruce Epperson
The Landmark
EXHIBIT #5
03-VAR-O0
(Two Pages)
Turnberry Plaza. Suite 50( ................................... turn, Florida 33180
305.937.0300 / Fax 505.937 1311 / E-mail: lawoffices@aol corn
LANDSCAPING, INC.
3920 NW 94th Avenue · Hollywood, FIodda 33024
Phone: 954-431.1111 · Fax: 954o433,1111 ° Wats: 1.800o284.1112
Jack Rice
Landmark Condominium
20185 East Country Club Drive
Aventura, Florida 33180
10/16/2000 1 10422
·
PROPOSAL
L andscaping 10/15
DESCRIPTION
IHEET NUMBER C - 2 of Bermello-Ajamil and Partners, Inc.
evisions 09/20/2000:
asmine "simplicifolum" (3 gal)
i Feet of 6" Schedule 40 PVC main line for sleeving
[Feet of 2" Schedule 40 PVC main line
;eet of 3" Schedule 40 PVC main line for sleeving
:eet of multi-strand 24 volt irrigation wire
:eet of 2-1/2" Schedule 40 PVC for supply line
easonal flowers
HEET C-3:
~eet of 6" Schedule 40 PVC main line for sleeving
7d~t 0f2" Schedule 40 PVC main line
Feet of 3" Schedule'40 PVC main line for sleeving
Feet of 2-1/2" Schedule 40 PVC for supply line
Feet of multi-strand 24 volt irrigation wire
12" valve boxes
Jasmine "volubile" (3 gal)
Re-locate 4 coconut palms within island (28' o.a.)
Yards of topsoil
?allets of "red" mulch (70 bags per pallet ~ 4.00 a bag)
Labor - front-end loader, backhoe, landscaping, and irrigation
Dade County Sales Tax
QTY RATE
66! 10.00.
60i 5.10
601 0.90
60i 2.00
60i 1.00
60] 1.85
1,200 1.50
40 5.10
40 0.90
40 2.00
40 1.85
40~ 1.00
8 32.00
60 10.00
4 125.00
15 25.00
2 280.00
5,200.00
6.50%
TOTAL
TOTAL
660.00Ti
306.00T~
54.00T!
120.00T
60.00T
lll.00T
1,800.00T
204.00T
36.005
80.00~
74.00T
40.00T
256.00T
600.00TI
500.00
375.00T
560.00T
5,200.00
346.84
$11,382.84
RESOLUTION NO.
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA GRANTING APPROVAL
OF A VARIANCE FROM SECTION 802.3.2 OF THE CITY'S
LAND DEVELOPMENT REGULATIONS TO ALLOW A
SEVEN (7) FOOT DRIVEWAY SEPARATION BETWEEN
DRIVEWAYS OF MULTI-FAMILY RESIDENTIAL PARCELS
ON COLLECTOR ROADS WHERE A DRIVEWAY
SEPARATION OF 150 FEET IS REQUIRED FOR
PROPERTY LOCATED AT 20185 EAST COUNTRY CLUB
DRIVE; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the property described herein is zoned RMF4, Multi-Family High-
Density Residential District; and
WHEREAS, the applicant Landmark Club Condominium Association, Inc.,
through Application No. 03-VAR-00 is requesting a variance from Section 802.3.2 of
the City's Land Development Regulations to allow a seven (7) foot driveway separation
between driveways of multi-family residential parcels on collector roads where a
driveway separation of 150' is required; and
WHEREAS, following proper notice, the City Commission has held a public
hearing, as provided by law; and
WHEREAS the City Commission finds that the Application meets the criteria of
the applicable codes and ordinances, to the extent the Application is granted herein.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. Application for a variance from Section 802.3.2 of the City's Land
Development Regulations to allow a seven (7) foot driveway separation between
driveways of multi-family residential parcels on collector roads where a driveway
separation of 150' is required on property legally described as shown on the attached
Exhibit #1, aka Landmark Condominium 20185 East Country Club Drive, is hereby
approved subject to the following conditions:
Resolution No. 2000-
Page 2
1) Plans shall substantially comply with those plans submitted as follows:
· "Landmark Condominium Driveway Reconflguration: Survey Plan, Demolition Plan
and general Notes," prepared by Bermello-Ajamil and Partners, Inc. One page,
numbered C-I, dated 03/20/00, signed and sealed dated 08/01/00.
· "Landmark Condominium Driveway Reconfiguration: Partial Plan Entrance,"
prepared by Bermello-Ajamil and Partners, Inc. One page, numbered C-2, dated
03/20/00, signed and sealed dated 08/01/00.
· "Landmark Condominium Driveway Reconfiguration: Partial Plan Exit Way,"
prepared by Bermello-Ajamil and Partners, Inc. One page, numbered C-3, dated
03/20/00, signed and sealed dated 08/01/00.
· "Landmark Condominium Driveway Reconfiguration: Construction Details,"
prepared by Bermello-^jamil and Partners, Inc. One page, numbered C-4, dated
03/15/00, signed and sealed dated 08/01/00.
· "Landmark Condominium Driveway Reconfiguration: General Specifications,"
prepared by Bermello-^jamil and Partners, Inc. One page, numbered C-5, dated
03/20/00, signed and sealed dated 08/01/00.
2) No signage is permitted as part of this approval. All signage indicated on the above
plans shall conform to the City's sign ordinance and building permits shall be
secured before installation.
3) Permits shall be obtained within twelve months of the date of the Resolution or the
approval granted shall be deemed null and void unless extended by a motion of the
City Commission.
Section 2. The City Manager is authorized to cause the issuance of permits in
accordance with the approvals and conditions herein provided and to indicate such
approvals and conditions upon the records of the City.
Section 3. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner
moved its adoption. The motion was seconded by Commissioner
and upon being put to a vote, the vote was as follows:
, who
Commissioner Arthur Berger
Commissioner Ken Cohen
Commissioner Harry Holzberg
Commissioner Jeffrey M. Perlow
Commissioner Patricia Rogers-Libert
Vice Mayor Jay R. Beskin
Mayor Arthur I. Snyder
Resolution No. 2000-
Page 3
PASSED AND ADOPTED this 14th day of November, 2000.
ARTHURI. SNYDER, MAYOR
ATTEST:
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 November, 2000.
CITY CLERK
THE LANDMARK CLUB CONDOMINIUM ASSOCIATION, INC.
LEGAL DESCRIPTION
Those portions of Tract L of 'AVENTURA FIFTH ADDITION", according to the Plat thereof,
as recorded in Plat Book 116, at Page 39, of the Public Records of Miami-Dade County, Floirda,
being more particularly described as follows:
Commence at the Northeast comer of said Tract L; thence S 02°10'17'' West along the East
boundary of said Tract L for 416.83 feet to the POINT OF BEGINNING; thence S 02°10'17"
West continuing along the East boundary of said Tract L for 162.83 feet; thence N 82°29'30"
West for 651.70 feet to a point on the West boundary of said Tract L; thence N 06034'59" East
continuing along the West boundary of said Tract L for 173.05 feet; thence S 83°25'01" East for
130.11 feet; thence N 83o52, 14" East for 165.83 feet; thence S 39o29, 11" East for 52.77 feet to a
point on the Westerly boundary of said Terraces North at Tumberry, a Condominium according
to the Declaration of Condominium thereof, recorded in Official Records Book 11886, at Page
1426, of the Public Records of Miami-Dade County, Florida; thence along the Westerly and
Southerly boundary of said Terraces North at Tumberry, a Condominium for the next five
courses; thence S 09°10'17"West for 27.71 feet; thence S 87049'43" East for 47.80 feet; thence
S 02°10'17" West for 21.00 feet; thence S 87049'43" East for 17.00 feet; thence N 02°10'17''
East for 3.67 feet; thence S 87°49'43'' East for 245.25 feet to a point on the East boundary of
said Tract L and the POINT OF BEGINNING.
Containing 2.503 acres, more or less.
EXHIBIT #1
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO:
FROM:
BY:
DATE:
SUBJECT:
Ci.ty Commission
Brenda Kelley, Comm~,~l~ve,opmen!
November 6, 2000
Request of Coscan Homes to extend approvals granted
Resolution No, 98-68 (02-SE-97)
through
November 14, 2000 City Commission Meeting Agenda Item ~ C_
It is recommended that the City Commission approve the request for extension of the
approvals granted through Resolution No. 98-68 only for the following sign:
FROM:
Allow the temporary sign at the Sales Center to remain no later than
December 31, 2000.
TO:
Allow the temporary sign at the Sales Center on the west side of Yacht
Club Drive to remain for a maximum of two years from December 31, 2000
or until sales efforts at The Point are completed, whichever occurs first.
REQUEST
The applicant, Coscan Homes, is requesting an extension of the following approval
granted through Resolution No, g8-68 passed and adopted August 4, 1998, (See
Exhibit #1 for Letter of intent, Exhibit #2 for Resolution No. 98-68, Exhibit #3 for
location map and Exhibit #5 for photographs of requested sign):
To allow the temporary sign at the Sales Center to remain on the west side of
Yacht Club Drive, from December 31, 2000 until sales efforts at The Point are
completed, or a minimum of four years from December 31, 2000.
Although the Letter of Intent contains a request to allow the Waterways monument sign,
shown in Exhibit #4, at the southeast corner of NE 207 Street and Biscayne Boulevard,
to remain until such time as sales efforts at The Point are completed, or a minimum of
four years, this request has been withdrawn by the applicant. Coscan has been unable
to receive permission to allow this sign to remain on the Promenade Shops' land. The
twenty-year easement has expired and the owner of the Promenade Shops has
declined to renew. The applicant must therefore remove this monument sign.
BACKGROUND
At its meeting of August 4, 1998, City Commission considered an application by
Coscan Florida, Inc. for a sign variance to permit various temporary off-premises and
directional signage for its development at The Point in the Waterways community.
Resolution 98-68 granted the following approvals:
1. The Waterways community development identification monument sign at the
southeast corner of NE 207 Street and Biscayne Boulevard was permitted until
June 3, 2000, with the condition that the specific signage for ~The Point" on
that monument sign be removed.
2. Additional lettering for "The Point" was allowed to remain on the development
identification sign at the northeast comer of NE 207 Street and NE 34 Avenue
until the City erects identification signage for The Point in the area, or until
December 31, 1998, whichever first occurs.
3. The temporary sign at the Sales Center on the west side of Yacht Club Drive
was permitted until December 31, 2000.
4. The temporary directional signage adjacent to the development was permitted
until such time as the roadway is dedicated to the City, or until December 31,
1998, whichever first occurs.
The sign variances granted for signs #2 and ~t above were removed by the applicant
within the time limit specified in the Resolution. The signage for "The Point" on the
Waterways monument sign #1 was also removed by the applicant as directed by the
City Commission. The applicant's current request is to extend the time limit on the sign
variance granted for sign #3 above.
Chapter 9 of the City's Land Development Regulations provides that
"A variance may be granted upon a showing by the applicant that the
Sign Variance maintains the basic intent and purpose of these regulations,
particularly as it affects the stability and appearance of the City and
provides that the Variance w#l be otherwise compatible with the
surrounding land uses and would not be de,mental to the community.
No showing of unnecessary hardship to the land is required".
The odginal vadance approved by Resolution No. 98-68 was granted based on the fact
that the signs were temporary in nature and have existed for a considerable period of
time, they are compatible with the development of the area concerned and they are
beneficial to the sales of the development. The applicant is currently selling units in its
third tower, with two remaining towers to be constructed.
The Sales Center sign on the west side of Yacht Club Drive (Exhibit #5) is required to
properly direct potential purchasers. The applicant has temporarily moved the sales
center to the Atlantic III building and proposes to use the Sales Center building as its
Design Center, where purchasers will coma to view and choose material options and
upgrades. The sign will serve an important directional purpose for vehicular movemant
on Yacht Club Drive. Exhibit #5 shows this sign as approved in 1998 and as it
presently exists. If the extension of time is granted by Commission, lettering will be re-
installed in similar design to the 1998 sign, with "Design Center" substituted for ~Sales
Center".
The applicant's request is to maintain the Sales/Design Center sign until sales efforts
are completed at The Point, or, a minimum of four years from December 31, 2000.
Staff's recommandation is that this sign be permitted until sales efforts are completed,
or, a maximum of two years from December 31, 2000. In the event the applicant
desires to maintain the Sales/Design Center sign after December 31, 2002, it will be
required to seek City Commission's approval.
3
Via Facsimile (305)466-8949
& U.S. Postal Service
June 27,2000
COSCAN
Ms. Brenda Kelley
Director of Community Development
City of Aventura
2999 N,E. 191st Street, Suite 500
Aventura, FL 33180
Re: Signage - City of Aventura Resolution No. 98-68
Dear Brenda:
As discussed, please let this letter serve as our official request for an extension of approval
for the following existing signs:
Waterways Monument Sign at the Southeast corner of N.E_ 207th Street and
Biscayne Boulevard: To allow this monument sign to remain until such time
as the Point Sales efforts have been completed or a minimum of four
(4) years.
Temporary Sign atthe Sales Center: That this sign be allowed to remain until
such time as The Point sales efforts have been completed or a minimum of
four (4) years from 12/31/00.
I am enclosing a copy of Resolution No. 98-68 and have highlighted the two areas
addressing the extensions listed above,
I am available to answer any questions you may have regarding this request. You may
reach me at (305)935-0255.
Thanking you in advance for your cooperation.
Respectfully,
C. qall, Jr,
Vice President
CBH:prq
Enclosure
EXHIBIT #1
Telep~ne: (305) 935-0;~55 - Fsx: [3c}5] 932-1~870
RESOLUTION NO. 98-68
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA GRANTING A SIGN VARIANCE TO
PERMIT ONE TEMPORARY OFF-PREMISE DEVELOPMENT
IDENTIFICATION SIGN, ONE TEMPORARY SALES CENTER
SIGN AND MISCELLANEOUS TEMPORARY OFF-PREMISE
DIRECTIONAL SIGNS; DENYING A SIGN VARIANCE FOR ONE
TEMPORARY OFF-PREMISE DEVELOPMENT IDENTIFICATION
SIGN AND ONE TEMPORARY OFF-PREMISE BOLLARD SIGN
FOR COSCAN FLORIDA, INC., KNOWN AS "THE POINT AT
THE WATERWAYS"; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the property described herein is zoned RU-4, High Density
Apartment House District, a residential district; and
WHEREAS, the Applicant, Coscan Flodda, Inc., through Application No. 02-SE-
97, has requested a Sign Vadance to permit certain signs at the following locations:
1. Temporary off-premise development identification sign located at the southeast
corner of Biscayne Boulevard and NE 207 Street; and
2. Temporary off-premise development identification sign located at the northeast
corner of 207 Street and NE 34 Avenue; and
3. Temporary sales center sign located on the west side of Yacht Club Drive; and
4. Temporary bollard sign located in the median of NE 34 Avenue, north of NE 207
Street; and
5, Miscellaneous off-premise directional signage located adjacent to the development.
WHEREAS, following proper notice, the City Commission has held a public
hearing, as provided by law; and
EXHIBIT #2
Resolution No. 98-68
Page 2
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;
and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. Application No. 02-SE-97 for a Sign Variance to property legally
described as:
A portion of Tract "Q", "The Waterways - Section 5", according to the Plat
thereof as recorded in Plat Book 126, Page 59 of the Public Records of
Dade County, Florida, and a portion of Tract "RR", "The Waterways -
Section 5 First Addition", according to the Plat thereof as recorded in Plat
Book 139, Page 10 of the Public Records of Dade County, Florida.
aka
The Point at the Waterways
is hereby acted upon as follows subject to each of the conditions outlined herein:
1. Deny the request for temporary development identification, off-premise signage for
The Point, located at the southeast corner of NE 207 Street and Biscayne
Boulevard. The Waterways monument sign may remain until June 3, 2000; and
2. Allow the additional lettering for The Point, to remain on the development
identification sign located at the northeast corner of NE 207 Street and NE 34
Avenue until such time as the City erects identification signage for The Point in that
area, or until December 31, 1998, whichever occurs first; and
Resolution No. 98-68
Page 3
3. Allow the temporary sign at the Sales Center to remain no later than December 31,
2000; and
4. Deny the existing temporary bollard sign located in the median of NE 34 Avenue;
and
5. Allow the temporary directional signage adjacent to the development to remain until
such time as the roadway is dedicated to the City, or December 31, 1998, whichever
occurs first.
STANDARD CONDITIONS
1. Plans shall substantially comply with those submitted as follows.
· Master Site Plan, prepared by Leiter & Associates, Inc., revised dated 1/23/98.
PROJECT SPECIFIC CONDITIONS
1. All temporary off-premise signs hereby approved shall be removed no later than
December 31, 1998.
2. The sign at the sales center shall be removed no later than December 31, 2000.
3. All directional signage requires permit approval. Applicant shall obtain building
permits within three (3) months of the date of this Resolution or the approvals
granted for the directional signage shall be deemed null and void and the applicant
shall be required to reinstate the public hearing approval process unless the term is
extended by a motion of the City Commission prior to its expiration.
Section 2. The City Manager is authorized to cause the issuance of permits in
accordance with the approvals and conditions herein provided and to indicate such
approvals and conditions upon the records of the City.
Resolution No. 98-68
Page 4
Section 3. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner Perlow, who moved its
adoption. The motion was seconded by Commissioner Beskin, and upon being put to a
vote, the vote was as follows:
Commissioner Arthur Berger absent
Commissioner Jay R. Beskin yes
Commissioner Harry Holzberg yes
Commissioner Jeffrey M. Perlow yes
Commissioner Patricia Rogers-Libert yes
Vice Mayor Ken Cohen yes
Mayor Arthur I. Snyder yes
PASSED AND ADOPTED this 4th day/~/~ugu~99~
~R'THL~R I. SN~DER, MAYOR
ATTEST: f /? ,.,~/
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
This Resolution was filed, in the
\
cITY CLERK
Office of the City Clerk this
__ day of~,
1998.
RESOLUTION NO.
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA GRANTING AN
EXTENSION OF A SIGN VARIANCE PURSUANT TO
RESOLUTION NO. 98-68 PASSED AND ADOPTED
AUGUST 4, 1998; TO PERMIT ONE TEMPORARY
SALES/DESIGN CENTER SIGN FOR COSCAN HOMES,
KNOWN AS "THE POINT AT THE WATERWAYS";
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS the applicant, Coscan Homes, was granted various sign variances
by Resolution No. 98-68 passed and adopted by the City Commission of the City of
Aventura on August 4, 1998; and
WHEREAS the applicant has requested an extension of the time granted in
Resolution 98-68 to permit a temporary sales/design center sign located on the west
side of Yacht Club Drive to remain in its present location; and
WHEREAS, following proper notice, the City Commission has held a public
hearing, as provided by law; and
WHEREAS the City Commission finds that the Application meets the criteria of
the applicable codes and ordinances, to the extent the Application is granted herein.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The applicant's request to extend the time previously granted by
Resolution No. 98-68 to property legally described as:
Resolution No.
Page 2
A portion of Tract "Q", The Waterways - Section 5", according to the Plat thereof
recorded in Plat Book 126, Page 59 of the Public Records of Dade Country,
Florida, and a portion of Tract "RR", "The Waterways - Section 5 First Addition",
according to a Plat thereof recorded in Plat Book 139, Page 10 of the Public
Records of Dade County, Florida
aka
The Point at the Waterways
is hereby approved to allow a temporary sign at the Sales/Design Center located on the
west side of Yacht Club Drive to remain until sales efforts at The Point are completed,
or a maximum of two (2) years from December 31, 2000.
Section 2. The City Manager is authorized to cause the issuance of permits
in accordance with the approvals and conditions herein provided and to indicate such
approvals and conditions upon the records of the City.
Section 3. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by 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 Ken Cohen
Commissioner Harry Holzberg
Commissioner Jeffrey M. Perlow
Commissioner Patricia Rogers-Libert
Vice Mayor Jay R. Beskin
Mayor Arthur I. Snyder
Resolution No.
Page 3
PASSED AND ADOPTED this 14th day of November, 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 __ day of November, 2000.
CITY CLERK
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO:
FROM:
BY:
DATE:
SUBJECT:
City Commission ~
Eric M. Soroka, C~ ~_e
Brenda Kelley, Commb~
November 3, 2000
;velopment Dire
Request of Harbour Centre Associates to modify Resolution No. 98-88 by
eliminating one current variance, adding one new variance and modifying
one existing variance. (01-VAR-99 (REV))
November 14, 2000 City Commission Meeting Agenda Item
RECOMMENDATION
It is recommended that the City Commission approve the request for the following
modifications to Resolution No. 98-88:
1) Delete current Section 4:
2) Substitute a new Section 4 as follows:
Section 4. Variance from Chapter 33 of the Miami-Dade County Code which
requires a 15-foot buildin.q setback where the adiacent property is zoned fo,
residential use and where provision for a five-foot setback is proposed
3) Modify current Section 7 as follows:
Section 7. Variance from Chapter 33 of the Miami-Dade County Code which
requires ,54.r98,5 61,171 square feet of landscaping. (Provision of 27,".28 29,164
square feet of landscaping is proposed.)
THE REQUEST
The applicant, Harbour Centre Associates, is requesting modifications to Resolution
No. 98-88, to allow approval of a revised site plan for the previously approved office
and retail development located at 18851 NE 29 Avenue. (See Exhibit #1 for Letter of
Intent, Exhibit #2 for Location Map and Exhibit #3 for Resolution No. 98-88).
BACKGROUND
On November 18, 1998 the City Commission approved Resolution No. 98-88, which
granted the following:
1) Releasing development approval previously granted by the Miami-Dade County
Commission;
2) Granting an Unusual use approval to allow outdoor patio and table service;
3) Granting a required Public Hearing approval for building height relative to the
width of the widest abutting street; and
4) Approving four variances affecting parking, setbacks and quantity of
landscaping.
The applicants requested these approvals to allow the approval of a site plan for a 10-
story office building containing 197,795 square feet of gross area, an eight level
parking garage and a one-story frontage building containing 6,400 square feet of gross
area.
On August 28, 2000 the applicants applied to the City for a revision to their approved
site plan to change the office building from 10 to 11 stories; to increase the gross area
of the building by 26,000 square feet; to increase the capacity of the proposed parking
garage from 793 stalls to 1012 stalls and to increase the height of the stairway and
service tower on the proposed parking garage by one (1') foot. The size and location of
the frontage building remained unchanged. Because the original site plan approval was
granted prior to the adoption of the City's Land Development Regulations, the proposed
site plan revision was evaluated using the Miami-Dade County zoning code as it relates
to height, setback and parking and the City Code as it relates to setback to residentially
zoned property, pursuant to Section 103.2.1 of the City's Land Development
Regulations.
Although the increase in gross floor area increased the required parking from 795 to
903 stalls, the proposed increase in the capacity of the parking garage eliminates the
need for the parking variance previously granted by the City Commission. However, the
increase in floor area of the office building increases the amount of open space
required on the site from 54,985 square feet to 61,171 square feet. The applicant
proposes to increase the 27,128 square feet of landscaping contained in the original
site plan to 29,164 square feet of landscaping; therefore, a modification to this variance
is required. In addition, the east wall of the parking garage has been moved 24 feet to
the east, five feet from the east property line. The previously approved site plan
contained an open service courtyard with a wall at the same location. In the new site
plan, the second through fifth levels of the parking garage are built over this service
area. However, because the land to the east of the site is now zoned TC2 (Town
Center Marine District), which allows mixed-use developments containing residential
units, a 15-foot setback is now required to the east property line, and has been added
as a new section to the modified resolution.
ANALYSIS
Citizen Comments- The Community Development Department has received no
written citizen comments.
Community Development Department Analysis -
Criteria
Request #1. Variance from Chapter 33 of the Miami-Dade County Code which requires
a 15-foot buildin,q setback where the adiacent property is zoned for residential use and
where provision for a five-foot setback is proposed.
The guidelines for approval of non-use variances as required by the Miami-Dade
County Code Section 33-311(e)(2) require:
The non-use variance maintains the basic intent and purpose of the zoning,
subdivision and other land use regulations, which is to protect the general welfare
of the public, particularly as it affects the stability and appearance of the community
and provided that the non-use variance will be otherwise compatible with the
surrounding land uses and would not be detrimental to the community.
2. No showing of unnecessary hardship to the land is required.
Staff believes that a variance to permit a five-foot setback will not be detrimental to
the community. The existing use of the site contains no residential component. If the
site to the east was redeveloped with a residential component, the City's TC2 (Town
Center Marine) zoning would require a twenty-foot setback from the property line if
such setback were necessary to provide light and air for the new residential units. In
addition, the stated purpose of the TC2 zoning district includes the caution that
"residential units within this district should be developed and sold with the realistic
expectation that limited impacts of noise, odor and dust will be experienced." Staff
believes that with a minimum separation of twenty-five feet between the proposed
parking garage and any possible future residential development such impacts would
be limited, and in some cases (such as solid waste storage and disposal) the
potential for conflict are reduced.
Request #2. Variance from Chapter 33 of the Miami-Dade County Code, which requires
61,171 square feet of landscapin.q. (Provision of 29,164 square feet of landscapin.q is
proposed.)
The guidelines for approval of non-use variances as required by the Miami-Dade
County Code Section 33-311(e)(2) require:
1. The non-use variance maintains the basic intent and purpose of the zoning,
subdivision and other land use regulations, which is to protect the general welfare of
the public, particularly as it affects the stability and appearance of the community
and provided that the non-use variance will be otherwise compatible with the
surrounding land uses and would not be detrimental to the community.
2. No showing of unnecessary hardship to the land is required.
Staff believes that a variance to permit 29,164 square feet of landscaping, an
increase of 2,036 square feet in the originally approved provision of 27,128 square
feet of landscaping, although the required landscaping has increased from 54,985
square feet to 61,171 square feet will not be detrimental to the community. The
primary design features of the site, including the colonnade along NE 29 Avenue,
the plaza area on the north portion of the site and the inclusion of a visual corridor
extending between NE 29 Avenue and the canal, remain unchanged. The height of
the office building remains unchanged, as the increase in total floor area results
from reducing the height of each floor and reconfiguring rooftop equipment areas.
The location and extent of landscaping has increased by 2,036 square feet and will
continue to be compatible with the future town center development to the north and
west.
P. ILZlN .,.qUMIBCRG DUNN PRICE & AXE:I. ROD LLP
RECEIVED
AU~ 2 8 2000
COMMUNITY DEVELOPMEN'f
August 28~ 2000
Brenda Kelley, Chief of Community
Development Director
City of Aventura, Concourse Center 2
2999 l'q.E. 191 St., 5th Floor
Aventura, Florida 33180
Facsimile and Hand Delivery
Application for Site Plan Al~l~rovat and Modification of
Resolution
Property located at 18851 NE. 29a ~4venu¢
Dear Ms. Kelley:
Purs,,~nt to your department's rules and regulations, please consider this our £ormal lcttcr o£
/ntcnt in connection with the application for site plan approval and modification of previously
approved resolution.
?ursuant to Miami-Dado County Resolution No. 1526, the property was zoned to IU-2. In
1998, the City of Av~atura approved a sitc plan for an ofl~ce complex cont~;n;ng approv;,~tely
204,195 squarc fcct star, alng approximately 148 f~ along with a parking garage and an additional
3,600 bank structure.
It is our understanding that under the City's current land use dcs/gnation, the property is
zoned TC-1. However, the property was approved under the prior IU-2 district.
The applicant seeks to revise the dt~ plan currently appwved to mod/fy the hc/ght to 147 feet
with an architectural glass facade doping 12 fcet in height over the mcchauical equipment, to a total
of 159 feet in bright. Under the definitions sect/on of the City's Code, thc hcight of the building
does not include the mechanical room, which consists of approx;m~tcly 4,399 square feet of the
19,493 total roof area. Thc ~/~pllcant dso seeks to modify the square footage of thc building to
230,8']7 square feet as opposed to 20/,195 square feet currently approved.
G .6DM.~'/3Z3Z~I 0~4330.3094.q6.0 !
EXHIBIT #1
01-VAR-99 (REV)
BILZIN ~.~UMBERG DUNN PRICE & AXELI~OD LL.P
Ms. Brenda Kelly
August 28, 2000
Page 2
The client seeks to maintain the non-use variance previously approved ha that the building
still exceeds thc width of the abutting street (70 feet wide).
The parking garage has been decreased to 69' 6", thus eliminating the requirement for a non-
use variance in height.
Additionally, we have forwarded to your office for review an alternate layout for the banking
facility which would shift thc proposed bank bul)dlnS away fi'om the Stl'ee~ As you may recall, thc
site originally contemplated on-street parallel paxking for the bank_ It is our understanding that this
is no longer going to be an option available to the applicant. Therefore, in order to have parking to
accommodate tho ba~k building, th* at~licant roq~.eats that tho b~nlc building be shiRed from the
street to allow parldng on the intel'ior perin~eter of the ~ite. Additionally, an area will be designated
for ba~: employee parking which is outside of the parldng garage.
The plans are prepared by Antuitectouica which, along with the lanclsc~e plans, mainmin
the visual corridors and the enhanced landscaping- With the sloping facade and other improvements,
we anticipate that the building will be a prominent office building wi,bin the City.
We, therefore, look forward to your fivorable rewiew and analysis of this project.
Should you have any qucstions or need additional information, please do not hesitate to
contact me at 005) 350-2351.
BSA/co
Enclosures
Sincerely,
Mr. Lam-is Boulangcr
Mr. Lofts Boulanger, Jr.
Mark Rousso, E~quir~
Tony Sanchez, Arquitectouica
stanley B. l'rice, Esqttire
Hospital
207 S~
201 TER.
~,VENTURA
192 ST
191 ST,
SITE
Maule
Lake
;ity of Aventura
~3ovemmenl
190~
3:3! 8.0
~ Little :
~ .. Maule "
3,3'
~: Dura:foundling
~{~li~
So,nd
EXHIBIT #2
1-VAR-99 (REV)
LEGEND
Roadways
City Boundary
RESOLUTION NO. 98-88
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA APPROVING A MODIFICATION OF
RESOLUTION NO. 644 ONLY AS THIS APPROVAL RELEASES
THE PREVIOUS APPROVAL PERMITTING A CONCRETE
BLOCK AND READY MIX CEMENT PLANT; GRANTING
UNUSUAL USE APPROVAL PURSUANT TO SECTION 33-13 OF
THE MIAMI-DADE COUNTY CODE TO ALLOW OUTDOOR
PATIO AND TABLE SERVICE IN CONNECTION WITH A
RESTUARANT; GR/'~NTING PUBLIC HEARING APPROVAL
PURSUANT TO SECTION 33-58 OF THE MIAMI-DADE COUNTY
CODE TO ALLOW A BUILDING WHICH HEIGHT EXCEEDS THE
WIDTH OF THE WIDEST STREET UPON WHICH SUCH
BUILDING ABUTS; GRANTING A VARIANCE FROM CHAPTER
33 OF THE MIAMI-DADE COUNTY CODE WHICH REQUIRES
796 PARKING SPACES WHERE A PROVISION OF 793
PARKING SPACES IS PROPOSED; GRANTING A VARIANCE
FROM CHAPTER 33 OF THE MIAMI-DADE COUNTY CODE
WHICH REQUIRES A SIDE STREET (SOUTH) SETBACK OF
THIRTY-TWO (32) FEET WHERE A PROVISION OF FIFTEEN
(15) FEET IS PROPOSED; GRANTING A VARIANCE FROM
CHAPTER 33 OF THE MIAMI-DADE COUNTY CODE WHICH
REQUIRES A FRONT (WEST) SETBACK OF TWENTY (20)
FEET WHERE A PROVISION OF SEVENTEEN (17) FEET IS
PROPOSED; APPROVING A VARIANCE FROM CHAPTER 33 OF
THE MIAMI-DADE COUNTY CODE WHICH REQUIRES 54,985
SQUARE FEET OF LANDSCAPING WHERE A PROVISION OF
27,128 SQUARE FEET OF LANDSCAPING IS PROPOSED FOR
PROPERTY LOCATED AT THE NORTHEAST CORNER OF NE
29 AVENUE AND NE 188 STREET; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the properly described herein is zoned IU-1, Light Manufacturing
District and IU-2, Heavy Manufacturing District; and
EXHIBIT #3
(01-VAR-O0) (REV)
(7 pages)
Resolution No. 98~88
Page 2
WHEREAS, the Applicant, Stanley B. Price for Aventura Internaticnal Business
Center, Ltd, a Florida Limited Partnership, through Application No. 11-SP-98, has
applied for the following:
1.
Modification of Resolution No. 644 only as this approval releases the previous
approval permitting a concrete block and ready mix cement plant; and
Unusual Use approval pursuant to Section 33-13 of the Miami-Dade County Code
to allow outdoor patio and table service in connection with a restaurant; and
Public Hearing approval pursuant to Section 33-58 of the Miami-Dade County Code
to allow a building which height exceeds the width of the widest street upon which
such building abuts; and
Variance from Chapter 33 of the Miami-Dade County Code which requires 796
parking spaces. (Provision of 793 parking spaces is proposed); and
Variance from Chapter 33 of the Miami-Dade County Code which requires a side
street (south) setback of thirty-two (32) feet. (Provision of fifteen (15) feet is
proposed); and
Variance from Chapter 33 of the Miami-Dade County Code which requires a front
(west) setback of twenty (20) feet. (Provision of seventeen (17) feet is proposed);
and
Variance from Chapter 33 of the Miami-Dade County Code which requires 54,985
square feet of landscaping. (Provision of 27,128 square feet of landscaping is
proposed).
Resolution No. 98-88
Page 3
on that certain property at the northeast corner of NE 29 Avenue and NE 188 Street in
Aventura, Florida as legally described on Exhibit #1 attached hereto; and
WHEREAS, following p~-oper 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.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY 6OMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. Modification of Resolution No. 644 only as this approval releases the
previous approval permitting a concrete block and ready mix cement plant is hereby
granted.
Section 2,. Unusual Use approval pursuant to Section 33-13 of the Miami-Dade
County Code to allow outdoor patio and table service in connection with a restaurant is
hereby granted, subject to conditions as outlined herein.
Section $. Public Hearing approval pursuant to Section 33-58 of the Miami-
Dade County Code to allow a building which height exceeds the width of the widest
street upon which such building abuts is hereby granted, subject to conditions as
outlined herein.
Resolution No. 98-88
Page 4
Section 4. Variance from Chapter 33 of the Miami-Dade County Code which
requires 796 parking spaces where a provision of 793 parking spaces is proposed, is
hereby granted, subject to conditions as outlined herein.
Section 5. Variance from Chapter 33 of the Miami-Dade County Code which
requires a side street (south) setback of thirty-two (32) feet where a provision of fifteen
(15) feet is proposed is hereby granted, subject to conditions as outlined herein.
Section 6. Variance from Chapter 33 of the Miami-Dade County Code which
requires a front (west) setback of twenty (20) feet where a provision of seventeen (17)
feet is proposed subject to conditions as outlined herein.
.Section 7. Variance from Chapter 33 of the Miami-Dade County Code which
requires 54,985 square feet of landscaping where a provision of 27,128 square feet of
landscaping is proposed is hereby approved subject to conditions as follows:
STANDARD CONDITIONS
1. Plans shall substantially comply with those submitted as follows:
Harbour Centre at Aventura (cover page), prepared by Arquitectonica, dated
October 21, 1998;
· Demolition Plan and Tree Survey Along Canal Bank, Sheet SP-1, prepared by
Arquitectonica, dated 10/2198;
· Site Plan, Sheet SP-2, prepared by Arquitectonica, dated 11/5/98;
· Landscape Plan, Sheet L-l, prepared by Arquitectonica, dated 10/23/98;
· Floor Plans, Sheet A-l, prepared by Arquitectonica, dated 10/21/98;
Resolution No. 98~88
Page 5
· Floor Plans, SheetA-2, prepared byArquitectonica, dated 10/21/98;
· Elevations, Sheet A-3, prepared by Arquitectonica, dated 10/21/98;
· Elevations, Sheet A-4, prepared by Arqu!tectonica, dated 10/21/98;
· Street Elevation, Sheet A-5, prepared by Arquitectonica, dated 10/21/98.
Applicant shall obtain building permits within 12 months of the date of this
Resolution or the approvals granted shall be deemed null and void unless extended
by a motion of the City Commission.
3. The outdoor patio and table service shall be operated solely as an accessory use to
the restaurant, and if this use is terminated, the outdoor patio and table service use
will automatically expire.
4. The outdoor dining shall be terminated in the event that the City Commission
determines, after a public hearing, that the outdoor dining operation has created
and/or may tend to create noise disturbances. The public hearing shall be set if the
Director of the Department finds probable cause to believe that a noise disturbance
has been created, based upon complaints received or the Director's observation.
5. No plastic or paper shall be utilized for food or beverage service in the outdoor
dining area, so as to avoid litter problems.
PROJECT SPECIFIC CONDITIONS
1. Applicant shall construct improvements, or provide funding, in conjunction with the
City's improvement project for NE 29 Avenue in accordance with design approved
by the City Engineer for that area of right-of-way adjacent to the property. Such
Resolution No. 98-88
Page 6
improvements shall be completed, or funding provided, within ninety (90) days of
the date of this Resolution. Such funding amount shall not exceed $119,933.90.
A tree removal permit is required by DERM prior to any work commencing.
Applicant shall construct improvements, or provide funding for roadway
beautification, including, but not limited to landscaping and paver block
improvements, in conjunction with the City's improvement project for NE 29 Avenue
and NE 191 Street. Such improvements shall be completed, or funding provided,
within sixty (60) days of the date of this Resolution. Such funding amount shall not
exceed $25,000.00.
Section 8. Applicant must obtain a building permit for the frontage building
simultaneously with the application for the 10-story office building permit.
Section 9. The City Manager is authorized to cause the issuance of permits in
accordance with the approvals and conditions herein provided and to indicate such
approvals and conditions upon the records of the City.
Section 10. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner Perlow, who moved its
adoption. The motion was seconded by Commissioner Beskin, and upon being put to a
vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Jeffrey M. Perlow
Commissioner Patricia Rogers-Libert
Vice Mayor Harry Holzberg
Mayor Arthur I. Snyder
yes*(except as to Section 7)
yes
yes
yes
absent
yes
yes
Resolution No. ~-~
Page 7
PASSED AND ADOPTED this 17th day of Nove~.~
~h~r I. Snyde~, Ma
ATTEST:
Teresa M. Smith, CMC, City Clerk
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
This Resolution was filed in the Office of the City Clerk this .
CITY CLERK
/~' dayof
RESOLUTION NO. 2000-__
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA MODIFYING THE
APPROVALS GRANTED PURSUANT TO RESOLUTION
NO. 98-88 PASSED AND ADOPTED NOVEMBER 17,
1998; TO DELETE THE PARKING SPACE VARIANCE;
TO GRANT A NEW SETBACK VARIANCE TO PERMIT A 5
FOOT SETBACK AT THE INTERIOR SIDEYARD
ABUTTING A RESIDENTIALLY ZONED PROPERTY,
WHERE 15 FEET IS REQUIRED; TO MODIFY THE
LANDSCAPING VARIANCE FOR PROPERTY LOCATED
AT 18851 NE 29 AVENUE, AVENTURA; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the applicant, Stanley B. Price for Harbour Centre Associates, was
granted miscellaneous approvals by Resolution No. 98-88 passed and adopted by the
City Commission of the City of Aventura on November 17, 1998; and
WHEREAS, the applicant has requested a revision to the approved site plan,
which revision necessitates modification to the previous approvals granted in
Resolution No. 98-88 to permit the following:
1. A variance to permit a 5 foot setback at the interior sideyard abutting a
residentially zoned property, where 15 feet is required by Chapter 33 of the
Miami-Dade County Code; and
2. A variance to permit 29,164 square feet of landscaping where 61,171 square
feet of landscaping is required by Chapter 33 of the Miami-Dade County Code;
and
3.Deletion of the previously approved parking space variance.
Resolution No. 2000-
Page 2
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.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The applicant's request to delete the parking space variance as the
current Section 4 previously granted by Resolution No. 98-88:
'"~'~"~' ..... ~'"" 79~ "~'~'~ ........... ~'~"~' ~ ..... ~"" cf -~a-~ .,~.~.~.,,.
is hereby approved.
Section 2. The applicant's request to approve a variance from Chapter 33 of
the Miami-Dade County code which requires a fifteen (15) foot building setback where
the adjacent property is zoned for residential use, where a provision of a five (5) foot
setback is proposed is hereby approved.
(new) Section 4. Variance from Chapter 33 of the Miami-Dade County
Code which requires a 15-foot buildin.q setback where the adjacent
property is zoned for residential use and where provision for a five-foot
setback is proposed is hereby approved.
Resolution No. 2000-__
Page 3
Section 3. The applicant's request to modify current Section 7 previously
granted by Resolution No. 98-88:
Section 7. Variance from Chapter 33 of the Miami-Dade County Code which
requires 5-!,985 61,171 square feet of landscaping. (Provision of 27,128 29,164
square feet of landscaping is proposed.)
is hereby approved.
Sections 1, 2 and 3 to property legally described on Exhibit #1
aka
Harbour Centre
18851 NE 29 Avenue
Section 4. The City Manager is authorized to cause the issuance of permits in
accordance with the approvals and conditions herein provided and to indicate such
approvals and conditions upon the records of the City.
Section 5. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner ., 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 Ken Cohen
Commissioner Harry Holzberg
Commissioner Jeffrey M. Perlow
Commissioner Patricia Rogers-Libert
Vice Mayor Jay R. Beskin
Mayor Arthur I. Snyder
Resolution No. 2000-
Page 4
PASSED AND ADOPTED this 14th day of November, 2000.
ARTHURI. SNYDER, MAYOR
ATTEST:
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 November, 2000.
CITY CLERK
LEGAL DESCRIPTION:
ITl
Portion of the South 1/2 of Section 3, Township 52 South, Range 42 East, being more particularly described as follows:
Commence at the center of Section 3, Township 52 South, Range 42 East, thence North 89 degrees 50 minutes 55 seconds
West along the North line of the Southwest 1/4 of said Section 3, for 670.26 feet to the Northwest comer of the East
1/2 of the Northeast 1/4 of the Southwest 1/4 of Section 3; thence South O0 degrees 39 minutes 25 seconds East,
along the West line of the East 1/2 of the Northeast 1/4 of the Southwest 1/4- of said Section 3, for 1107.11 feet;
thence North 89 degrees 20 minutes 35 seconds East for 70.00 feet; thence North d
O0 agrees 39 minutes, 25 seconds
West along a line 70.00 feet Easterly of and parallel with the West llne of the East 1/2of the Northeast 1/4 of the
Southwest 1/4 of said Section 3 for 35,00 feet to the POINT OF BEGINNING of the following described parcel of land;
thence North 89 degrees 20 mlnu;es .%5 seconds East for 4-28.4.1 feet; thence North O0 degrees 39 minutes 25 seconds
West for 264.05 feet; thence North O0 degrees 03 .minutes 15 seconds East for 125.00 feet; thence North 89 degrees
56 minutes ¢5 seconds West for 450.00 feet; thence South O0 degrees 39 minutes 25 seconds East olon(j a line 70,00
feet Easterly of and parallel with the West line of the East 1/2 of the Northeast 1/4 of the Southwest I/4. of said
Section 3 for 594.38 feet to the POINT OF BEGINNING, oil lying and being in Dada County, F']orido,
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
TO:
FROM:
BY:
DATE:
SUBJECT:
City Commission . ~
Eric M. Soroka, City/Nlan.~g~¥
Brenda Kelley, Col~mu '~elopment Dire~?
November 3, 2000 I /
Request of Symphony Builders at Marina Cove, LLC for variance from
Section 703.4.3(g) of the City's Land Development Regulations to allow
one 15-foot building separation and one 16-foot building separation
where a minimum building separation of 30 feet is required. (01-VAR-01)
November 14, 2000 City Commission Meeting Agenda Item
It is recommended that the City Commission approve the request for a variance in that
it does meet the cdteria for granting of variances found in subsection 506.5 of the City's
Land Development Regulations.
THE REQUEST
The applicant, Symphony Builders at Marina Cove, LLC requests a variance from
Section 703.4.3(g) of the City's Land Development Regulations which requires a
minimum separation of 30 feet between adjacent multi-family residential buildings. It is
the intention of the applicants to construct the final two buildings of the Marina Cove
residential development, Buildings "J' and ~L". Building J contains seven dwelling units
and Building L contains nine dwelling units. The applicant proposes to construct these
buildings in substantial conformity with the original site plan for Marina Cove approved
by Miami-Dade County in 1985 and 1989 in order to maintain a unified, consistent
development. However, the applicant has modified their plans to incorporate the
improved parking and landscape standards contained in the City's Land Development
Regulations. (See Exhibit #1 for Letter of Intent, Exhibit #2 for Location Map, Exhibit
#4 for Aerial Photograph and Exhibit #5 for Building Layout Plan.)
BACKGROUNQ
OWNEROFPROPERTY
NAMEOFAPPUCANT
ADDRESSOF PROPERTY
S~E OFPROPERTY
LEGALDESC~PTION
LAND USE DATA
Zoning -
Subject Property:
Properties to the North:
Properties to the South:
Properties to the East:
Properties to the West:
RMF3
CNS
RMF3
RMF4
RMF3
Symphony Builders at Marina Cove, LLC
Symphony Builders at Marina Cove, LLC
Building J: 21395 Marina Cove Circle
Building L: 21396 Madna Cove Circle
3.42 acres
A portion of Tract J of WATERWAYS
SECTION 3 according to the Plat thereof as
recorded in Plat Book 125, Page 78 of the
public records of Dade County, Flodda. (This
is a partial description. For full legal
description see Exhibit #3).
Multi-Family Medium Density Residential
District
Conservation District (Canal)
Multi-Family Medium Density Residential
District
Multi-Family High Density Residential Distdct
Multi-Family Medium Density Residential
District
Existing Land Use -
Subject Property:
Properties to the North:
Properties to the South:
Properties to the East:
Properties to the West:
Multi-Family Residential
Canal
Multi-Family Residential
Multi-Family Residential
Multi-Family Residential
Future Land Use -
Subject Property:
Properties to the North:
Properties to the South:
Properties tO the East:
Properties to the West:
Medium Density Residential
Water
Medium Density Residential
Medium Density Residential
Medium Density Residential
The Site- Marina Cove of Harbor Village is a townhouse-style condominium
development of 96 units in 12 buildings. The first nine buildings (A through H and K)
were constructed in 1989 and 1990. The final three buildings (J, L and M) containing 25
2
units were not built. In 1995 a subsequent developer acquired the land and completed
Building M and partially completed Building J, Although these three buildings
technically were designated "Phase II1" in legal and construction documents, because
of the five year gap in development between the first nine buildings and Building M, the
last phase of the development became known to the landowners and existing residents
as "Phase 2." Construction of Building J was abandoned and the partially completed
structure was demolished by the City in July 1999.
The Project - The applicants acquired the land under the unbuilt buildings in October,
2000. It is the intention of the applicants to construct Buildings J and L in a manner
substantially conforming to the original site plan. Because of the lengthy approval and
covenant process that the various components of the original Waterways development
has undergone to date, significantly altering the location, form or size of Buildings J
and L would require modifying or replacing three sets of covenants for Marina Cove,
the Harbor Village residential development and the entire Waterways development
projects. In addition, it would require the restructuring of the homeowner assessments
in the undivided common land elements for all 96 units within Marina Cove. The officers
of the Marina Cove Homeowner's Association expressed the desire to have Buildings J
and L built in their originally intended form, but with modifications to improve parking
and landscaping for the new and adjacent existing buildings. The applicants have
complied with these requests. Because the earlier site plan was approved to Miami-
Dade County standards, the building separations between new Building L and Existing
Building M and between new Building J and existing Building K are less than required
by the City's Land Development Regulations. The separation between existing Building
K and proposed Building J is approximately 16 feet and the separation between
existing Building M and proposed Building L is approximately 15 feet. It is not possible
to meet the building separation requirements of the City's LDRs without substantially
altering the configuration of the two proposed buildings and/or losing units.
ANALYSIS
Consistency with Comprehensive Master Plan - The request is not inconsistent with
the City of Aventura Comprehensive Plan.
Citizen Comments- The Community Development Department has received no
written citizen comments concerning this application.
Community Development Department Analysis - The applicants are requesting a
variance from subsection 703.4.3(g) of the City's Land Development regulations to
allow one 15-foot building separation and one 16-foot building separation where a
minimum building separation of 30 feet is required in each instance.
Criteria
The guidelines for approval of variances as required by subsection 506.5 of the City's
Land Development Regulation states:
506.5 Standards of review. A variance shall be granted only where competent and
substantial evidence presented in the particular case shows that all of the
following are met:
The particular physical surroundings, shape, topographical condition, or other
physical or environmental condition of the specific property involved would
result in a particular hardship upon the owner, as distinguished from a mere
inconvenience, if the regulations were carried out literally.
The applicants have demonstrated a hardship unique to the physical site itself.
Significantly altering the location, form or size of the proposed building from that
originally planned would require modifying or replacing three sets of covenants for
Marina Cove, the Harbor Village residential development and the entire Waterways
development projects. It would also require the restructuring of the assessments for
undivided shares of common land for all 96 units within Marina Cove. The building
separations between new Building L and existing Building M and between new Building
J and existing Building K are less than required by the City's Land Development
Regulations, but are not incompatible with the existing configuration of the Marina Cove
development.
The conditions upon which the request for a vadance is based are unique to the
parcel and would not be generally applicable to other property within the
vicinity.
The conditions are unique to this site and its development history and are not
applicable to other locations.
(c) The alleged difficulty or hardship is not economic and has been deliberately
created to establish a use or structure which is not otherwise consistent with
the LDR.
The applicant's difficulty is not economic in nature and the difficulty was not
deliberately created by the applicant. Should the variance not be granted, the financial
burden would be borne primarily by existing residents of the 80 current dwelling units
that make up the Madna Cove Homeowner's Association. Each unit contributes fees
based on an assessment schedule to the homeowners association based on a
presumed 96 dwelling units and a reduction in the number of units would reduce the
association's income or increase each individual assessment correspondingly.
4
The granting of the variance will not be de.mental to the public welfare or
injurious to other property or improvements in the vicinily.
The variance will not be detrimental to the public welfare. The Marina Cove
development was designed and planned for a total of 96 units, the number that will be
in place if the applicant's pending site plan application is implemented.
The proposed variance will not substantially increase the congestion in the
public streets, or increase the danger of fire, or endanger the public safety, or
substantially diminish or impair property values within the vicinity.
The use will not substantially increase traffic congestion or increase the danger of fire
or endanger the public safety or substantially diminish or impair property values.
Although some traffic and parking impacts will occur, the applicants have addressed
these concerns by proposing a site plan that incorporates mere parking and
landscaping than required by the original site plan. The applicant is also providing
improvements for the entire Marina Cove development, including the installation of new
paver blocks in driveways and the installation of new lighting fixtures. These
improvements have been offered by the applicant independent of any City land use
approval.
It is recommended that the City Commission approve the request for a variance in that
it does meet the criteria for granting of variances found in subsection 506.5 of the City's
Land Development Regulations, subject to the following conditions:
CONDITIONS
1) Plans shall substantially comply with those plans submitted as follows;
· "Boundary Survey: Portion of Tract J The Waterways---Section 3," prepared by
Carnahan, Proctor, Cross, Inc. One page, numbered Sheet I of 1, dated
08~24~00.
· "Marina Cove Bay: Landscape Plan," prepared by Joseph B. Kaller and
Associates, Inc. and Sevel and Cummings, P.A. One page, numbered L-1 dated
03/01/96, dated as signed as sealed 08/08/00,
· "Marina Cove: Phase Il--Irrigation Plan," prepared by Joseph B. Kaller and
Associates, Inc. One page numbered L-2, undated.
· "Marina Cove: Phase II--Site Plan," prepared by Joseph B. Kaller and
Associates, Inc. One page numbered SP-1, dated as signed and sealed 10-17-
00.
5
"Marina Cove: Phase II---Site Details," prepared by Joseph B. Kaller and
Associates, Inc. One page numbered SP-2, dated as signed and sealed 10-17-
00.
"Marina Cove: Phase II--Building 'J' Floor Plan," prepared by Joseph B. Kaller
and Associates, Inc. One page numbered A-l, dated as signed and sealed 10-
17-00,
"Marina Cove: Phase IImBuilding 'L' Floor Plan," prepared by Joseph B. Kaller
and Associates, Inc. One page numbered A-2, dated as signed and sealed 10-
17-00.
"Marina Cove: Phase II--Building 'J' and 'L' Roof Plan," prepared by Joseph
Kaller and Associates, Inc. One page numbered A-3, dated as signed and
sealed 10-17-00.
"Marina Cove: Phase II--Building 'J' Elevations," prepared by Joseph B. Kaller
and Associates, Inc. One page numbered A-4, dated as signed and sealed 10-
17-00.
"Marina Cove: PhaSe II--Building 'L' Elevations," prepared by Joseph B. Kaller
and Associates, Inc. One page numbered A-5, dated as signed and sealed 10-
17-00.
"Marina Cove: Phase II--Preliminary Unit B-2 Layout," prepared by Joseph B.
Kaller and Associates, Inc. One page numbered A-6, dated as signed and
sealed 10-17-00.
"Marina Cove: Phase II--Preliminary Unit C Layout," prepared by Joseph B.
Kaller and Associates, Inc. One page numbered A-7, dated as signed and
sealed 10-17-00.
"Harbor View at Marina Cove Phase I1: Water Distribution System," prepared by
James L. Strung, Professional Land Surveyor. One page numbered Sheet 2 of 3,
dated 11/05/85.
"Harbor View at Marina Cove Phase I1: Sewage Collection System," prepared by
James L. Strung, Professional Land Surveyor. One page numbered Sheet 2 of 3,
dated 11/05/85.
2) Permits shall be obtained within twelve months of the date of the Resolution or the
approval granted shall be deemed null and void unless extended by a motion of the
City Commission.
6
?u.__mphony
ILDER~
October 27, 2000
City of Aventura
2999 NE 191't Street
Suite 500
Aventura, FL 33180
Atth: Brenda Kelly, (
Re: Letter of Intent
Dear Ms. Kelly,
I am hereby submitting
allow us to construct
The original approved
occupied.
The last 16 un/ts are pa~
approved before Aventuj
The Proposed buildings{
plan for Marina Cove an
This request is to mainta
approved buildings to be
In addition, all of the ex/
been subjected to Condo]
significantly impact not t
Owners of the Marina Co
total number of or/ginall)
Association by increasin3
Thank you for your attent
mmunity Development Director
qahna Cove
formal request for a variance for buildihg separation that will
final 16-towrthouse style condominium tm.its at Marina Cove.
.ns called for a total of 96 un/ts of which 80 ate built and
>f phase ltl of the Marina Cove Development, which were fully
~ became a city and before certain code Criteria was modified.
~.al'atio?s in our proposal are consistent ivith the ori~ina!
~ exastmg comSguratton of the rema~dder of the development.
~ the consistency of the community by allowing the originally
~uilt.
qn.g 80 units as well as the entire phase ili of Marina Cove have
umum ownership and failure to approvei this variance, will
tly the two new buildings, but also, all df the existing unit
e Condo Association. Any number of uait~ different than the
approved 96 u~ts, will affect the entire Eondominium
the monthly maintenance fees to all the ~xisting homeowners.
>n to thisraatter.
EXHIBIT #1
01-VAR-Oi
1)1~] N. Un{vers/lF Dr,
So/re 302
Cora{ Springs, FI. 3307J
95{-3~1-1499
Fsx:
~-sV~Uhonvb u}{d er{.n~t
Hospital
WAY
SITE
YACHT CLUB DR,
CIRCLE.
:LUB DR.
201TER,
192 ST.
Maule
Lake
Ci~j of Aventura
~overnment (
190 ST,
Little Williams
Maule Sohnd
Lake
33~60
D~oun~ing J
· /
LEGEND
"~;:¢ EXHIBIT #2]
"-L Oi-VAR-01
Roadways
City Boundary
ZIP Code Boundaw
Railroad
J
LEGAL DESCRIPTION:
A PORTION OF TRACT 'J' OF 'WATERWAYS - SECTION 3', ACCORDING TO THE PLAT
THEREOF AS RECORDED IN PLAT BOOK 125, PAGE 78 OF THE PUBLIC RECORDS OF DADE
COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS,
BEGIN AT THE NORTHWEST CORNER OF SAID TRACT 'J'; THENCE ON A PLAT BEARING OF
NORTH 88^14'11· EAST ALONG TNE NORTH BOUNDARY OF SAID TRACT 'J'; A DISTANCE OF
480.22 FEET TO AN INTERSECTION WITH TNE EASTERLY BOUNDARY OF SAID TRACT 'J'
THENCE SOUTH 01^37'29· EAST ALONG SAID EASTERLY BOUNDARY A DISTANCE OF 259.98
FEET; THENCE NORTH 63^47'58° WEST A DISTANCE OF 36.56 FEET; THENCE SOUTH
43^22'31' WEST A DISTANCE OF 45.71 FEET; THENCE SOUTH 88^14'11· WEST A
DISTANCE OF 228.44 FEET; THENCE SOUTH 01^45'49' EAST A DISTANCE OF 99.83
FEET; THENCE SOUTH 88^14'11· WEST A DISTANCE DF 183.40 FEET TO AN
INTERSECTION WITH THE WESTERLY BOUNDARY OF SAID TRACT 'J' AND A 223.00 FDDT
RADIUS NON-TANGENT CURVE CONCAVE TO THE EAST, A RADIAL LINE THROUGH SAID
POINT BEARS SOUTH 78^43'39· WEST; THENCE NORTHERLY ALONG SAID BOUNDARY AND
ALONG SAID CURVE THROUGH A CENTRAL ANGLE DF 09^30'32' AN ARC DISTANCE OF
3%01 FEET TO A POINT DF TANGENCY; THENCE NORTH 01^45'49· WEST ALONG SAID
WESTERLY BOUNDARY A DISTANCE OF 338.07 FEET TO THE POINT DF BEGINNING.
SAID LAND SITUATE, LYING AND BEING IN DADE COUNTY, FLORIDA AND CONTAINING
3,43 ACRES, MORE OR LESS,
EXHIBIT #3
01-VAR-01
EXHIBIT #4
01-VAR-01
Bldg. E
Bldg. F
EXHIBIT #5
SiTE PLAN
01-VAR-01
RESOLUTION NO. 2000-
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA GRANTING APPROVAL
OF A VARIANCE FROM SECTION 703.4.3(g) OF THE
CITY'S LAND DEVELOPMENT REGULATIONS TO
ALLOW ONE 15-FOOT BUILDING SEPARATION AND
ONE 16-FOOT BUILDING SEPARATION WHERE A
MINIMUM BUILDING SEPARATION OF 30 FEET IS
REQUIRED FOR PROPERTY LOCATED AT 21396 AND
21396 MARINA COVE CIRCLE; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the property described heroin is zoned RMF3, Multi-Family Medium-
Density Residential District; and
WHEREAS, the applicant Symphony Builders at Marina Cove, LLC, through
Application No. 01-VAR-01, is roquesting a variance from Section 703.4.3(g) of the
City's Land Development Regulations to allow one 15-foot building separation and one
16-foot building separation whero a minimum building separation of 30 feet is roquirod;
and
WHEREAS, following proper notice, the City Commission has held a public
hearing, as provided by law; and
WHEREAS, the City Commission finds that the Application meets the criteria of
the applicable codes and ordinances, to the extent the Application is granted herein.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Resolution No. 2000-__
Page 2
Section 1. Application for a variance from Section 703.4.3(g) of the
City's Land Development Regulations to allow a 15-foot building separation
between the existing Building M and the proposed Building L, and a 16-foot
building separation between the existing Building K and the proposed Building J
where a minimum building separation of 30 feet is required in each case, on
property legally described as shown on the attached Exhibit #1
aka
Marina Cove
Building J - 21395 Marina Cove Circle
Building L - 21396 Marina Cove Circle
is hereby approved subject to the following conditions:
1) Plans shall substantially comply with those plans submitted as follows:
· "Boundary Survey: Portion of Tract J The Waterways--Section 3," prepared by
Carnahan, Proctor, Cross, Inc. One page, numbered Sheet 1 of 1, dated 08/24/00.
· "Marina Cove Bay: Landscape Plan," prepared by Joseph B. Kaller and Associates,
Inc. and Sevel and Cummings, P.A. One page, numbered L-1 dated 03/01/96, dated
as signed as sealed 08/08/00.
· ~Marina Cove: Phase Il--Irrigation Plan," prepared by Joseph B. Kaller and
Associates, Inc. One page numbered L-2, undated.
· "Marina Cove: Phase II--Site Plan," prepared by Joseph B. Kaller and Associates,
Inc. One page numbered SP-1, dated as signed and sealed 10-17-00.
· "Marina Cove: Phase II--Site Details," prepared by Joseph B. Kaller and
Associates, Inc. One page numbered SP-2, dated as signed and sealed 10-17-00.
· ~Marina Cove: Phase II--Building 'J' Floor Plan," prepared by Joseph B. Kaller and
Associates, Inc. One page numbered A-l, dated as signed and sealed 10-17-00.
· "Marina Cove: Phase II--Building 'L' Floor Plan," prepared by Joseph B. Kaller and
Associates, Inc. One page numbered A-2, dated as signed and sealed 10-17-00.
· "Marina Cove: Phase II--Building 'J' and 'L' Roof Plan," prepared by Joseph B.
Kaller and Associates, Inc. One page numbered A-3, dated as signed and sealed
10-17-00.
· "Marina Cove: Phase II--Building 'J' Elevations," prepared by Joseph B. Kaller and
Associates, Inc. One page numbered A-4, dated as signed and sealed 10-17-00.
· "Marina Cove: Phase II--Building 'L' Elevations," prepared by Joseph B. Kaller and
Associates, Inc. One page numbered A-5, dated as signed and sealed 10-17-00.
Resolution No. 2000-
Page 3
· "Marina Cove: Phase II--Preliminary Unit B-2 Layout," prepared by Joseph B. Kaller
and Associates, Inc. One page numbered A-6, dated as signed and sealed 10-17-
00.
· "Marina Cove: Phase II--Preliminary Unit C Layout," prepared by Joseph B. Kaller
and Associates, Inc. One page numbered A-7, dated as signed and sealed 10-17-
00.
· "Harbor View at Marina Cove Phase I1: Water Distribution System," prepared by
James L. Strung, Professional Land Surveyor. One page numbered Sheet 2 of 3,
dated 11/05/85.
· "Harbor View at Marina Cove Phase Ih Sewage Collection System," prepared by
James L. Strung, Professional Land Surveyor. One page numbered Sheet 2 of 3,
dated 11/05/85.
2) Permits shall be obtained within twelve months of the date of the Resolution or the
approval granted shall be deemed null and void unless extended by a motion of the
City Commission.
Section 2. The City Manager is authorized to cause the issuance of permits in
accordance with the approvals and conditions herein provided and to indicate such
approvals and conditions upon the records of the City.
Section 3. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by 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 Ken Cohen
Commissioner Harry Holzberg
Commissioner Jeffrey M. Perlow
Commissioner Patricia Rogers-Libert
Vice Mayor Jay R. Beskin
Mayor Arthur I. Snyder
Resolution No. 2000-
Page 4
PASSED AND ADOPTED this 14th day of November, 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 __ day of November, 2000.
CITY CLERK
LEGAL DESCRIPTION
A PORTION OF TRACT 'J' OF '6/ATER~/AYS - SECTION 3', ACCORDING TO THE PLAT
THEREOF AS RECORDED IN PLAT BOOK 185, PAGE 78 OF THE PUBLIC RECORDS OF BADE
COUNTY, FLORIDA, BEING NORE PARTICULARLY DESCRIBED AS FDLLO~/S~
BEGIN AT THE NORTHNWEST CORNER OF SAID TRACT 'J'; THENCE ON A PLAT BEARING OF
NORTH 88^14'11' EAST ALONG TNE NORTH BOUNDARY OF SAID TRACT 'J'j A DISTANCE OF
4BO.RP FEET TO AN INTERSECTION ~/ITH TNE EASTERLY BOUNDARY OF SAID TRACT 'J~
THENCE SOUTH 01^37'89' EAST ALONG SAID EASTERLY BOUNDARY A DISTANCE OF 859.98
FEET; THENCE NORTH 63^47'58' ~/EST A DISTANCE OF 36.58 FEET; THENCE SOUTH
43^8P'31' ~/EST A DISTANCE OF 45.71 FEET; THENCE SOUTH 88^14'11' ~/EST A
DISTANCE OF P~8.44 FEETj THENCE SOUTH 01^45'49' EAST A DISTANCE OF 99.83
FEET; THENCE SOUTH 88^14'11, ~/EST A DISTANCE OF 183.40 FEET TO AN
INTERSECTION ~/ITH THE WESTERLY BOUNDARY OF SAID TRACT ~J~ AND A PP3.00 FOOT
RADIUS NON-TANGENT CURVE CONCAVE TO THE EAST, A RADIAL LINE THROUGH SAID
POINT BEARS SOUTH 78^43'39' WEST; THENCE NORTHERLY ALONG SAID BOUNDARY AND
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 09^30'32, AN ARC DISTANCE DF
37.01 FEET TO A POINT OF TANGENCY; THENCE NORTH 01^45'49, tWEST ALONG SAID
~/ESTERLY BOUNDARY A DISTANCE OF 338.07 FEET TO THE POINT OF BEGINNING.
SAID LAND SITUATE, LYING AND BEING IN BADE COUNTY, FLORIDA AND CONTAINING
3.43 ACRES, MORE OR LESS.
EXHIBIT #1
CiTY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
TO: City Commission ~
FROM: Eric M. Soroka, Ci~/~a
BY: Brenda Kelley, CohYmut~
DATE: November 6, 2000
SUBJECT:
~lopment Direc~
Report on Chabad House of North Dade
21001 Biscayne Boulevard
November t4, 2000 City Commission Meeting Agenda Item ,-~ ?
REPORT
The applicant appeared at the June 6, 2000 City Commission meeting to request an
extension of the permit to use a temporary trailer for worship services during construction of
the permanent facility. At that meeting, a motion was offered to grant a 6-month extension,
which extension would terminate on July 11, 2000 if the mortgage commitment and closing
date were not secured and provided to the City by July 11, 2000 and that the applicant would
appear before the Commission at the November, 2000 meeting to provide an update and
plans for removal of trailers by December 31, 2000 in the event construction was not
completed at that time. The motion to grant the 6-month extension with conditions passed 5-
2.
The mortgage commitment was provided by July 11, 2000. The applicant is now reporting as
to the status of plans for removal of the trailers by December 31, 2000. (See attached
Exhibit #1).
Staff does not believe that the construction will be complete be December 31, 2000 and
recommends that the 6-month extension not be renewed beyond the December 31, 2000
date.
As always, please feel free to contact me with any questions you may have.
/staff re~ 110600 treiler
LAW OFFICES
ROSENTHAL
ROSENTHAL
RASCO
A ~arme~st~i~
November 8, 2000
Mr. Eric Soroka
City Manager
CITY OF AVENTURA
2999 N. E. 191st Street
Suite 500
Aventura, Florida 33180
EDUARDO I. PASCO
ALAN S. ROSENTHAL
KERRY E. ROSENTHAL
STACl H. GENET
JESSICA B. LASSMAN
GARY IAN NESB1WF
OF COUNSEL
JEROME S. HOLLO
JORGE LUIS WOLF
Re: Chabad
Dear Eric:
I have been advised by the architect, contractor and my client that the following represents the
current status of their construction project.
Chabad has presently undertaken the completion of 210th Street, as well as their parking lot,
having entered into a contract for Two Hundred Forty Thousand ($240,000.00) Dollars with a
contractor to accomplish that aspect of the construction.
They are in the process of removing one of the trailers from the site and contemplate the
relocation of the other trailer to another location in order to facilitate the construction, the
parking lot, and 210a' Street.
The initial mortgage funding has been utilized to complete various aspects of the project,
however, Chabad has been unable to secure the balance of the funding by virtue of their inability
to meet some of the preconditions to the mortgage loan, and are accordingly working toward that
end in order to complete the interior of the building.
The completion of 210~' Street mhd the parking lot should be accomplished with;~n the next thirty
(30) days, by which time they hope to be able to satisfy the preconditions. Upon final funding
Chabad will complete the interior of the building, as well as the exterior, and accomplish the
necessary landscaping in order to secure their certificate of use and occupancy.
I trust that the foregoing will provide you with the current status of the project, however, if you
need any additional information please do not hesitate to contact me.
Cordially,
~lkn-nberry Plaza, Suite 500, 2875 Northeast 191st Street,Aventura, Florida 33180
305.937.0300 / Fax: 305.937.1311 / E-mail: lawofficcs@aol.com
MINUTES
Biscayne Medical Arts Center
CITY COMMISSION MEETING 21110 Biscayne Boulevard Suite 101
OCTOBER 3, 2000 6 PM Aventura, Florida 33180
1, CALL TO ORDER/ROLL CALL: The meeting was called to order at 6:15 p.m. by
Mayor Arthur I. Snyder. Present were Commissioners Arthur Berger, Jay R. Beskin,
Ken Cohen, Harry Holzberg, Vice Mayor Jeffrey M. Perlow, Mayor Snyder, City
Manager Eric M. Soroka, City Clerk Teresa M. Soroka and City Attorney Richard Jay
Weiss (arrived at 6:55 p.m.) Commissioner Patricia Rogers-Libert was absent due to
inclement weather conditions. As a quorum was determined to be present, the meeting
commenced.
2. PLEDGE OF ALLEGIANCE: Teri Holzberg led the pledge of allegiance.
(Items 4-8 taken out of order)
4. ELECTION OF VICE MAYOR: A motion to nominate Commissioner Beskin as Vice
Mayor for the next 6-month term was offered by Commissioner Cohen, seconded by
Vice Mayor Pedow and unanimously passed.
5. APPROVAL OF MINUTES: A motion to approve the minutes of the September 5,
2000 Budget Hearing, the September 5, 2000 Commission Meeting, the September
18, 2000 Workshop Meeting and the September 19, 2000 Budget Hearing was
offered by Vice Mayor Beskin, seconded by Commissioner Berger and unanimously
passed.
6. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: None.
7. SPECIAL PRESENTATIONS: None.
CONSENT AGENDA: Commissioner Cohen requested removal of items 8A and 8B,
Vice Mayor Beskin requested removal of items 8D, 8E and 8F and Commissioner
Perlow requested removal of item 8C, all from the Consent Agenda.
A. Mr. Soroka read the following resolution by title:
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.
A motion for approval was offered by Vice Mayor Beskin and seconded by
Commissioner Holzberg. An amendment was offered by Commissioner
Perlow, seconded by Commissioner Cohen and unanimously passed to
amend the agreement to provide that the City may terminate the
agreement upon 30-days written notice. The motion for approval, as
amended, passed unanimously, 6-0, and Resolution No. 2000-60 was
adopted.
Mr. Soroka 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 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.
A motion for approval was offered by Vice Mayor Beskin, seconded by
Commissioner Perlow, unanimously passed, 6-0, and Resolution No.
2000-61 was adopted.
Mr. Soroka read the following resolution by title:
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.
A motion for approval was offered by Commissioner Perlow and seconded
by Commissioner Holzberg. An amendment was offered by
Commissioner Perlow, seconded by Commissioner Holzberg and
unanimously passed to substitute the world "inequities" for the word
"failure" in the first Whereas clause. An amendment was offered by Vice
Mayor Beskin, seconded by Commissioner Perlow and passed 5-1, with
Commissioner Berger voting no, to delete in Section 2(2) the word
"insurance industry dominated" and in Section 2(4) the word "rather than
insurance industry representatives." The motion for approval, as
amended, passed 6-0, and Resolution No. 2000-62 was adopted.
2
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.
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.
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.
Items 8D, 8E and 8F were read by title by Mr. Soroka. Commissioner Perlow
noted that references to the Lessor in the Resolution should include "2000"
Island Boulevard. A motion to defer items 8D and 8E to a special meeting on
October 24, 2000 at 9 a.m. was offered by Commissioner Perlow and seconded
by Commissioner Berger. A motion not to defer item 8D was offered by Vice
Mayor Beskin, seconded by Commissioner Cohen and passed, 4-2, with
Commissioner Perlow and Mayor Snyder voting no. The motion to defer item 8E
was unanimously passed. A motion to approve item 8D was offered by Vice
Mayor Beskin, seconded by Commissioner Berger and passed, 4-2, with
Commissioner Perlow and Mayor Snyder voting no. A motion to approve item 8F
was offered by Commissioner Perlow, seconded by Commissioner Cohen and
passed, 6-0.
(Mr. Weiss arrived during discussion of items 8D, 8E and 8F.)
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:
3
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.
Brenda Kelley, Community Development Director, explained the request of the
applicant and entered the staff report into the record. Mayor Snyder opened the
public hearing. The following individual addressed the Commission: Ron Book,
Esq., 2999 NE 191st Street, representing the applicant. There being no further
speakers, the public hearing was closed. A motion was offered by
Commissioner Perlow and seconded by Commissioner Cohen to approve the
south elevation sign, conditioned upon the removal of the awning sign. The
motion passed, 4-2, with Commissioners Berger and Holzberg voting no. A
motion was offered by Commissioner Perlow and seconded by Commissioner
Cohen to approve the west elevation sign, conditioned upon the removal of the
word "Restaurant" and based upon the unique location of the subject property.
The motion passed 5-1, with Commissioner Berger voting no. Resolution No.
2000-63 was adopted as amended.
B. 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 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.
Ms. Kelley explained the request of the applicant and entered the staff report into
the record. A motion for approval was offered by Commissioner Cohen and
seconded by Commissioner Berger. Mayor Snyder opened the public hearing.
The following individuals addressed the Commission: Ben Fernandez, Esq., and
Jeffrey Bercow, Esq., Bercow & Radell, 200 S. Biscayne Boulevard, representing
the applicant. There being no further speakers, the public hearing was closed. A
motion for deferral was offered by Commissioner Perlow, seconded by
Commissioner Cohen and unanimously passed.
4
9. PUBLIC HEARING: ORDINANCES - FIRST READING: Mr. Weiss read the
following ordinance by title:
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
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.
A motion for approval was offered by Vice Mayor Beskin 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.
10.PUBLIC HEARING: ORDINANCES- SECOND READING: None.
11.RESOLUTIONS: Mr. Weiss read the following resolution by title:
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.
A motion for approval was offered by Vice Mayor Beskin, seconded by
Commissioner Cohen, unanimously passed and Resolution No. 2000-64 was
adopted.
12. OTHER BUSINESS:
LEAGUE/LEGISLATIVE UPDATE (Commissioner Rogers-Libert). (Not present)
5
13. PUBLIC COMMENTS: None.
14. REPORTS: As presented.
15. 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 8:30 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.
6
MIN UTES Aventura Government Center
CITY COMMISSION MEETING 2999 NE 191~ Street #500
TUESDAY, OCTOBER 24, 2000 9 AM Aventura~ Florida 33180
1. CALL TO ORDER: The meeting was called to order at 9:00 a.m. by Mayor Arthur I.
Snyder. Present were Commissioners Arthur Berger, Ken Cohen, Harry Holzberg,
Jeffrey M. Perlow, Patricia Rogers-Libert, Vice Mayor Jay R. Beskin, Mayor Snyder, City
Manager Eric M. Soroka, City Clerk Teresa M. Soroka, and City Attorney David M.
Wolpin. As a quorum was determined to be present, the meeting commenced.
2. RESOLUTION:
Mr. Wolpin read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATTACHED LEASE AGREEMENT WITH 2000 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.
A motion for approval was offered by Vice Mayor Beskin and seconded by
Commissioner Berger. The motion passed 6-1, with Commissioner Holzberg
voting no and Resolution No. 2000-65 was adopted.
Mr. Wolpin requested that an Executive Session be scheduled for Wednesday, October
25, 2000 at 4 p.m. to discuss pending litigation.
3. ADJOURNMENT: There being no further business to come before the Commission,
the meeting adjourned.
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 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.
MINUTES
Aventura Government Center
COMMISSION WORKSHOP MEETING 2999 NE 191'tStreet #500
OCTOBER 24, 2000 9 AM Aventura, Florida 33180
The meeting was called to order by Mayor Arthur Snyder at 9:15 a.m. following the 9
a.m. Special Meeting City Clerk Teresa M. Soroka called the roll. Present were
Commissioners Arthur Berger, Ken Cohen, Harry Holzberg, Jeffrey M. Perlow, Patricia
Rogers-Libert, Vice Mayor Jay R. Beskin, Mayor Snyder, City Manager Eric M Soroka,
City Clerk Teresa M. Soroka, and City Attorney David M. Wolpin. There being a
quorum present, the meeting commenced:
School - Charter School Report:. Mr. Soroka provided a Powerpoint
presentation regarding the feasibility of a Charter School in the City and
addressed concerns of the Commission. Further discussed was the School
Board's proposal to construct a primary learning center (PLC) near 31st Avenue.
City Manager's Summary: Commission approved City Manager's
recommendations regarding charter school. Consensus of Commission to
request deferral on PLC decision from School Board. Proceed with negotiations
for purchase of property from Gulfstream as a potential school site and bring
back agreement including zoning requirements for the adjacent site.
Subsequent thereto, schedule a Town Hall meeting with Commission, School
Board and residents to discuss the issue of a school in the City, including the
PLC.
Teen Council: (Commissioner Berger) Commissioner Berger suggested the
formation of a Teen Council, whereby resident teenagers would be a voice to
local government. Also present were students from Krop High School and the
New World School of the Arts and their teachers to further explain the process.
City Manager's Summary: Consensus of Commission to wholeheartedly
support such a project for the City.
Visioning Session Update: Mr. Soroka provided an update on items stemming
from the Visioning Session including status of purchase from Gulfstream,
appraisal on Tempest property anticipated next week; hiring of architect for
cultural center.
City Manager's Summary: No action taken.
Charter Review: Mr. Soroka reviewed the appointment of the charter review
commission as set forth in the City Charter. After detailed discussion, consensus
to appoint Burton Young from the previous Charter Commission, Leonard
Brenner as one of the electors and that each Commissioner submit one name to
the City Manager to be interviewed at a Workshop Meeting on November 1,
2000 at 4 p.m. Commissioner appointment to be made at that time.
City Manager's Summary: Consensus of Commission to appoint Burton
Young and Leonard Brenner and discuss Commissioner and 2 elector
appointments at a Workshop Meeting on November 1, 2000 at 4 p.m.
Real Estate Window Signs: At the request of the Commission, Brenda Kelley,
Community Development Director, provided further information on window
signage in other municipalities and addressed Commission's concerns.
City Manager's Summary: No action taken.
199th Street Crossing: George Berlin, Turnberry & Associates, consultants Lisa
Berkson and Fred Schwartz, updated the Commission on meetings with the FEC
railway and requested Commission's support of the closure of the 179th
Street/Biscayne Blvd. crossing in order to maintain the crossing at 199th Street.
City Manager's Summary: Consultants to provide City with further information
regarding impact of 179tn Street crossing closure. Consensus to discuss at
November 14, 2000 meeting.
7. Lehman Causeway Safety Study: Deferred to November Workshop.
8. Formosan Termites: (City Attorney Report): Deferred to November Workshop.
Campaign Financing: (Vice Mayor Beskin) Vice Mayor Beskin discussed the
Statement of Fair Campaign Practices and requested that this be discussed
further at a future meeting. Municipal regulation of campaign financing was also
briefly discussed by Vice Mayor Beskin with the suggestion that the matter be
considered at the November workshop meeting.
City Manager's Summary: To be discussed further at a future meeting.
10.
Campai(~n Si(ms: (Commissioner Cohen) Commissioner Cohen discussed the
City's campaign sign regulations.
City Manager's Summary: No action taken.
HR 5625 Full & Fair Disclosure Act: (Commissioner Rogers-Libert) Deferred
to November Workshop meeting.
12.
Board Reports: Janet Laine, Chair of Recreation and Cultural Arts Advisory
Board, updated the Commission on the Board's recent meetings.
There being no further business to come before the Commission, the meeting
adjourned at 1:20.
The meeting was reconvened at 1:25 p.m. to select the Commissioner appointment to
the Charter Review commission. Commissioner Holzberg was appointed to this
commission by a 4-3 vote of the Commission with Commissioners Berger, Rogers-
2
Libert and Vice Mayor Beskin voting for Commissioner Berger and Commissioners
Cohen, Holzberg, Perlow and Mayor Snyder voting in favor of Commissioner Holzberg.
The meeting adjourned at 1:35 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 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 inclpdes the testimony and evidence upon which the appeal is to be
based.
3
MINUTES Aventura Government Center
COMMISSION WORKSHOP MEETING 2999 NE 191s' Street #500
NOVEMBER 8, 2000 4 PM Aventura, Florida 33180
1. The meeting was called to order by Mayor Arthur Snyder at 4:00 p.m. City Clerk
Teresa M. Soroka called the roll. Present were Commissioners Arthur Berger, Ken
Cohen, Harry Holzberg, Jeffrey M. Pedow, Patricia Rogers-Libert (arrived at 4:15 p.m.),
Vice Mayor Jay R. Beskin, Mayor Snyder, City Manager Eric M. Soroka, City Clerk
Teresa M. Soroka, and City Attorney David M. Wolpin. There being a quorum present,
the meeting commenced.
2. Lisa Berkson, consultant for Turnberry & Associates, requested Commission's
approval of an application for funding from the Transportation Outreach Program
relative to the 199th Street railway crossing. After discussion, consensus to support
application, conditioned upon the Commission's review of the traffic study and FEC
Agreement to be furnished to Commission no later than November 15, 2000. Final
Commission approval to be in form of Resolution to be considered at a special meeting
on November 28, 2000.
3. Mayor requested Commission consensus on participating in City of North Miami
Thanksgiving Day parade via City float. Consensus not to participate.
4. Charter Revision Commission Appointments: Interviews/Selections: The
following individuals were interviewed by the City Commission for possible appointment
to the Charter Revision Commission: Michael Abrams, Margaret Boro, Ginger
Grossman, Luis Ress. (Philip Sturtz nominated previously but not present). Michael
Abrams and Ginger Grossman were appointed by the City Commission to the Charter
Revision Commission.
The meeting adjourned at 5:15 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 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.
TO:
FROM:
DATE:
SUBJECT:
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
City Commission % ~.
Eric M. Soroka, Ci~M~f'~ ~
November 3, 2000' ~
Resolution Authorizing Execution of NPDES Interlocal Agreement
November 14, 2000 City Commission Meeting Agenda Item
RECOMMENDATION
It is recommended that the City Commission approve the attached Resolution in
accordance with the attached staff report, to execute the Interlocal Agreement between
co-permittees named in the National Pollutant Discharge Elimination System (NPDES)
Permit No. FL5000003.
If you have any questions, please feel free to contact me.
EMS/aca
Attachment
CC0930-00
CITY OF AVENTURA
TO:
FROM:
DATE:
SUBJECT:
COMMUNITY SERVICES DEPARTMENT
MEMORANDUM
Eric M. Soroka, City~a~er
Robert M Sherman,'~'~'lDire~of Community Servic~e~j.,~
October 19, 2000
Attached Interlocal Agreement between Co-Pennittees in NPDES
Permit No. FLS000003
Recommendation:
The City Manager sign the attached Interlocal Agreement that provides for control of
Pollutant discharges between separate municipal storm sewer systems.
Background:
This agreement is between all the co-permittees in the NPDES permit who agree to the
following items:
Each co-permittee shall be responsible for the control, investigation and
remedial activities relating to discharges to pollutants from within their respective
boundaries.
Each co-permittee agrees to cooperate should their stormwater system pollute,
contaminate or impact another permittee's stormwater system. Furthermore,
each permittee agrees to cooperate by providing staff and equipment necessary
to identify the source of pollutant discharges from one co-permittee to another.
3. Each permittee agrees to notify co-permittee's if pollutant impacts.
When an investigation specifically identifies an NPDES co-permittee as the
source of a pollutant discharge, that co-permittee shall be responsible for
ceasing the discharge and remediating the effects of the discharge.
The City Attorney has already reviewed this agreement. If you have any questions,
please feel free to contact me for further information.
RMS/gf
Attachment
RMS00102
RESOLUTION NO. 2000-__
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY
MANAGER TO EXECUTE THE ATTACHED INTERLOCAL
AGREEMENT BY AND BETWEEN CO-PERMITTEES IN
NPDES PERMIT NO. FLS000003 PROVIDING FOR
CONTROL OF POLLUTANT DISCHARGES BETWEEN
SEPARATE MUNICIPAL STORM SEWER SYSTEMS;
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
Interlocal Agreement between Co-Permittees in NPDES Permit No. FLS000003
providing for control of pollutant discharges between separate municipal storm sewer
systems.
Section 2. The City Manager is hereby authorized to do all things necessary to
carry out the aims of this Resolution.
Section 3. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner ,
who moved its adoption. The motion was seconded by Commissioner
, and upon being put to a vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner Ken Cohen
Commissioner Harry Holzberg
Commissioner Jeffrey M. Perlow
Commissioner Patricia Rogers-Libert
Vice Mayor Jay R. Beskin
Mayor Arthur I. Snyder
Resolution No. 2000-
Page 2
PASSED AND ADOPTED this 14th day of November, 2000.
ARTHURI. SNYDER, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
INTERLOCAL AGREEMENT BETWEEN
CO-PERMITTEES NAMED IN NATIONAL
POLLUTANT DISCHARGE ELIMINATION
SYSTEM PERMIT NO. FLS000003;
PROVIDING FOR CONTROL OF
POLLUTANT DISCHARGES BETWEEN
MUNICIPAL SEPARATE STORM SEWER
SYSTEMS
This Interlocal Agreement ("Agreement") is made and entered into this day of
November, 2000, by and between all co-permittees named in Permit No. FLS000003,
Authorization to Discharge under the National Pollutant Discharge System, to provide for
control of discharges fi.om any and all municipal separate storm sewer systems that may
be shared by any of the parties to this Agreement, as required by the Environmental
Protection Agency [hereinafter referred to as the "EPA"] National Pollutant Discharge
Elimination System [hereinafter referred to as "NPDES"] Permit Application Regulations
for Storm Water Discharges Final Rule [hereinafler referred to as "NPDES Final Rule"].
Section I
Definitions
For purposes of this Agreement, the following terms shall apply:
AGREEMENT shall mean this document, including any written amendments thereto,
and other written documents or parts thereof which are expressly incorporated herein by
reference.
CITY or CITIES shall mean the followiag municipalities named in NPDES Permit No.
FLS000003 as Co-Permittees: Town of Bay Harbor Islands, Bal Harbour Village, City of
Coral Gables, Indian Creek Village, City of North Bay Village, City-of Miami Beach,
City of North Miami Beach, Miami Shores Village, City of North Miami, Town of
Golden Beach, Village of E1 Portal, City of Aventura, City of Sunny Isles Beach, Town
of Surfside, City of West Miami, City of South Miami, City of Homestead, City of Opa-
Locka, Village of Pinecrest, Town of Medley, City of Miami Springs, Village of Key
Biscayne, and the City of Hialeah Gardens.
COUNTY shall mean Miami-Dade County
FDOT DISTRICT shall mean the Florida Department of Transportation, District VI.
FDOT TURNPIKE shall mean the Florida Department of Transportation, Turnpike
District.
FORCE MAJEURE shall mean an act of God, epidemic, lightning, earthquake, fire,
explosion, hurricane, flood or similar occurrence, strike, an act of a public enemy, or
blockade, insurrection, riot, general arrest or restraint of government and people, civil
disturbance or similar occurrence, which has had or may reasonably be expected to have
a material adverse effect on the rights or obligations under this Agreement.
MS4 shall mean municipal separate storm sewer system, as set forth in 40C.F.R. 122.26.
In all other instances, terms used in this Agreement shall have the definitions contained in
the EPA NPDES Final Rule 40 CFR Parts 122, 123 and 124 (Attachment"A"), as may be
mended fi.om time to time and incorporated herein by reference.
Section II
Term of Agreement
The term of this Agreement shall commence upon the date of execution by the COUNTY
and shall remain in effect until November 16, 2005. This agreement may be extended for
multiple five(5) year terms, up to a maximum of twenty-five(25) years, upon adoption of
the co-permittees of a resolution approving said extension and by approval by FDOT
DISTRICT and FDOT TURNPIKE.
Section III
Purpose
40 CFR 122.26(d)(2)(i)(D) requires control of pollutants through interlocal agreements,
making each NPDES co-permittee responsible for discharges from their municipal
separate storm sewer system to the municipal separate storm sewer system of another
NPDES co-permittee or to the waters of the United States. This Agreement sets forth the
agreement of the CITIES, FDOT DISTRICT and FDOT TURNPIKE, and the
COUNTY with respect to shared responsibilities in the identification and control of
discharges fi.om one municipal separate storm sewer system to another.
Section IV
General Responsibilities
Responsibility for Discharges The CITIES, COUNTY, FDOT DISTRICT and
FDOT TURNPIKE, as co-permittees on the NPDES MS4 Permit, shall each be
responsible for the control, investigation of and remedial activities relating to discharges
of pollutants fi.om within their respective boundaries to the municipal separate storm
sewer system of another NPDES MS4 co-permittee, pursuant to the requirements of
40CFR 122.26(d)(2)(i)(D).
Identification of Discharges Both the co-permittee whose stormwater system generates
a pollutant discharge that impacts another co-permitee's system and the impacted co-
permittee agree to cooperate by providing the staff and equipment necessary to identify
the source of pollutant discharges emanating from the separate storm sewer system of one
eo-permittee to the separate storra sewer system of another co-permittee.
Notification When pollutant discharges to a shared separate storm sewer system are
discovered, the CITIES, FDOT DISTRICT, FDOT TURNPIKE or COUNTY~ or any
or all of the aforesaid, as applicable, which are the source of the discharge(s) agree to
report said discharges to the other affected parties sharing the particular MS4. The
2
COUNTY shall assist, as needed, in any investigation and identification of a source of
the discharge. If the COUNTY discovers a discharge in the separate storm sewer system
of a CITY, FDOT DISTRICT, FDOT TURNPIKE or the COUNTY, the COUNTY
will investigate the source of the discharge and report its findings to the affected NPDES
co-permittees. When an investigation specifically identifies an NPDES co-permittee as
the source of a pollutant discharge, that co-permittee shall be responsible for ceasing the
discharge and remediating the effects of the discharge by restoring the affected MS4 in
accordance with applicable standards.
Dispute Resolution when the parties sharing a MS4 cannot agree on the soume of a
discharge to their shared MS4, the State of Florida Department of Environmental
Protection, Stormwater Management Division, shall be the final arbiter in determining
jurisdiction and responsibility for cessation of discharge, remediation, and final
resolution.
Headings Captions and headings in this Agreement are for ease of reference only and do
not constitute a part of this Agreement and shall not affect the meaning or interpretation
o£any provisions herein.
Severability The invalidity of one or more of the phrases, sentences, clauses, or sections
contained in this Agreement shall not affect the validity of the remaining portion of this
Agreement, provided the material purposes of this Agreement can be determined and
effectuated.
Waiver There shall be no waiver of any right related to this Agreement unless in
writing, signed by the party waiving such right. No delay or failure to exercise a right
under this Agreement shall impair such right or shall be construed to be a waiver thereof.
Any waiver shall be limited to the particular right so waived and shall not be deemed a
waiver of the same right at a later time, or of any other right under this Agreement.
Notices and Approval Notices, approvals, and correspondence required or contemplated
by this Agreement shall be written and personally served or mailed, registered or
Certified United States mail, with return receipt requested,~ address~l-to the parties as
follows:
To County:
Miami-Dade County Department of
Environmental Resources Management
33 SW 2nd Avenue, Suite 1200
Miami, FL 33130
Attn: Department Director
305/372-6789
3
To City,:
FDOT Turnpike,
FDOT District
Performance by Parties Except as otherwise provided in this Agreement, in the event
of any dispute arising over the provisions of this Agreement, the parties shall proceed
with the timely performance of their obligations during the pendency of any legal or other
similar proceedings to resolve such dispute.
Rights of Others Nothing in the Agreement expressed or implied is intended to confer
upon any person other than the parties hereto any rights or remedies under or by reason of
this Agreement.
Time is of Essence It is mutually agreed that time is of the essence in the performance
of all terms and conditions to be met and performed pursuant to this Agreement.
Governing Law This Agreement shall be governed by and construed in accordance with
the laws of the State of Florida. The COUNTY, CITIES, FDOT DISTRICT and
FDOT TURNPIKE agree to submit to service of process and jurisdiction of the State of
Florida for any controversy or claim arising out of or relating to this Agreement or a
breach of this Agreement. Venue for any court action between the parties for any such
controversy arising fi.om or related to this Agreement shall be in the Eleventh Judicial
Cimuit in and for Miami-Dade County, Florida, or in the United States District Court for
the Southern District of Florida, in Miami-Dade County, Florida.
Section V
Indemnification
The COUNTY, CITIES, FDOT DISTRICT and FDOT TURNPIKE do hereby agree
to indemnify and hold harmless each other to the extent and within the limitations of
Section 768.28 Fla Stat., subject to the provisions of that Statute whereby the COUNTY,
CITIES, FDOT DISTRICT or FDOT TURNPIKE shall not be held liable to pay a
personal injury or property damage claim or judgment by any one person which exceeds
the sum of $100,000, or any claim or judgments or portions thereof, which, when totaled
with all other occurrence, exceeds the sum of $200,000 from any and all personal injury
or property damage claims, liabilities, losses a~~' causes of action which may arise solely
as a result of the negligence of the COUNTY, CITIES, FDOT DISTRICT or FDOT
TURNPIKE. However, nothing herein shall be deemed to indemnify the entity from any
liability or claim arising out of the negligent performance or failure of performance of the
entity or any unrelated third part~
4
1N WITNESS WHEREOF, Miami-Dade County, Florida, has caused this
Agreement to be executed in its name by the County Manager or his designee, attested by
the Clerk of the Board of County Commissioners and has caused the seal of the Board of
County Commissioners to he hereto attached; and the City of Aventura, Florida has
caused this Agreement to be executed in its name by the City Manager, attested by the
City Clerk and has caused the seal of the City of Aventura to be hereto attached, all on
the day and year first written above.
Clerk of the Board
MIAMI-DADE COUNTY,
FLORIDA, BY ITS BOARD OF
COUNTY COMMISSIONERS Attest:
By: By:
Clerk of the Board
Clerk of the
County Manager
City of Aventura, FLORIDA
Attest:
By:
Teresa M. Soroka, CMC, City Clerk
By:
Eric M. Soroka, City Manager
Date: Date:
TO:
FROM:
DATE:
SUBJECT:
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
City Commission
Eric M. Soroka, (~t~rC~ge~
November 6, 2000 ~...~ \
Resolution Declaring Equipment Surplus
November 14, 2000 City Commission Meeting Agenda Item 'lc-,
RECOMMENDATION
It is recommended that the City Commission adopt the attached Resolution declaring
certain property in the Police Department as surplus to the needs of the City.
If you have any questions, please feel free to contact me.
EMS/aca
Attachment
CC0896-00
CITY OF AVENTURA
POLICE DEPARTMENT
INTER OFFICE MEMORANDUM
TO: Eric M. Soroka, Ci~a~r
FROM: Tom ~
DATE: 31 October 2000
SUBJECT: Surplus Property
I would like to have the below listed item declared Surplus Property as per City
of Aventura APDP, Chapter 6, Subsection 5, Page. This item gives the officers
of the Police Department the ability to receive and transmit from within the
building on their handheld police radios. Without this device transmissions and
reception are sporadic, garbled or not heard at all without this device.
This item is currently being used in our present location, however, upon moving
to the new City Government facility, it will be insufficient to cover the amount of
square footage (approximately five times greater) of the entire first floor and the
Communications area on the third floor.
I would like to dispose of this item by using it as a credit toward the purchase of
an upgraded bi-amp system, which will serve our needs in the new facility. The
vendor, Communications International, Inc. that we originally purchased this
current system from, has agreed to take back this unit and give us a full credit of
the original purchase price of $3,892.40 toward the upgraded system. The
upgraded system will then cost us $20,000.00 which has already been approved
for expenditure from the State Forfeiture account toward a new bi-amp.
Attached are copies of paperwork for the current unit.
RESOLUTION NO. 2000-__
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA DECLARING CERTAIN
PROPERTY LISTED UNDER THE ASSETS OF THE CITY
AS SURPLUS TO THE NEEDS OF THE CITY;
DESCRIBING THE MANNER OF DISPOSAL;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Manager desires to declare certain property as surplus to
the needs of the City; and
WHEREAS, Ordinance No. 2000-09 provides that all City-owned property that
has been declared surplus cannot be disposed of prior to the preparation and formal
approval of a resolution by the City Commission.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Recitals Adopted. The above recitals are hereby confirmed and
Section 1.
adopted herein.
Section 2.
The property listed on Exhibit "A" has been declared surplus and is
hereby approved for disposal.
Section 3. The City Manager is authorized to dispose of the property listed o
Exhibit "A" through a public auction, sale or trade-in.
Section 4. The City Manager is hereby authorized to do all things necessary to
carry out the aims of this Resolution.
Resolution No. 2000-
Page 2
Section 5. This Resolution shall become effective immediately upon its
adoption.
who
The foregoing Resolution was offered by Commissioner
moved its adoption. The motion was seconded by Commissioner
, and upon being put to a vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner Ken Cohen
Commissioner Harry Holzberg
Commissioner Jeffrey M. Perlow
Commissioner Patricia Rogers-Libert
Vice Mayor Jay R. Beskin
Mayor Arthur I. Snyder
PASSED AND ADOPTED this 14th day of November, 2000.
ATTEST:
ARTHURI. SNYDER, MAYOR
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
Veto Beach, FL 32967
(561)569-5355 Fax (561) 567-?..292
I Numbar: JS9~001~ 1
Date:
I STOId Aventura Police Department
e Accounts Payable
2960 Aventura Blvd
Aventura, FL 33180
Attn: Commander [)eldm Fogelgren
Item No, DeecrlpflonlComments Quantity I U/M Unit Price Amount
SAPD EDACS Extender 1.o000( EACH 995.0~ 995.00
LTED Labor 1.00000 EACH t,250.0C 1.250.00
$APD Poiyphaser 800MHZ 1,00000 EACH 65.0~ 65.00
SAPD End Connectors 8.00000 EACH 37.0C 296.00
Remit Commuaicat[o~.s Iht'l, htc. SubtOtal befere ta~s 3,892.40
Veto Bea~, I:L 32967 Payment t~ClivId 0.00
Please include customer & invoice # with payment. Amouflt au~ 3.892.40
0~ '31 O0 10:11a p. 1
City of A ventura
Purchasing Division
2999 NE 191st Street, Suite 500
Aventura, FL 33180
(305)466-8925 1 (305)466-8939 Fax
Purchase
.0.
COMMUNICATIONS INT'L INC.
4450 US HIGHWAY ONE
VERO BEACH, FL 32967
SHIP TO:
CITY OF AVESVfURA
POLICE DEPARTMENT
2960 AVENTURA BLVD
AVENTURA, FL 33180
DELIVER BY: SHIP VIA:
10/01/99
TER~S
NET/30
CONFIRM BY
SUZANNE RUNGE
coN i TO
GLENN MARCOS
REQUISITIONED BY
PHIL HERSHEY
FREIGHT
LINE#
1
2
4
5
6
7
8
9
10
11
12
13
CONTRACT NO. REQ.
QUANTITUOM ITS'~ NO. AD DESCRIPTION
1 . OEA EDACS EXTENDER
VENDOR ITEM NO.- SAPD
1 . 0EA CORNER REFLECTOR
VENDOR ITEM NO.- SAPD
3.0EA 1/4 WAVE ANTENNAS
VENDOR ITEM NO.. SAPD
200. coax
1.ONA LABOR
~ESrDOR !TFM NO~- LTED
1.0EA POLYPHASER 800MHZ
VENDOR ITEM NO.- SAPD
2 . 0EA T,SPLITTER
VENDOR ITEM NO.- SAPD
8.0EA END CONNECTORS ~
1.0EA HOUSE BRACKET
1,0EA 3' POLE
VENDOR ITEM NO.- SAPD
1.0EA WALL FEED THRU KIT
2.0EA ANTENNA JUMPERS
1.0EA MISC. HARDWARE/EQUIP,
VENDOR ITEM NO.- SAPD
NO. REQ. DATE
1503 09717/99
EXTENDED
UNIT COST COST
995.0000 995.00
129.9500 129.95
48.1500 ]44.45
3.2000 640.00
1250~0000 1250.00
65.0000 65.00
59.0000 118.00
' 37.0000 296.00
50.0000 50.00
18.0000 18.00
36.0000 36.00
12.5000 25.00
125.0000 125.00
TOTAL 3892.40
REMARKS:
The above Purchase Order number must appear on all Invoices,
Bills of Lading, and Acknowledgments relating to the PO.
Florida Sales Tax Exemption No:
23-00-544070-54C
Approved By: Eric M. S nager
~ Oct 31 O0 10: 11a
of A ventura
aasing Division
.,99 NE 191~ Street, Suite 500
Aventura, FL 33180
(305)466-8925 / (305)466-8939 Fax
COMMUNICATIONS INT'L INC.
4450 US ~IGHWAY ONE
VERO BEACH, FL 32967
Purchase
.o.
* CONTINUED
SHIP TO: * ...........
CITY OF AVENTURA
POLICE DEPARTMENT
2960 AVENTURA BLVD
AVENTURA, EL 33180
DELIVER BY: SHIP VIA:
]0/01/99
ACCOUNT NO.
610-2001-521.64-10
CONFIRM TO
GLENN MARCOS
REQ. NO.
1503
CONFIRM BY
SUZAN-NE RUNGE
FREIGHT
CONTRACT NO.
LINE# QUANTITUOM ITEM NO. AND DESCRIPTION
DEIDRE FOGELGREN THIS PURCHASE
IS A SOLE SOURCE FOR
COMPATIBILITY REASONS.
PROJECT TERMS
NET/30
REQUISITIONED BY
PHIL HERSHEY
REO. DATE
09717/99
UNIT COST
EXTENDED
COST
The above Purchase Order number must appear on all Invoices.
Bills of Lading. and Acknowledgments relating to the PO.
Florida Sales Tax Exemption No:
23-00-544070-~54C
Approved By: Eric M. Soroka. City Manager
CITY OF AVENTURA
CITY MANAGER'S OFFICE
MEMORANDUM
TO:
FROM:
BY:
DATE:
SUBJECT:
City Commission .~an~r
Eric M. Soroka, Cil
Antonio F. Tomei, Capital Projects Manager
November 3, 2000
Recommendation - Work Authorization No. 15414.72
Professional Design Services for NE 30~ Avenue Storm Water and
Roadway Improvements
November 14, 2000 City Commission Meeting Agenda Item
Recommendation
It is recommended that the City Commission adopt the attached Resolution awarding
Work Authorization No.15414.72 to Keith & Schnars, P.A. for Professional Design
Services for storm drainage and roadway improvements to NE 30~ Avenue. This project
is included in the Capital Improvements Program for the 2000/01 fiscal year.
Background
The project is to be designed in accordance with the City's Capital Improvement
Program approved by the City Commission. The cost includes services pertaining to
civil design, permitting, bidding, survey and construction inspection. The work area for
the project will be on NE 30~ Avenue between NE 207t' Street and NE 203r~ Street.
The drainage portion of this project will become part of the North Aventura Storm Water
Collector system. The proposed budget is $710,000.00.
If you have any questions or need any additional information, please feel free to
contact me.
RESOLUTION NO. 2000-__
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY
MANAGER TO EXECUTE THE ATTACHED WORK
AUTHORIZATION NO. 15414.72 FOR PROFESSIONAL
DESIGN SERVICES FOR THE NE 30TM AVENUE STORM
WATER AND ROADWAY IMPROVEMENTS PROJECT BY
AND BETWEEN THE CITY OF AVENTURA AND KEITH
AND SCHNARS, P.A.; 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
Work Authorization No. 15414.72 ($103,740.00) for professional design services by and
between the City and Keith and Schnars, P.A.
Section 2. The City Manager is authorized to do all things necessary to carry
out the aims of this Resolution.
Section3. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by 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 Ken Cohen
Commissioner Harry Holzberg
Commissioner Jeffrey M. Perlow
Commissioner Patricia Rogers-Libert
Vice Mayor Jay R. Beskin
Mayor Arthur I. Snyder
Resolution No.
Page 2
PASSED AND ADOPTED this 14th day of November, 2000
ARTHURI. SNYDER, MAYOR
ATTEST:
TERESA MSOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
KEITH and SCHNARS, P.A.
WORK AUTHORIZATION NO. 15414.72
The City of Aventura has requested Work Authorization No. 15414.72, as provided for in
the agreement between the City of Aventura and Keith and Schnars, P.A. and approved
by the City Commission on August 20, 1996.
This Work Authorization No. 15414.72 provides for technical services in accordance with
Articles 3 and 4 of the agreement as further detailed in the scope of services in Exhibit A.
Payment for such services shall be in accordance with Article 5 of the agreement.
Design Phase
Civil Design Services
Permitting Phase
Horizontal Control Plan
Total Design Phase
$35,425.00
5,985.00
1,980.00
$43,390.00
Biddinq Phase
Civil Bidding Services
Total Bidding Phase
$4,195.00
$4,195.00
Construction Phase
Civil Construction Services
Total Construction Phase
$25,100.00
$25,100.00
Project Management
$5,525.00
Reimbursable Expenses
Design Survey
Geotechnical Services
Subsurface Utility Location Services
Prints & Graphics
Total Reimbursable Expenses
$8,980.00
$4,200.00
$9,350.OO
$3,OOO.OO
$25,530.00
Total Estimated Labor Expenses are $78,210.00
Total Reimbursables Expenses are $25,530.00
The time period for this work authorization will be:
Preliminary Design Phase
Final Construction Plans
Permitting Phase
Construction Phase
30 Days
60 Days
120 Days
180 Days
6500 North Andrews Avenue · Ft. Lauderdale, Florida 33309-2132
(954) 776-1616 · (800) 488-1255 · Fax (954) 771-7690
ATTEST
BY
City Clerk
Teresa M. Soroka, CMC, AAE
APPROVED AS TO FORM
BY
City Attorney
Weiss Serota & Helfman, P.A.
CITY:
CITY OF AVENTURA, FLORIDA
through its City Manager
BY
City Manager
Eric M. Soroka
__ day of ,2000
Notice to Proceed Yes No
Project Initiation Date
RECOMMENDED through its
Director of Community Service)
Capital Project Manager
Antonio F. Tomei
day of ~ ,"'~. ,2000
Exhibit A
Work Authorization No. '15414.72
Preparation of Final Construction Documents for
Roadway Improvements
N.E. 30th Avenue
Scope of Consulting Services
between
The City of Aventura, Florida
and
Keith and Schnars, P.A.
November 2, 2000
: r. a: KEITH and SC~NARS, P.A.
Exhibit A
WORK AUTHORIZATION NO. 15414.72
Preparation of Final Construction Documents for
Roadway Improvements
N.E. 30th Avenue
SCOPE OF CONSULTING SERVICES
PREAMBLE
CONSULTANT proposes to provide professional services associated with the preparation
of construction documents for roadway reconstruction of N.E. 30th Avenue.
Specific elements of the design shall include, but not be limited to, the geometric design,
horizontal alignment, sight distance, roadway drainage, clear zones, sidewalks, driveway
modifications and signage for the proposed conceptual cross-section discussed with the
City (widening of existing roadway to include a striped median and a sidewalk on west side
of roadway, as well as drainage improvements).
Engineering Design Services
1,01 Preliminary Design
The CONSULTANT shall ~epare a preliminary roadway cross-section for
review and approval by th~ City of Aventura and regulatory agencies. An
opinion of probable cost for the proposed improvements will also be
prepared and the required permitting will be researched.
1.02 Final Engineering Design
The CONSULTANT shall prepare final construction documents for the
following roadway improvements:
Adjust pavement width as required to achieve proposed cross-
section.
2. Curb and gutter along the edge of pavement as required.
3. Drainage collection system.
4. Pedestrian sidewalks and crosswalks.
~l~'~ KEITH and SCHNARS, P.A.
5. Pavement marking and signage.
The final construction documents shall include a project manual including the
contract documents and specifications. Landscaping design services are not
included/anticipated.
1.03 Permitting Phase
The CONSULTANT shall provide technical criteria, written description and
design data for use in filing the application for permits with agencies having
jurisdiction to review the design of the project. Permit fees are the responsi-
bility of the CLIENT and are not included within this agreement. (Wetland
permitting is not included in this scope.)
Permit applications will be submitted to the following regulatory agencies:
I. Metropolitan Dade County Environmental Resources Management
(DERM).
2. Metropolitan Dade County Public Works Department (Traffic Engi-
neering only).
3. City of Aventura
2.0 Surveying Services
2.01 Engineering Design Survey
CONSULTANT shall perform a design survey including horizontal and
vertical locations of all roadway and drainage improvements (approximately
1,400 LF) within the right-of-way limits. The survey shall conform to the
minimum technical standards as set forth by the Board of Professional
Surveyors and Mappers in Chapter 61G17-6 of the Florida Administrative
Code, pursuant to Section 472.027 Florida Statutes.
2.02 Horizontal Control Plans
CONSULTANT shall prepare horizontal control plans depicting the location
of the proposed roadway features to be used by the contractor for field
layout.
3.0 Bidding or Negotiating Services
The CONSULTANT, following the City's approval of the Construction documents
("Construction documents" shall mean the entire contract for construction, including
all addendums or alterations thereto, drawings and technical specifications) and of
r.--~: KEIT~ an~d SC~NARS, P.A.
the latest Statement of Probable Construction Cost, shall assist the City in
obtaining, evaluating, awarding and preparing construction contracts.
The CONSULTANT will prepare bid packages and release them to contractors and
assist in the selection of a contractor. Services include but are not limited to, a
review of contract proposals, review of contractors' and subcontractors' submitted
credentials, to assist the City in their selection of a contractor.
4.0 Construction Services
The CONSULTANT shall provide construction observation services necessary to
certify to the regulatory agencies that the construction work has been completed in
substantial compliance with the approved documents and permits.
Services included in this item are described as follows:
Shop drawings: The CONSULTANT will review shop drawings, samples,
other data and reports which the selected contractor is required to submit for
review, but only for the conformance with design concept of the project and
compliance with the information given on the design drawings. Such review
shall not extend to means, methods, techniques, sequence or procedures of
construction or to safety precautions and programs incident thereto.
Site Visits: CONSULTANT shall make visits to the site at intervals appropri-
ate to the various stages of construction as CONSULTANT deems neces-
sary in order to observe as an experienced and qualified design professional
the progress and quality of the various aspects of the contractor(s)'s work.
Inspections and Tests: The CONSULTANT shall observe the utility testing
required in final certification to certify to the responsible utility entity (the
actual testing will be by others).
Construction Observation: Service shall include coordination with contrac-
tor(s) and responsible utility entity to facilitate construction of the improve-
ments contained in the design plans including any preconstruction meetings.
Inspections will be performed as required for permits, record drawings,
information, and final utility certification.
Final Certification: The CONSULTANT will prepare the final certification and
process record drawings for the design from the survey information to be
supplied by the contractor or by other means agreed to by both CONSUL-
TANT and CLIENT and certified to the appropriate agencies.
!![,'~i KEITH and SCHNARS,~ P.A.
We anticipate the following items requiring as-built certification:
Roadway and appurtenances;
Storm drainage system.
5.0 Geotechnical Services (Subconsultant)
7.0
5.01 Field Investigation
SUBCONSULTANT shall perform nine (9) 5-foot and three (3) 15-foot auger
borings along the length of N.E. 30th Avenue. Additionally, SUBCONSUL-
TANT shall perform three (3) South Florida Water Management District
(SFWMD) exfiltration tests in an effort to determine the hydraulic conductivity
(K value) of the existing soils for site drainage evaluation by others.
5.02 Laboratory Testing
At the completion of the field work, the soil samples wilt be returned to our
laboratory for classification criteria. Representative soil samples will require
laboratory testing in order to determine specific engineering properties. The
laboratory testing will consist of natural water content and organic content of
representative soil samples. The laboratory testing program will also include
a Limerock Bearing Ratio (LBR) test on two (2) soil samples obtained along
the project alignment.
5.03 Engineerinq Evaluation, Recommendations and Report
All relevant information and subsurface data obtained during this investiga-
tion will be analyzed and evaluated with respect to pavement support. We
will provide an engineering report including a description of our findings,
roadway subgrade preparation, drainage results, recommendations, design
criteria and construction considerations. Any necessary special site
preparation procedures and earth backfill requirements will also be
addressed. The report will include graphic logs of the borings to simplify the
understanding of the subsurface conditions and a field test location plan.
Subsurface Utility Location Services (Subconsultant)
SUBCONSULTANT shall provide the accurate horizontal and vertical location of the
existing underground facilities with electronic methodS and vacuum excavation test
holes.
1l[.,~.i KEITH and SCHNARS,
7.01 Subsurface Utility Designation (Horizontal Location)
Meet with CONSULTANT to obtain the current plans, all available as-
builts or record drawings. Contact the utility companies and agencies
having existing utility facilities within the project limits.
Coordinate all work with the CONSULTANT and the appropriate utility
company and agency representatives,
Prepare and submit permit applications as needed to designate and
mark the horizontal location of the subsurface utilities.
Provide approved traffic counts and barricades to maintain traffic
control during all field operations.
Electronically designate the subsurface utilities within the project
limits. Mark the locations by painting on the asphalt or concrete
pavement at intervals along the project. Measure and record their
horizontal locations on plan sheets provided by CONSULTANT. If
requested, and for an additional fee, SUBCONSULTANT will utilize
CADD format drawings to record these locations.
Coordinate survey services with CONSULTANT (survey services not
provided by SUBCONSULTANT; locations will be provided with ties
to existing reference points at intervals along the project).
7. Review all deliverables with CONSULTANT
7.02 Subsurface Utility Locations (Vacuum Excavations) (Subconsultant)
Coordinate all work with the CONSULTANT and appropriate utility
company, agency, and municipal representatives. The CONSUL-
TANT shall provide a list of agreed test hole locations.
Obtain the necessary permits to excavate, locate and mark the
location of the subsurface utilities. (Assumed all work is in public right-
of-way or permission has been obtain to enter private property.)
Notify the Sunshine State One-Call system and all other applicable
utilities'in accordance with State law.
Provide approved traffic cones and barricades to maintain traffic
control during all field operations.
~l['~ KEITH and SCHNARS, P.A.
Horizontally designate the existing subsurface facilities within the
roadway right-of-way from the surface using electromagnetic
techniques. Mark the facilities in the field (to be surveyed by others).
Review the horizontal location information and the available design
plans with the CONSULTANT for the purposes of determining the
proposed test hole locations.
Neatly cut and remove any sod, asphalt or concrete surface and verify
the location of the facility at the selected locations. Use vacuum
excavation techniques to safely expose the facility. Measure and
record a) the horizontal location; b) depth to top of the facility; c) the
diameter and configuration of non-encased facilities; d) the bottom
depth of multiple conduit systems and shape of encased facilities; e)
the facility material, if reasonably ascer[ainable. Survey services are
not included.
Backfill the test holes with native soil, compact in lifts and provide a
restoration of the surface disturbed by the vacuum excavation.
Install an identifiable above ground marker (to be surveyed by others).
Prepare and provide a report of the findings, including a summary
inventory of all locations and an individual one-page report for each
test hole location.
ii['~"i KEITH a,,~., ~ ,ARS, P.A.
PROJECT
NUMBER 15414
WORK AUTHORIZATION
NUMBER 15414.72.05001
TASK NAME: N.E. 30TH AVENUE - PRELIMINARY DESIGN
TASK ~;~?¢~:~ HOURLY PROPOSAL
CLASSIFICATION HOURS~j~ RATE DOLLARS
Proposal Preparation ~
02 Admin. Asst. $35.00
04 Community Liaison L~r~ $60.00
06 CADD Operator 15~ $65.00 $975.00
07 Scientist II ~ $75.00
08 Economic/Financial Analyst ~ $75.00
09 Sdentist I~,~.~ $60,00
11 Graphic Designer ~;'~ $60.00
12 Landscape Architect (RLA) ~ $85.00
13 Field Representative l~fj~ $55.00
14 Landscape Designer ~.'~ $65.00
15 Planner (AICP) ~t~'~ $75.00
16 Associate Planner ~.~ $60.00
17 Project Engineer/Designer 80[~.~.~'~ $65.00 $5,200.00
18 Project Manager I 15~ $85.00 $1,275.00
19 Professional Engineer (P.E.) ~ $85.00
20 Prof. Land Surveyor (P.L.S. & Mapper) l~ $75.00
21 Senior Project Manager~.~{'~ $120.00
22 Senior Member ~,~ $175,00
23 Senior Project Engineer ~ $75.00
24 Project Manager II I~ $95.00
25 Technician II ~.~ $60.00
26 Project Manager Ill~'~ $105.00
29 Technician I ~ $55.00
30 Transportation Planner~ $65.00
32 Senior Field Representative $75.00
42 Survey Party i~..~FJ~ $85.00 __
43 Spec. Survey Pady ~'~'~ Quote
TOTAL HOURS
TOTAL DOLLARS ~~ $7,450.00
PROJECT
MANAGER:
AMY GALVEZ
DEPT. CODE: 05
PAGE 1 OF 1 1
REIMBURSABLE EXPENSES: EST. COST
SUBCONSULTANT A
SUBCONSULTANT B
SUBCONSULTANT C
SUBCONSULTANT D
PERMIT FEES
TRAVEL
EQUIPMENT/SUPPLIES
PRINTS & GRAPHICS
RELATED
PRINT NO
$
TOTAL REIMB. EXP.
DIRECT EXPENSES:
SUBCONSULTANT A
SUBCONSULTANT B
SUBCONSULTANT C
SUBCONSULTANT D
BLUEPRINT/REPROS
PERMIT FEES
MEALS
EQUIPMENT/SUPPLIES
B. TOTAL DIRECT EXPENSES
C. TOTAL DIRECT LABOR
$7,450 00 T&M
$7,450.00
TOTAL BUDGET
(A+B+C)
PREPARED BY: MC
DATE: 10/19/00
APPROVED BY: PRG
(Dept. Director)
DATE: 10/19/00
PROJECT
NUMBER 15414
WORK AUTHORIZATION
NUMBER 15414.72.05002
PROJECT
MANAGER: AMY GALVEZ
TASK NAME: N.E. 30TH AVENUE - FINAL DESIGN
TASK [~'~¢..~ HOURLY PROPOSAL
CLASSIFICATION HOURS~ RATE DOLLARS
Proposal Preparation
02 Admln. AesL $35.0C
04 Community Liaison ~ $60.0(;
06 CADD Operator 110~.:~ $65.0(; $7,150,0(;
07 Scientist II ~ $75.0(;
08 Economic/Financial Analyst [~ $75.0(;
09 Scientist I ~ $60.0(;
11 Graphic Designer ~ $60.0(;
12 Landscape Architect (RLA) ~ $85.0(~
13 Field Representative ~ $55,0(;
14 Landscape Designer ~.~-j~:~ $65.0(~
15 Planner (AICP) ~ $75.0(;
16 Associate Planner ~.~ $60.0(~
17 Project Engineer/Designer 220~ $65.0(; $14,300.0(;
18 Project Manager I 60 [~,~.~ $85.0(; $5,100.0(;
19 Professional Engineer (P.E.) ~ $85.0(;
20 Prof. Land Surveyor (P.L.S. & Mapper) ~ $75.0(;
21 Senior Project Manager ~ $120.0(;
22 Senior Member [~.~'~ $175.0(;
23 Senior Project Engineer 19~ $75,0(; $1,425.~
24 Project Manager II ~'~
25 Technician II ~ $60.0(~
26 Project Manager III ~ $105.0(~
2g Technidan $55.0
30 Transportation Planner [~.~ $65.0(;
32 Senior Field Representative ~ $75.0(;
.2 surveyPe EJ[ $§5.0(;
.3 speD. Sarvey Q.ote
/
TOTAL HOURS
TOTAL DOLLARS $27,975.0£
DEPT. CODE: 05
PAGE 2 OF 11
REIMBURSABLE EXPENSES:
SUBCONSULTANT A
SUBCONSULTANT B
SUBCONSULTANT C
SUBCONSULTANT D
PERMIT FEES
TRAVEL
EQUIPMENT/SUPPLIES
PRINTS & GRAPHICS
RELATED
EST. COST PRINT NO.
$
A. TOTAL REIMB. EXP.
DIRECT EXPENSES:
SUBCONSULTANT A
SUBCONSULTANT B
SUBCONSULTANT C
SUBCONSULTANT D
BLUEPRINT/REPROS
PERMIT FEES
MEALS
EQUIPMENT/SUPPLIES
B. TOTAL DIRECT EXPENSES
C. TOTAL DIRECT LABOR
TOTAL BUDGET
(A+B+C)
PREPARED BY: MC
APPROVED ~Y: PRG
(Dept. Director)
$27,975.00 T&M
$27,975,00
DATE: 10130/00
DATE: 10/3t/00
IPROJECT
NUMBER 15414
WORK AUTHORIZATION
NUMBER 15414.72.05003
PROJECT
MANAGER: AMY GALVEZ
TASK NAME: N.E. 30TH AVENUE - PERMITTING
TASK ~.~ HOURLY PROPOSAL
CLASSIFICATION HOURS~[~ RATE DOLLARS
Proposal Preparation
02 Admin. Asst. $35.0(2
04 Community Liaison ..~..%~.~ $60.0(2
06 CADD Operator 10~ $65.0(2 $650.0£
07 Scientist II ~.~ $75.0(~
)8 Economic/Financial Analyst , [~'~ $75.0(2
09 Scientist I ~h~ $60.0(2
11 Graphic Designer~.~ $60.0(2
12 Landscape Architect (pLA) ~ $85.0(2
13 Field Representative ~ $55.0(2
14 Landscape Designer ~ $65.00
15 Planner (AICP) '~j~ $75.00
16 Associate Planner ~.~ $60.00
17 Project Engineer/Designer 69~'~ $65.00
18 project Manager I 10~J $85.00 $850.0(2
19 Professional Engineer (P.E.) ~'~ $85,0(3
20 Prof. Land Surveyor (P.LS. & Mapper) ~¢'.~-'~2¢~ $75.0(3
21 Senior Project Manager ~] $120.00
22 Senior Member~ $175.00
23 Senior Project Engineer $75.0(3
24 Project Manager [I $95.0(3
25 Technician Il ~;~ $60.00
26 Project Manager Ill [¢~.~,¢~'~ $105.0(3
29 Technician I ~ $55.0(3
30 Transportation Planner [~':'~'~ $65.00
32 Senior Field Representative ~j~¢~ $75.00
42 Survey Party ~ $85,00
43 Spec. Survey Pady ~ Quote
TOTAL HOURS
TOTAL DOLLARS $5,985.0C
DEPT. CODE: 05
PAGE 3 OF 11
REIMBURSABLE EXPENSES:
SUBCONSULTANT A
SUBCONSULTANT B
SUBCGNSULTANT C
SUBCONSULTANT D
PERMIT FEES
TRAVEL
EQUIPMENT/SUPPLIES
PRINTS & GRAPHICS
RELATED
EST. COST PRINT NO.
A. TOTAL REIMS. EXP.
DIRECT EXPENSES:
SUBCONSULTANT A
SUBCONSULTANT B
SUBCONSULTANT C
SUBCONSULTANT D
BLUEPRINT/REPROS
PERMIT FEES
MEALS
EQUIPMENT/SUPPLIES
B. TOTAL DIRECT EXPENSES
C. TOTAL DIRECT LABOR
T&~M
TOTAL BUDGET
(A+B+C)
PREPARED BY: ANG
$5,985.00
DATE: 9/19/00
APPROVED BY: PRG
(Dept Director)
DATE: 9/19/00
PROJECT
NUMBER 15414
WORK AUTHORIZATION
NUMBER 15414.72.05004
PROJECT
MANAGER: AMY GALVEZ
TASK NAME: N.E. 30TH AVENUE - BIDDING
TASK ~.~ HOURLY PROPOSAL
CLASSIFICATION HOURS~ RATE DOLORS
Pro~sal Preparation
02 Admin. ~st. $35.00
~ ~mmuni~ Liaison $60.00
06 CADD O~rat~ 5 $65.00 $325.0C
07 Sdenfist II ~ $75.00
08 E~nomi~Finan~al ~alyst~ $75.00
09 Sdenflst I $60.00
11 Graphic Designer ~ $60.00
12 ~nds~pe ~it~t (R~) ~ $85.00
13 Field Represen~tive ~ $55.00
14 Lands~ Designer ~ $65.00
15 Planner (AICP) ~ $75.~
16 ~iate Planner ~ $60,00
17 Proje~ Engineer/Designer 53~ $65.00 $3,445.0~
18 Proje~ Manager I 5~ $85.00 $425.0~
19 Professional Engineer (P.E.) ~ $~.00
20 Prof. ~nd Su~eyor (P.L.S~ & Mapper) ~ $75.00
21 Seni~ Project Manager ~ $120.00
22 Senior Member ~ $175.00
23 Seni~ P~ject Engin~r ~ $75.00
24 Project Manager II ~ $95.00
25 Te~ni~an II ~ $60.00
26 Project Manager Ill ~ $105.00
29 Te~nidan I~ $55.00
30 Tmnspo~fion Planner ~ $65.00
32 Senior Field Represen~ve ~ $75.00
42 Suwey Pa~ ~=~ $85.00
43 Spec. Su~ey Pa~ ~ Quote
/
/
TOTAL DOLORS ~:~[~:~ $4,195.00~
DEPT. CODE: 05
PAGE 4 OF 11
RELATED
REIMBURSABLE EXPENSES: EST. COST PRINT NO.
SUBCONSULTANT A $
SUBCQNSULTANT B
SUBCONSULTANT C
SUBCONSULTANT D
PERMIT FEES
TRAVEL
EQUIPMENT/SUPPLIES
PRINTS & GRAPHICS
A. TOTAL REIMB. EXP.
DIRECT EXPENSES:
SUBCONSULTANT A
SUBCONSULTANT B
SUBCONSULTANT C
SUBCONSULTANT D
BLUEPRINT/REPROS
PERMIT FEES
MEALS
EQUIPMENT/SUPPLIES
B, TOTAL DIRECT EXPENSES
C. TOTAL DIRECT LABOR T&M
__ ~$4~, 195.0.0~
TOTAL BUDGET $4,195.00
(A+B+C)
PREPARED BY: ANG DATE: 9/19/00
APPROVED BY: PRG
(Dept Director)
DATE: 9119100
PROJECT
NUMBER 15414
WORK AUTHORIZATION
NUMBER 15414.72.05005
PROJECT
MANAGER: AMY OALVEZ
TASK NAME: N.E. 30TH AVENUE ~ CONSTRUCTION
TASK ~ HOURLY PROPOSAL
Proposal Preparation ~
02 Admin. Asst. $35.00
04 Community Liaison ~ $60.00
06 CADD Operator~'~,~.d~'~ $65.00
07 Scientist II ~.~ $75.00
08 Economic/Financial Analyst ~ $75.00
[:)9 Scientist I ~ $60.00
11 Graphic Designer [~.~.~"~_~ $60.00
12 Landscape Architect (RLA) ~;-~ $85.00
13 Field Representative ~.~:~ $55.00
14 Landscape Designer ~'~ $65.00
15 Planner (AICP) ~.,,~ $75.00
16 Associate Planner~'~'~ $60.00
17 Project EngineedDesigner 70~ $65.00 $4,550.00
18 Project Manager I 30~ $85.00 $2,550.00
19 Professional Engineer (P.E.) ~,~I.~ $85.00
20 Prof. Land Surveyor (P.LS. & Mapper) ~ $75.00
21 Senior Project Manager ~,;~ $120.00
22 Senior Member ~ $175.00
23 Senior Project Engineer 60~,_ $75.00 $4,500.00
24 Project Manager II~'~ $95.00
25 Technician II ~ $60.00
26 Project Manager IIII,.~. $105.00
29 Technician I $55.00
30 Transportation Planner ~ $65.00
32 Senior Field Representative 180~'~ $75.00 $13.500.00
42 Survey Party ~ $85.00
43 Spec. Survey Party ~ Quote
TOTAL HOURS 3401 [~ ~ '"~" ~
TOTAL DOLLARS ¢~;~ $25,100.00
DEPT. CODE: 05
PAGE 5 OF 11
REIMBURSABLE EXPENSES:
SUBCONSULTANT A
SUBCONSULTANT B
SUBCONSULTANT C
SUBCONSULTANT D
PERMIT FEES
TRAVEL
EQUIPMENT/SUPPLIES
PRINTS & GRAPHICS
RELATED
EST. COST PRINT NO.
$
A. TOTAL REIMB. EXP.
DIRECT EXPENSES:
SUBCONSULTANT A
SUBCONSULTANT B
SUBCONSULTANT C
SUBCONSULTANT D
BLUEPRINT/REPROS
PERMIT FEES
MEALS
EQUIPMENT/SUPPLIES
B. TOTAL DIRECT EXPENSES
C. TOTAL DIRECT LABOR
$25,10000
T&M
TOTAL BUDGET
(A+B+C)
PREPARED BY: MC
$25,100.00
DATE: 10/30/00
APPROVED BY: PRG
(Depl Director)
DATE: 10/31/00
PROJECT
NUMBER 15414
WORK AUTHORIZATION
NUMBER 15414.72.05006
TASK NAME: N.E. 30TH AVENUE ~ PROJECT MANAGEMENT
TASK ~:~ HOURLY PROPOSAL
CLASSIFICATION HOURS~ RATE DOLLARS
Proposal Preparation
32 Admin. Asst. $35.00
34 Community Liaison $60.00
96 CADD Operator $65.00
37 Scientist, I~.'~?~ $75.00
38 Economic/Financial Analyst ~}~'~ $75.00
39 Scientist, F~ $60.00
11 Graphic Designer ~! $60.00
12 Landscape Architect (RLA)~.~] $85.00
13 Field Representative ~ $55.00
14 Landscape Designer[~,~ $65.00
15 Planner (AICP) ~,~ $75.00
16 Associate Planner ~:~ $60.00
17 Project Engineer/Designer 511~,~ $65.00 $3,315.00
18 Project Manager I 26~f~,,~ $85.00 $2~210.00
19 Professional Engineer (P.E.) ~,",~,~ $85.00
20 Prof. Land Surveyor (P.L.S. & Mapper) ~,~ $75.00
21 Senior Project Manager ~'¢~j~ $120.00
22 Senior Member ~ $175.00
23 Senior Project Engineer ~,¢~ $75.00
;'4 Project Manager II [~',I~<~ $95.00
:)5 Technician Il ~'~j~ $60.00
:)6 Project Manager III ~.~.':~.'.~ $105.00
29 Technician I ~ $55'00 __
T .spo.a,on P,anne, $65.06
32 Senior Field Representative ~-~<~,~ $75.00
¢2 Survey Pady ~,~-~'~! $85.00
43 Spec. Survey Party I~{.~ Ou~.~te
rOTAL HOURS ~ ~¢~!
tOTAL DOLORS $5,525.00
PROJECT
MANAGER: AMY GALVEZ
DEPT. CODE: 05
[
PAGE 6 OF 11
REIMBURSABLE EXPENSES: EST. COST
SUBCONSULTANT A
SUBCONSULTANT B
SUBCONSULTANT C
SUBCONSULTANT D
PERMIT FEES
TRAVEL
EQUIPMENT/SUPPLIES
PRINTS & GRAPHICS
RELATED
PRINT NO.
$
A. TOTAL REIMB. EXP.
DIRECT EXPENSES:
SUBCONSULTANT A
SUBCONSULTANT B
SUBCONSULTANT C
SUBCONSULTANT D
BLUEPRINT/REPROS
PERMIT FEES
MEALS
EQUIPMENT/SUPPLIES
B. TOTAL DIRECT EXPENSES
C. TOTAL DIRECT LABOR
TOTAL BUDGET
(A+B+C)
PREPARED BY: ANG
APPROVED BY: PRG
(Dept Director)
$5,525 00 T&M
$5,525.00
DATE: 9/19/00
DATE: 9/19/00
PROJECT
NUMBER 15414
WORK AUTHORIZATION
NUMBER 15414.72.05007
TASK NAME: N.E. 30TH AVENUE - REIMBURSABLES
TASK [~ HOURLY PROPOSAL
CLASSIFICATION HOURS~ RATE DOLLARS
Proposal Preparation ~
92 Admin. Asst, $35.00
04 Community Liaison ~ $60.00
96 CADD Operator~¢~/~-~ $65.00
07 Scientist II ~'~ $75.00
08 Ecanomic/Financial Analyst ~ $75.00
09 Scientist I~:~ $60.00
11 Graphic Designer $60.00
12 Landscape Architect (RLA) ~,~ $85.00
13 Field Representative ~ $55.00
14 Landscape Designer ~ $65.00
15 Planner (AICP)~-~J $75.00
16 Associate Planner ~,,....,.~,~,~,.$60.00
17 Project Engineer/Designer~,'~'~ $65.00
18 Project Manager I ~ $85.00
19 Professional Engineer(P.E.)~,~,~ $85~00
20 Prof. Land Surveyor (P.L.S. & Mapper) ~ $75.00
21 Senior Project Manager ~ $120.00
22 Senior Member ~-~'~ $175.00
23 Senior Project Engineer ~.~ $75.00
24 Project Manager II ~ $95.00
25 Technician II~,~ $60.0C
26 Project Manager Ill ~;~ $105.0C
29 Technician i ~ $55.0C .___
30 Transportation Planner~ $65'0C _
32 Senior Field Representative $75.0C
42 Survey Party ~.~.~ $85.0C
TOTAL HOURS ~ ~ ~ ~
PROJECT
MANAGER:
AMY GALVEZ
DEPT. CODE: 05
PAGE 7 OF 11
REIMBURSABLE EXPENSES: EST. COST
SUBCONSULTANT A
SUBCONSULTANT B
SUBCONSULTANT C
SUBCONSULTANT D
PERMIT FEES
TRAVEL
EQUiPMENT/SUPPLIES
PRINTS & GRAPHICS
RELATED
PRINT NO.
A. TOTAL REIMB. EXP.
DIRECT EXPENSES:
SUBCONSULTANT A
SUBCONSULTANT B
SUBCONSULTANT C
SUBCONSULTANT D
BLUEPRINT/REPROS
PERMIT FEES
MEALS
EQUIPMENT/SUPPLIES
$3,000.00
B. TOTAL DIRECT EXPENSES
C. TOTAL DIRECT LABOR
TOTAL BUDGET
(A+B+C)
PREPARED BY: ANG
APPROVED BY: PRG
(Dept Director)
T&M
$3,000.0O ~ ___
DATE: 9/19/00
DATE: 9/19/00
fROJECT
UMBER 15414
WORK AUTHORiZATiON
NUMBER 15414.72.05009
TASK NAME: N.E, 3OTH AVENUE-SUBCONSULTANT-GEOTECHNICAL
TASK I~'~'~ HOURLY PROPOSAL
CLASSIFICATION HOURS~ RATE DOLLARS
Proposal Preparation
02 Admin. Asst. $35.0(3
64 Community Liaison ~'~ $60.0(3
06 CADD Operator ~. ~...~...~:._j$65.0(3
0~7 Scientist II~ $75.0(3
08 E-co~,omfc~F~ancial Analyst $75.0(3
09 Scientist I ~! $60.00
11 Graphic Designer~/.~.~.i~ $60.0(3
12 Landscape Architect (RLA) ~-~ $85.00
Fie d Re.rosenta e $55.0(3
14 Landscape Designer
15 Planner (AICP)
16 Associate Planner~;~ $60.0(3
17 Project Engineer/Designer ~ $65.0(3
18 Project Manager I [~'~ $85.0(3
19 Professional Engineer (P.E.) I~J~l $85.0(3
20 Prof. Land Surveyor (P.L.S. & Mapper) ~,-~'~ $75.0(3
21 Senior Project Manager ~ $120.0(3
22 Senior Member ~,~ $175,0(3
23 Senior Project Engineer~ $75.0C
24 Project Manager Il $95.0¢
25 Technidan II ~[~ $60.0(
26 Project Manager Ill ~'~ $105.0(
29 Technician I ~J~.~,~ $55.0(
30 Transportation Planner~ $65.0(
32 Senior Field Representative ~..,.'~ $75.0(
42 Survey Party[~'~ $85.0(
43 Spec. Survey Party r~i Quote
TOTAL HOURS ~~...~i.! '
TOTAL DOLLARS $0.00
PROJECT
MANAGER: AMY GALVEZ
DEPT. CODE: 05
PAGE 8 OF 11
REIMBURSABLE EXPENSES:
SUBCONSULTANT A
SUBCONSULTANT B
SUBCONSULTANT C
SUBCONSULTANT D
PERMIT FEES
TRAVEL
EQUIPMENT/SUPPLIES
PRINTS & GRAPHICS
A. TOTAL REIMB. EXP.
DIRECT EXPENSES:
SUBCONSULTANT A
SUBCONSULTANT B
SUBCONSULTANT C
SUBCONSULTANT D
BLUEPRINT/REPROS
PERMIT FEES
MEALS
EQUtPMENT/SUPPLIES
B. TOTAL DIRECT EXPENSES
C. TOTAL DIRECT LABOR
TOTAL BUDGET
(A+B+C)
PREPARED BY: ANG
APPROVED DY: PRG
(Dept Director)
EST. COST
$4,200.00
RELATED
PRINT NO.
GEOTECHNICAL
$4,200,00
$4,200.00
DATE: 9t19/00
DATE: 9/19/00
T&M
NPROJECT
UMBER 15414
WORK AUTHORIZATION
NUMBER 15414.72.05010
PROJECT
MANAGER: AMY GALVEZ
TASK NAME: N.E, 30TH AVENUE - SUBCONSULTANT - SUBSURFACE & UTILITY LOCATIONS
TASK ~ HOURLY PROPOSAL
CLASSIFICATION HOURS[~ RATE DOLLARS
Proposal Preparation
02 Admin. Asst. $35.00
94 Community Liaison $60.00
96 CADD Operator $65.00
07 Scientist II $75.00
08 Economic/Financial Analyst ~ $75.00
09 Scientist I ~ $60.00
11 Graphic Designer ~..~.~ $60.00
12 Landscape Architect (RLA) ~¢]~ $85.00
13 Field Representative ~...~] $55.00
14 Landscape Designer ~ $65.00
15 Plant, er (AICP) ~ $75.00
16 Associate Planner ~'~ $60.00
17 Project Engineer/Designer ~ $65.00
18 Project Manager I ~ $85.00
19 Professional Engineer (P.E.) ~ $85.00
20 Prof. Land Surveyor (P.L.S. & Mapper) ~ $75.00
21 Senior Project Manager ~.~ $120.00
22 Senior Member~.'.'.'.'.'.'.'.'.'.~ $175.00
23 Senior Project Engineer ~ $75.00
24 Project Manager Il~ $95.00
25 Technician II ~ $6o.oo
26 Project Manager ill ~ $105.00
29 Technician I ~ $55.00
30 Transportation Planner ~'-'~ $65.00
32 Senior Field Representative [~ $75.00
42 Survey Party ~_~.."~ $85.00
43 Spec. Survey Party~] Quote
TOTAL HOURS ' ' " .....
TOTAL DOLLARS
DEPT. CODE: 05
PAGE 9 OF 11
REIMBURSABLE EXPENSES: EST, COST
SUBCONSULTANT A
SUBCONSULTANT B
SUBCONSULTANT C
SUBCONSULTANT D
PERMIT FEES
TRAVEL
EQUIPMENT/SUPPLIES
PRINTS & GRAPHICS
RELATED
PRINT NO.
$9,350.00 UTIL LOCATIONS
$9,350.00
A. TOTAL REIMB. EXP.
DIRECT EXPENSES:
SUBCONSULTANT A
SUBCONSULTANT B
SUBCONSULTANT C
SUBCONSULTANT D
BLUEPRINT/REPROS
PERMIT FEES
MEALS
EQUIPMENT/SUPPLIES
B. TOTAL DIRECT EXPENSES
C. TOTAL DIRECT LABOR
T&M
TOTAL BUDGET
(A+B+C)
PREPARED BY: ANG
$9,350.00
DATE: 9/19/00
APPROVED BY: PRG
(Dept Director)
DATE: 9/19/00
PROJECT
NUMBER 15414
WORK AUTHORIZATION
NUMBER 15414.72.22001
PROJECT
MANAGER: AMY GALVEZ
TASK NAME: N.E. 30TH AVENUE - ENGINEERING DESIGN SURVEY
TASK ~,,:~ HOURLY PROPOSAL
CLASSIFICATION HOURS~ RATE DOLLARS
PropOSal Preparation
02 Admin. Asst. $35.00
04 Community Liaison ~ $60.00
06 CADD Operator ~"~;~ $65.00
07 Scientist II ~ $75.0(
08 EconomicJFinancial Analyst~,~'~:~
09 Scientis, I ~,~,x~.~ $60.0(
11 Graphic Designer
12 Landscape Architect (RLA)
13 Field Representative ~ $55.0(
14 Landscape Designer ~.~. $65.0(
15 Planner (Al(P) ~/~'.~'~. $75.0(
16 Associate Planner ~ $60.0(
17 Project Engineer/Designer 32~-~ $65.0( $2,080.00
18 Project Manager I ~[~ $85,0(
19 Professional Engineer (P.E.) ~'~ $85.0£
20 Prof. Land Surveyor (P.L.S. & Mapper) 17~ $75.0( $1,275.00
21 Senior Project Manager [~;~ $120.0(
22 Senior Member [~.~..~ $175.0(
23 Senior Project Engineer ~j~_~_ $75,0(
24 Project Manager Il~.,~ $95.0(
25 Technidan II ~ $60.001
26 Project Manager ill 5[~ $105.00 $525.00
29 Technician I [~ $55.00
30 Transportation Planner ~.~&.~ $65.00
32 Senior Field Representative ~;~'~ $75.00
42 Su~ey Party 60~'~..~ $85.00 $5,100.00
43 Spec. Survey Party ~'~ Quote
TOTAL HOURS 1
TOTAL DOLLARS ~!ii $8,980~00
DEPT. CODE: 22
PAGE 10OF 11
RELATED
REIMBURSABLE EXPENSES: EST. COST PRINT NO
SUBCONSULTANT A $
SUBCONSULTANT B
SUBCONSULTANT C
SUBCONSULTANT D
PERMIT FEES
TRAVEL
EQUIPMENT/SUPPLIES
PRINTS & GRAPHICS
A. TOTAL REIMB. EXP.
DIRECT EXPENSES:
SUBCONSULTANT A
SUBCONSULTANT B
SUBCONSULTANT C
SUBCONSULTANT D
BLUEPRINT/REPROS
PERMIT FEES
MEALS
EQUIPMENT/SUPPLiES
B. TOTAL DIRECT EXPENSES
C. TOTAL DIRECT LABOR
TOTAL BUDGET
(A+B+C)
PREPARED BY: DL
APPROVED BY: PRG
(Dept Director)
$8,980.00
$8,980.00
DATE: 9/19/00
DATE: 9/19/00
T&M
[ROJECT
UMBER 15414
WORK AUTHORIZATION
NUMBER 15414.72.22002
PROJECT
MANAGER: AMY GALVEZ
TASK NAME: N.E. 30TH AVENUE - HORIZONTAL CONTROL PLANS
TASK ~%~'-~ HOURLY PROPOSAL
CLASSIFICATION HOURS~[~ RATE DOLLARS
Proposal Preparation
02 Admin. Asst. $35.00
04 Community Liaison ~.~.~ $60.00
06 CADD Operator~g] $65.00
07 Scientist II ~,<.~ $75.00
08 Economic/Financial Analyst [~'~ $75.00
09 Scientist I ~'~ $60.00
11 Graphic Designer ~:~j~ $60.00
12 Landscape Architect (RLA) ~>~ $85.00
13 Field Representative ~.'.,~ $55.00
14 Landscape Designer [~,~,~ $65.00
15 Planner (AICP) ~-~ $75.00
16 Associate Planner[~ $60.00
17 Project Engineer/Designer ~'~-~ $65.00 /
18 Project Manager I ~.,.~.~ $85.00
19 Professional Engineer (P.E.)~ $85.00
20 Prof. Land Surveyor (P.LS. & Mapper) 8$75.00 $600.00
21 Senior Project Manager ~'~J $120.00
22 Senior Member ~'~,~ $175.00
23 Senior Project Engineer ..~.;~ $75.00
24 Project Manager II~,~ $95.00
25 Technician ti 23~ $60.00 $1,380,00
26 Project Manager III ~%~. $105.00
29 Technician I~ $55.00
30 Transportation Planner ~ $65.00
32 Seni~ Field Representative [~'~ $75.08
42 Survey Party ~'~ $85.00
43 Spec. Survey Party ~A-~;~ Quote
TOTAL HOURS 31
TOTAL DOLLARS
DEPT. CODE: 22
PAGE 11 OF 11
REIMBURSABLE EXPENSES: EST. COST
SUBCONSULTANT A
SUBCONSULTANT B
SUBCONSULTANT C
SUBCONSULTANT D
PERMIT FEES
TRAVEL
EQUIPMENT/SUPPLIES
PRINTS & GRAPHICS
RELATED
PRINT NO.
A. TOTAL REIMB. EXP.
DIRECT EXPENSES:
SUBCONSULTANT A
SUBCONSULTANT B
SUSCONSULTANT C
SUBCONSULTANT D
BLUEPRINT/REPROS
PERMIT FEES
MEALS
EQUIPMENT/SUPPLIES
B. TOTAL DIRECT EXPENSES
C. TOTAL DIRECT LABOR
$1,980.00 T&M
$1,980.00
TOTAL BUDGET
(A+B+C)
PREPARED BY: ANG
DATE: 9/19/00
APPROVED BY: PRG
(Dept. Director)
DATE: 9/19/00
TO:
FROM:
DATE:
SUBJECT:
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
City Commission y~
Eric M. Soroka, Cit
November 8, 2000
Disbursement of Police Forfeiture Funds
November 14, 2000 City Commission Meeting Agenda Item '7i~
RECOMMENDATION
It is recommended that the City Commission adopt the following Motion to Expend
Funds from the Police Forfeiture Fund:
"Motion authorizing the appropriation of up to $14,200 for furniture equipment
and Drug and Crime Prevention programs from the Police Forfeiture Fund in
accordance with the City Manager's memorandum".
BACKGROUND
As per the attached Staff Report, the Police Chief has requested approval to
appropriate Police Forfeiture Funds as follows:
1. Purchase furniture and equipment for the Victim's Interview Room $4,200.
2. Provide funding for Drug and Crime Prevention programs in the amount of
$10,000.
If you have any questions, please feel free to contact me.
EMS/aca
Attachment
000935-00
CITY OF AVENTURA
POLICE DEPARTMENT
INTER OFFICE MEMORANDUM
TO:
FROM:
Eric M. Soroka,-City Manager
Thoma~~Police
DATE:
November 8, 2000
SUBJECT: Use of Forfeiture Funds
Florida State Statutes 932.704 and 932.7055 require that money resulting from
forfeitures be maintained 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 municipality and upon approval of the governing body.
I am requesting City Commission approval for the expenditure of the items
shown below. These items were not originally included in the Capital Budget for
this fiscal year. A more detailed description of each item is listed on page 2:
· ,' Furniture
· ,' Youth Crime Prevention
$4,200.00
$10,000.00
Total $14,200.00
I certify that this requested expenditure complies with FSS 932.7055 in that:
1. Funds will be used for an appropriate law enforcement purpose.
2. Funds are not being used as a normal source of revenue for the
Police Department.
3. Funds were not considered in the adoption, and approval, of the
budget of the Police Department.
Below is a more detailed list of the items being requested for purchase via
Forfeiture Funds:
Victim Interview Room and Emergency Operations Center
Tables & stackable chairs and furniture for the Victim's Interview Room
Little Acorns & Crime Stoppers
Law Enforcement Trust Fund procedures mandate that 15% of trust fund
proceeds be spent on Crime & Drug Prevention programs. Little Acorns Children
and Family Programs has been selected to receive a $10,000.00 donation to
assist in program funding. We have sponsored this program since 1998.
RESOLUTION NO. 2000-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, RELATING TO THE SETTLEMENT OF
THAT CERTAIN LAWSUIT ENTITLED RUTH PRESENT,
TRUSTEE AND MARION MUTCHNIK VS. SNYDER, ET AL,
CASE NO. 99-3084-CIV-SEITZ AND RELATED CLAIMS UNDER
SECTION 70.001, FLORIDA STATUTES, FOR AN AMOUNT NOT
TO EXCEED $650,000; AUTHORIZING THE ACCEPTANCE OF
CERTAIN REAL PROPERTY AS PART OF THE SETTLEMENT;
AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO
EXECUTE ALL DOCUMENTS AND TAKE ALL ACTION
NECESSARY TO IMPLEMENT THE TERMS AND CONDITIONS
OF THE SETTLEMENT; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, Ruth Present, Trustee and Marion Mutchnik ("Plaintiffs") filed that certain
lawsuit against the City of Aventura ("City"), and the Mayor and City Commissioners and others
known as Ruth Present, Trustee and Marion Mutchnik v. Arthur I. Snyder, et al. with respect to
certain real property as more particularly described in Exhibit "A" attached hereto (the
"Property"); and
WHEREAS, the Plaintiffs have also asserted certain claims against the City with respect
to the Property under the Bert J. Harris Private Property Rights Act, § 70.001 et seq. Florida
Statutes, (which lawsuit and claims are hereinafter collectively referred to as the "Lawsuit"); and
WHEREAS, the City Commission finds that it is appropriate and in the best interest of
the City to settle the Lawsuit on the terms and conditions set forth below.
NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COMMISSION
OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. That the City Manager is authorized to expend up to $650,000 to settle the
Lawsuit in accordance with the following terms and conditions:
Resolution No. 2000-
Page 2
A. The City will purchase the Property for a purchase price of $615,000.
B. The City will pay the Plaintiff's actual, documented third party expenses incurred
in cormection with the Lawsuit including the conveyance of the Property to the
City not to exceed $35,000 in the aggregate.
C. The closing of the sale of the Property will occur following the fulfillment of the
following conditions precedent, all in form and substance satisfactory to the City
Manager and City Attorney: (i) issuance of a title commitment to insure the
Property in the amount of the Purchase Price and fulfillment by the Plaintiff of all
closing requirements therein, (ii) obtaining a survey of the Property, (iii)
obtaining a Phase I Environmental Site Assessment of the Property or re-
certification to the City of a recent Phase I Environmental Site Assessment, (iv)
removal of the existing billboard from the Property or assurances acceptable to
the City Manager and City Attorney that it shall be removed within a reasonable
time certain following the purchase of the property. The cost of items (i), (ii), and
(iii) as well as documentary stamp taxes and surcharges will be paid by the City
and the City Manager is authorized to pay such amounts to the appropriate parties.
D. Upon the closing of the Property, the purchase price and Plaintiff's expenses in an
amount not to exceed $650,000 will be disbursed to the Plaintiff, and Plaintiff will
deliver all documents required by the City Manager and City Attorney in
connection with the conveyance of the Property and settlement of the Lawsuit
including, but not limited to, a Warranty or Trustee's Deed, Bill of Sale, No-Lien,
2
Resolution No. 2000-
Page 3
Possession and Gap Affidavit, General Releases in favor of the City as well as a
Dismissal of the Lawsuit with Prejudice.
Section 2. That the City Commission hereby authorizes the City Manager to accept the
conveyance from the Plaintiff of the Property pursuant to a Warranty or Trustee's Deed.
Section 3. That the City Manager is authorized to execute all documents and take all
action necessary to implement the purposes of this Resolution including, but not limited to
entering into a Settlement Agreement incorporating the terms and conditions set forth above and
including such other terms as acceptable to the City Attorney.
Section 4. That this Resolution shall be effective immediately upon adoption hereof.
The foregoing Resolution was offered by Commissioner
moved its adoption. The motion was seconded by Commissioner
upon being put to a vote, the vote was as follows:
, who
, and
Commissioner Arthur Berger
Commissioner Ken Cohen
Commissioner Harry Holzberg
Commissioner Jeffrey M. Perlow
Commissioner Patricia Rogers-Libert
Vice Mayor Jay R. Beskin
Mayor Arthur I. Snyder
Resolution No. 2000-
Page 4
PASSED AND ADOPTED this 14th day of November, 2000.
ATTEST:
ARTHUR I. SNYDER, MAYOR
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY
CITY ATTORNEY
4
NOV-09-2000 THU 03:32 PM FRX NO. P. 02/02
EXHIBIT"A"
I~OA£ DESCRIP ~ON,.
A TRACT OF LAND BE/NO THAT PORTION OF LOT 1, BLOCK 3, MAP OF ~E TOWN OF
~EREF~OM ~E W~T 222 FE~ ~NO THE NORTH 5~ ~ ~EREO~ ~ID T~CT OF
TOWNSHIP ~ SOU~ RANdE ~2 ~ DADE COUN~ F~ORIDA. AND BE/NC NORE P~RDCU~R/Ly
DESCRIBED ~S
COU~ENCE AL ~E NOR~sr CORNER OF ~ NOR~SF ONE-Qu~N~R ~NW
SECrlON ~. [Q~NSHIP 5~ SOu~, ~NCE ~ ~S~ OADE CQUN~ ~OR/DA, ~/D PO/~
BEING A~SO FH~ NOR~S[ CORNER OF ~0~ ~, 8{OCK ~ OF ~ID P~[ END~ED ~p OF
[HE [QWN OF H~L~N~E? THENCE RUN SOU~ ~9'50'~' WEST A~ONC rHE NOR~
~QUND~RY OF ~E NOR[HWESr ONE-QuaRTER ~N~ ~/~) OF ~/D SECDON ~,
A~ONG ~E NQRrH ~OUNDARy dF ~/D LO7 ~ ~ D/Sr~NCE OF ~6. ~0 ~E ~0
~E PO/N~ OF
INFERS~CRON WI~ A L~E ~AT IS PARALLEL FO AND 222 ~ ~SFERLY O~ AS M~SURED
AT RIGHT ANGLES TO. TH~ ~T BOUNDARy OF ~lD LOT ~.. ~NCE RUN 50U~ 0I'2~'4~*
~ST ALONG ~E ~ST DESCRIB~ LINE A DISTANCE OF ~0. 13 ~ TO THE POINT OF
INTERSECRON WI~ A LIN~ ~AF IS PA~LLEL FO AND ~0 FE~ SOU~ERLY O~ AS M~SURED
AT RIGHT ANGL~ TO ~ NOR~ BOUNDARY OF ~lO LOT I, ~ID POINT 8~ING ALSO
POINT OF BEGINNING OF ~E PARC~ OF ~NO HEREI~R TO ~ D~CRIBED; ~ENCE RUN
NORTH 8~'50'15= ~ST ALONG ~E ~ST DESCRIBED LINE A DISTANCE OF I60.14 FE~ TO
~E POINT TO INTERSECTION WI~ THE ARC OF A CUR~ CONCA~ TO THE NOR~ST AND
~NG A RADIUS OF 3784.83 ~E~ ~lD ~INT OF IN~RSEcRoN B~R~NG SOU~
~ST ~OM ~E CEN~R OF ~lD CUR~ ~lO POINT B~NG ALSO ON THE ~S~RLY RIGHT OF
WAY BOUNDARY OF ~lD STAE ~AD ~ (~DERAL HIGHWAy,. ~ RUN SOU~WES~LY ALONG
~E ARC OF ~lD CU~ BEING ALSO ALONG ~E ~S~RLY R~HT OF WAY 80UN~Ry OF
STA~ ~AD NO. ~, ~ROUGH A CEN~L ANGLE OF 02'3~'0B* A OISTANCE OF I75.20
kE~ ~0 ~E POINT OF IN,SECTION WITH ~ SOUTH ~OUNOA~Y OF ~lD LOT l. BLOCK ~..
~CE RUN SOU~ B9'~0'~%* WEST ALONG ~ SOU~ BOUNDARY OF A PORTION OF ~ID
~OT I A DISTANCE OF 90.7B FE~ TO ~E ~INT OF 1NTERSECRON ~TH ~lD LINE BEING
PARALLEL TO AND 222 FE~ ~STERLY O~ AS M~SURED AT RIGHT ANGLES TO. THE WEST
eOUNDARy OF ~0 LOT ~,. THENCE RUN NORTH 0F29'4~' WEST ALONG THE ~5T DESCRIBED
LIN~ A DIST~c~ OF I~2. 46 FE~ TO ~E POINT OF BEGINNING. CONTAINING 20. ~95 SOUARE
FE~ MORE OR LESS OR O. 4Y ACRES MORE OR LESS.
ALL OF THE FOREGOING SU~CT TO ANY OEDI~RON~ LIMITARON~ RESTRICTION~
OR ~SEMEN~ OF
TO:
FROM:
DATE:
SUBJECT:
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
City Commission /'"' ~
( /\
November 7, 2000 ~ \
Ordinance Prohibiting Right-of-Way Vendors and Solicitors
1st Reading November 14, 2000 City Commission Meeting Agenda Item __
2"d Reading January 2, 2001 City Commission Meeting Agenda Item __
RECOMMENDATION
It is recommended that the City Commission adopt the attached Ordinance, which
prohibits right-of-way vendors and solicitors on certain roads in the City.
The prohibited areas are as follows:
Biscayne Boulevard
Ives Dairy Road
Miami Gardens Drive
William Lehman Causeway
Aventura Boulevard
N.E. 207th Street
N.E. 213th Street
Country Club Drive
Due to traffic safety concerns, the attached Ordinance was prepared by the City
Attorney's office.
If you have any questions, please feel free to contact me.
EMS/aca
Attachment
CC0933-00
ORDINANCE NO. 2001-__
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA, AMENDING THE CITY CODE OF THE CITY
OF AVENTURA BY CREATING SECTION 48-20
"PROHIBITION OF RIGHT-OF-WAY VENDORS AND
SOLICITORS ON CERTAIN ROADS" OF ARTICLE II
"USE OF RIGHT-OF-WAY; PARKING; OTHER
REGULATIONS" OF CHAPTER 48 "VEHICLES; USE
OF RIGHT-OF-WAY; PARKING; AND OTHER
REGULATIONS;" PROHIBITING RIGHT-OF-WAY
VENDORS AND SOLICITORS ON CERTAIN STREETS
IN THE C1TY; CREATING A DEFINITION FOR THE
TERM "RIGHT-OF-WAY VENDOR AND SOLICITOR;"
PROVIDING FOR SEVERABILITY; PROVIDING FOR
INCLUSION IN CODE; PROVIDING FOR PENALTY;
PROVIDING FOR EFFECTIVE DATE.
IT IS HEREBY ORDAINED BY THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. That the City Code of the City of Aventura is hereby amended by creating
Section 48-20 "Prohibition of Right-of-Way Vendors and Solicitors On Certain Roads" of
Article II "Use of Right-of-Way; Parking; Other Regulations" of Chapter 48 "Vehicles; Use of
Right-of-Way; Parking; and Other Regulations" to read as follows:
Section 48-20. Prohibition of Right-of-Way Vendors and Solicitors On
Certain Roads.
A. Findings; Purpose; Intent.
(])
The City Commission of the City of Aventura desires to adopt an
ordinance prohibiting right-of-way vendors and solicitors on
certain streets located in the City because such vendors and
solicitors pose a danger to themselves and the public at large by
interfering with the safe movement of normal vehicular traffic; and
Based upon statistics collected by the Surface Transportation
Policy Project, on average, 565 pedestrians are killed every year in
Florida (of which 99 are in Miami-Dade Coumy), and the Miami-
Fort Lauderdale area is one of the most dangerous areas in the
United States for pedestrians; and
Ordinance No.2001 -
Page
(3)
(4)
(5)
(6)
(7)
(8)
(9)
Numerous types of right-of-way vendors and solicitors operate or
may seek to operate within the City of Aventura, including, but not
limited to, children, adolescents and adults who seek to collect
money for school and community activities; vendors who sell
flowers, newspapers and other products and people who seek
donations or to distribute information; and
Right-of-way vendors and solicitors approach motorists and
passengers in motor vehicles engaged in travel on roads, and are
particularly susceptible and vulnerable to serious injury or death
due to the speed and number of motorists who operate vehicles on
busy roads within the City; and
Roads are primarily designed for vehicular traffic and are not
suited to safely accommodate right-of-way vendors and solicitors;
and
Over the past ten years, at least ten right-of-way vendors have been
killed by motor vehicles in the South Florida area, and many more
have been seriously injured (including a Sun Sentinel newspaper
vendor who was struck by a car while carrying papers on U.S. 1
and Broward Boulevard in Fort Lauderdale on July 30, 2000); and
The presence of right-of-way vendors and solicitors interferes with
the safe movement of normal vehicular traffic; and
The road network in the City is substantially burdened by a high
volume of traffic; and
It is the intention of the City Commission to use the least
restrictive means to advance the significant governmental interests
of traffic safety and public safety and, consequently, the City Staff
has analyzed each of the major roads within the City and has
determined that the roads listed in subsection C below, pose the
greatest threat to traffic and public safety in reference to activities
and use by right-of-way vendors and solicitors, and therefore the
City Commission has determined that the prohibition on right-of-
way vendors and solicitors shall be limited to those listed roads;
and
Ordinance No.2001-
Page
(10)
It is the finding of the City Conmnission that many other alternative
channels of communication (other than right-of-way vending and
solicitation) exist for persons who seek to exercise their First
Amendment freedoms, such as, but by no means limited to,
solicitation of fm~ds or distribution of literature through the mail or
at alternate locations (such as houses of worship, shopping areas
and special events); the sale and/or distribution of newspapers
through home delivery, vending machines and retail stores; and the
sale of items of all kinds at retail stores, through the internet and
fi'om vending machines; and
(11)
Thc City Commission desires to preserve and protect thc personal
safety and quality of life of its residents and of those who use City
streets, both pedestrians and motorists alike; and
02)
The City Conm~ission has reviewed the proposed regulations
provided by this Section and finds that such regulations
accomplish the purposes intended while utilizing the least
restrictive method possible; and
(13) The City Commission finds that it is in the best interests of the
residents of the City to adopt this Section.
B. Definitions.
As used in this Section, the following term(s) have the meaning set forth herein,
except as otherwise indicated by the context.
Right-of-Wa2t Vendor or Solicitor. Any person who sells or offers for sale any
thing or service of any kind, or who seeks any donation of any kind, or who
personally hands to or seeks to transmit by hand or receive by hand any thing of
any kind, whether or not payment in exchange is required or requested, to any
pemon who operates or occupies a motor vehicle of any kind, which vehicle is
engaged in travel on or within any portion of any of the roads designated in
subsection C, whether or not such vehicle is temporarily stopped in the travel
lanes of the road. The term shall not apply to any person who merely holds or
displays a sign lawfiflly permitted to be displayed by a person, as long as therc is
no entry by such person or sign into any portion of the roadway or its median,
Further, this term shall not apply to official citations or notices provided pursuant
to governmental authority.
Ordinance No.2001-
Page __
C. Prohibition.
(1) It is a violation of this Section for any person to act as a Right-
of-Way Vendor or Solicitor in, at or upon Biscayne Boulevard,
Ives Dairy Road, Miami Gardens Drive, Country Club Drive,
William Lehman Causeway, Aventura Boulevard, Northeast
207th Street, and Northeast 213 Street (including the swales
and medians abutting such roads).
(2) No person shall act as a Right-of-Way Vcndor or Solicitor in.
at or upon any of the roads described in (1) above, including
the swales and medians abutting such roads.
Section 2. Severabili .ry. The provisions of this Ordinance are declared to be severable and
if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid
or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences,
clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent
that this Ordinance shall stand notwithstanding the invalidity of any part.
Section 3. Inclusion in the Code. It is the intention of the City Commission, and it is
hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code
of the City of Aventura; that the sections of this Ordinance may be renumbered or relettered to
accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other
appropriate word.
Section 4. Penalty. Any person who violates any provisions of this Ordinance shall, upon
conviction, be punished by a fine not to exceed $500.00 or imprisonment in the County jail not to
exceed sixty (60) days or both such fine and imprisonment. Each day that a violation continues
shall be deemed a separate violation, This ordinance sb~ll also be subject to enforcement under the
4
Ordinance No.2001 -
Page __
Local Government Code Enforcement Act, Chapter 162, F.S., as amended, and City Code Section
2-331, et. seq., as amended. Enforcement may also be by suit for declaratory, injunctive or other
appropriate relief in a court of competent jurisdiction.
Section 5. Effective Date. This Ordinance shall be effective immediately upon adoption
on second reading.
The foregoing Ordinance was offered by Commissioner
, who moved its
adoption on first reading. The motion was seconded by Commissioner
, and upon
being put to a vote, the vote was as follows:
Commissioner Arthur Bergcr
Commissioner Ken Cohen
Commissioner Harry Holzberg
Commissioner Jeffrey M. Perlow
Commissioner Patricia Rogers-Libert
Vice Mayor Jay 1L Besk/n
Mayor Arthur I. Snyder
The foregoing 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:
Commissioner Arthur Berger
Commissioner Ken Cohen
Commissioner Harry Holzberg
Commissioner Jeffrey M. Perlow
Commissioner Patricia Rogers-l,~q~ert
Vice Mayor Jay R. Beskin
Mayor Arthur I. Snyder
PASSED AND ADOPTED on first reading this 14th day of November, 2000.
5
Ordinance No.2001 -
Page
PASSED AND ADOPTED on second reading this
day of
,2001.
ATTEST:
ARTHUR I. SNYDER, MAYOR
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
CITY ATTORNEY
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO:
FROM:
BY:
DATE:
City Commission
Eric M. Soroka, Ci~
Brenda Kelley, Comm
November 9, 2000
nity
~velopment Direc~
SUBJECT:
Agreement for Exchange of Parcels
Government Center
19200 West Country Club Drive
November t4, 2000 City Commission Meeting Agenda Item
RECOMMENDATION
It is recommended that the City Commission authorize the City Manager to finalize and
execute the Agreement for Exchange of Parcels, thereby approving a conveyance of City
owned property and an acceptance by the City of the parcel to be conveyed by Concorde
Centre II Associates.
REQUEST
Due to security concerns on the Government Center property, staff requests a land swap
with Concorde Centre II Associates (2999 NE 191 Street) in order to create separate, private
parking areas for both properties as shown by the attached sketch (Exhibit #1). This land
swap will encompass a conveyance of Parcel A and an acceptance of Parcel B as shown on
the exhibit. Staff is in the process of preparing the legal exhibits to be attached to the
Agreement.
As always, please feel free to contact me with any questions you may have.
¢olqC
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ORDINANCE NO. 2001-
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA, APPROVING AN AGREEMENT FOR
EXCHANGE OF PARCELS BETWEEN THE CITY OF
AVENTURA AND CONCORDE CENTRE II ASSOCIATES;
AUTHORIZING THE CITY MANAGER TO FINALIZE,
EXECUTE AND IMPLEMENT THE AGREEMENT;
PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission wishes to approve the attached Agreement for
Exchange of Parcels between the City and Concorde Centre II Associates ("Concorde") (the
"Agreement"), which provides in part that the City will convey a parcel of land to Concorde in
exchange for a conveyance to the City by Concorde of a parcel; and
WHEREAS, the exchange of parcels provided for in the Agreement is in the best
interests of the public and would facilitate access to and from the Government Center Property;
and
WHEREAS, the City's Charter requires approval by Ordinance of a conveyance of City
owned property; and
WHEREAS, the City also finds that acceptance by the City of the parcel to be conveyed
by Concorde is in the best interests of the public and will further enhance access.
IT IS HEREBY ORDAINED BY THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. That the foregoing "Whereas" clauses are ratified and confirmed as being true
and correct amd are made a specific part of this Ordinance.
Section 2. That the City Manager is authorized to finalize, enter into and implement the
Agreement attached hereto as Exhibit "A," together with such modifications as are acceptable to
Ordinance No. 2001-
Page 2
the City Manager and approved as to form and legality by the City Attorney. The City Manager
is further authorized to execute such additional documentation necessary in order to effectuate
the Agreement including, but not limited to, a special warranty deed, and affidavit, all in a form
and substance acceptable to the City Attorney.
Section 3. That the appropriate City officials are authorized to do all things necessary
and expedient in order to effectuate the finalization and execution of the Agreement and to carry'
out the provisions of this Ordinance.
Section 4. Severabilit~. The provisions of this Ordinance are declared to be severable and
if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid
or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences,
clanses, and phrases of this Ordinm~ce but they shall remain in effect, it being the legislative intent
that this Ordinance shall stand notwithstanding the invalidity of any part.
Section 5. Effective Date.
adoption on second reading.
The foregoing Ordinance was offered by Commissioner
adoption on first reading. The motion was seconded by Commissioner
being put to a vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner Ken Cohen
Commissioner Harry Holzberg
Commissioner Jeffi'ey M. Peflow
Commissioner Patricia Rogers-Libert
Vice Mayor Jay R. Beskin
Mayor Arthur I. Snyder
That this Ordinance shall be effective immediately upon
_, who moved its
, amd upon
2
Ordinance No. 2001-
Page 3
The foregoing Ordinance was offered by Commissioner
on second reading. The motion was seconded by Commissioner
vote, the vote was as follows:
who moved its adoption
and upon being put to a
Commissioner Arthur Berger
Commissioner Ken Cohen
Commissioner Harry Holzberg
Commissioner Jeffrey M. Peflow
Commissioner Patricia Rogers-Libert
Vice Mayor Jay R. Beskin
Mayor Arthur I. Snyder
PASSED AND ADOPTED on first reading this 14th day of November, 2000.
PASSED AND ADOPTED on second reading this day of ., 2001.
ATTEST:
ARTHUR I. SNYDER, MAYOR
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
CITY ATTORNEY
3
AGREEMENT FOR EXCHANGE OF PARCELS
THIS AGREEMENT FOR EXCHANGE OF PARCELS (the "Agreement") is made and
entered into as of this __ day of ,2000, by and between CONCORDE CENTRE
II ASSOCIATES, a Florida joint venture, having an address of
(hereinafter referred to as "Concorde"), and the CITY OF
AVENTURA, a Florida municipal corporation, having an address at 2999 N.E. 191 Street, Suite
500, Aventura, Florida 33180 (hereinaiter referred to as the "City").
RECITALS:
1. Concorde is the owner of certain real property located in Miami-Dade County,
Florida commonly known as Concorde Centre and more particularly described on Exhibit "A"
attached hereto and made a part hereof (the "Concorde Property").
2. City is the owner of certain real property located in Miami-Dade County
commonly known as the Government Center and more particularly described on Exhibit "B"
attached hereto and made a part hereof (the "City Property").
3. The Concorde Property and the City Property are adjacent to one another.
4. The City wishes to use a portion of the Concorde Property currently improved with
driveway and parking facilities for parking and access to and from the City Property. Concorde has
agreed to convey to the City fee simple title for this parcel, as more particularly described and
shown on Exhibit "C" attached hereto and made a part hereof ("Area 1").
5. In exchange for Concorde's conveyance of Area 1 to the City, the City wishes to
convey fee simple title to a small parcel within the City Property to Concorde. This area is currently
improved with driveway and parking facilities, and is more particularly described and shown on
Exhibit "D" attached hereto and a made a part hereof ("Area 2").
6. The City will install an access gate on Area 1 for the purpose of ingress and egress to
and from the Concorde Property for use by the City's or Miami-Dade County's ("County's")
emergency, rescue and government vehicles. Additionally, Concorde has agreed to grant the City
a non-exclusive easement for use by the City's or County's vehicles for ingress and egress to and
from the Concorde Property. This easement will enable the City's vehicles to have faster and more
direct access to and from N.E 191 Street and Biscayne Boulevard.
NOW, TltEREFORE, in consideration of the foregoing and for other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto
hereby agree as follows:
1. Recitals. The foregoing recitals are tree, correct and made a part of this Agreement.
2. Exchange of Parcels. The City and Concorde hereby agree to exchange Area 1 and
Area 2. Area 1 shall be conveyed in fee simple by Concorde to the City by warranty deed. Area 2
shall be conveyed by the City in fee simple to Concorde by special warranty deed and shall be used
by Concorde for parking and general access to and from the Concorde Property. At the time of the
exchange, the parties will also exchange no-lien affidavits and Concorde shall comply with the
requirements of Section 196.295, Florida Statutes. In addition, each party shall provide an Opinion
of Title as to Area 1 and Area 2, in a form and substance acceptable to the City Attorney and
Concorde's Attorney.
3. Access to Concorde Property. The City, at its sole cost and expense, shall install
an access gate on Area 1 for the purpose of controlling access between Area 1 and Concorde's
property adjacent thereto. The location of the access gate is shown on Exhibit __ attached hereto
and made a part hereof. Concorde hereby agrees to grant the City, and its agents, employees,
servants, invitees, a non-exclusive easement for access in, over and upon the Concorde Property for
the purpose of providing the City's and/or County's emergency, rescue and government vehicles
and tracks access to and from Area 1 and the City Property, which easement is shown on Exhibit
attached hereto..
4. Headings. The headings in this Agreement are solely for convenience or reference
and shall be given no effect in the construction or interpretation of this Agreement.
5. Jurisdiction and Choice of Law.
5.1. The parties hereto hereby irrevocable consent to the jurisdiction of the courts of the
State of Florida (with venue in Miami-Dade County) and of any federal court located in the State of
Florida in connection with any action or proceeding arising out of or relating to this Agreement.
5.2. This Agreement shall be construed and enforced in accordance with, and governed
by, the laws of the State of Florida.
6. Attorney Fees. In the event of any litigation arising out of this Agreement or to
enforce the Agreement, the prevailing party is entitled to recover its reasonable attorney fees and
costs (including fees and cost of any appeals).
7. Third Party Beneficiaries. No person not a party hereto shall be a third party
beneficiary of this Agreement.
[THE REST OF THIS PAGE WAS INTENTIONALLY LEFT BLANK]
IN WITNESS WHEREOF, this Agreement has been executed by the parties as of the day
and year first above written,
CITY OF AVENTURA,
a Florida municipal corporation
By:.
Eric M. Soroka, City Manager
(MUNICIPAL SEAL)
ATTEST:
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
By: By:.
Teresa M. Soroka, CMC/AAE City Attorney
City Clerk
CONCORDE:
CONCORDE CENTRE H ASSOCIATES,
a Florida joint venture
(CORPORATE SEAL)
STATE OF FLORIDA )
SS:
COUNTY OF MIAMI-DADE)
THIS IS TO CERTIFY, that on this __ day of ,2000, before me, an
officer duly authorized to take acknowledgements in the State and County aforesaid, personally
appeared , as of CONCORDE
CENTRE II ASSOCIATES, a Florida joint venture, on behalf of the joint venture, who (check
one) [ ] is personally known to me or [ ] produced a drivers license as
identification.
NOTARY PUBLIC
Print Name:
My Commission Expires:
STATE OF FLORIDA )
SS:
COUNTY OF MIAMI-DADE)
TItIS IS TO CERTIFY, that on this day of ,2000, before me, an
officer duly authorized to take acknowledgements in the State and County aforesaid, personally
appeared ERIC M. SOROKA, City Manager, for the CITY OF AVENTURA, a Florida
municipal corporation, on behalf of the corporation, who (check one) [ ] is personally known to
me or [ ] produced a drivers license as identification.
NOTARY PUBLIC
Print Name:
CITY OF AVENTURA
FINANCE SUPPORT SERVICES DEPARTMENT
MEMORANDUM
TO:
FROM:
BY:
DATE:
City Commission / ~
Eric M. Soroka, City/vlar~a'g'~r
~gore, Finan S~ort~' '~/' ~ Services Director
September 26, 2000
SUBJECT: Ordinance and Resolution authorizing debt for park/community
Center
October 3, 2000 Commission Meeting Agenda Item ~
Second Reading November 14, 2000 Connn~ssion 1,feeLing Agenda Item 9
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 capital 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. The estimated net debt service payments will be from $475,000 to $500,000
per year for the 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 input 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 Resolution establishes that the City intends to issue an RFP to local financial
institutions for bank qualified financing. The RFP which is attached to the Resolution as
Exhibit B contains the timetable and procedures to be followed.
Based on the Ordinance and Resolution, our Financial Advisors, Dain Rauscher, Inc.
will circulate the RFP among the banking community and obtain formal written
proposals as to interest rate and terms. We anticipate that there will be a Resolution on
the November 14, 2000 agenda to formally name the winning bank and agreed upon
terms. The second reading of the ordinance will also occur at that meeting.
Based on the foregoing, I recommend approval of both the Ordinance and Resolution.
If there are any questions, please feel free to contact me.
ORDINANCE NO. 2000-27
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 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" shall mean the City of Aventura, Florida, a municipal corporation established
by the State of 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 and surety bonds and premiums for insurance during construction; (F) all
interest due to 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 and 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
facility or a liquidity facility, municipal bond insurance company or depository; (J) payments,
when due (whether at the maturity of principal or the due date of interest or upon
Ordinance No. 2000-27
Page 2
redemption) on any interim or temporary indebtedness incurred for any portion of the
Project; (K) costs and expenses related to the issuance of the Obligations or other
indebtedness related to the Project; (L) costs related to collection of special assessments;
and (M) any other costs and expenses properly attributable to acquisition or construction of
the Project, and such other expenses as may be necessary or incidental to the issuance of
the Obligations; and shall include reimbursement to the City or any other person, firm or
corporation for any moneys advanced for any costs incurred by the City or such person,
firm or corporation in connection with any such items or costs. The Resolution may provide
for additional items to be designated as Costs.
"Non-Ad Valorem Funds" shall mean all revenues of the City derived from any
source other than ad valorem taxation on real or personal property, which are legally
available to make 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.
"Ordinance" 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
specifications on file or to be on file with the City, as the same may be modified or
amended from 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 Obligations 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) The acquisition and construction of the Project is necessary in order to
maintain and protect the health, welfare and safety of the citizens of the City.
(B) The most efficient and cost-effective method of financing the acquisition and
construction of the Project is by the issuance of the Obligations secured by Non-Ad
Valorem Funds in the manner set forth in Section 5 of this Ordinance and in the
Resolution.
2
Ordinance No. 2000-27
Page 3
(C) The principal of, redemption premium, if any, and interest on the Obligations
shall be paid from Non-Ad Valorem Funds, unless otherwise paid by such entity as shall
provide credit enhancement, if any, on the Obligations and in such a case, reimbursement
of the credit enhancer shall be from Non-Ad Valorem Funds. The City shall never use or
be required to use any ad valorem 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 owned 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 of the Project.
SECTION 4. ISSUANCE OF THE OBLIGATIONS. The Obligations are
authorized to 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 ora
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 Obligations shall be dated such date or dates, shall bear interest at such rate or
rates, shall mature at such time or times and in such amount or amounts as may be
determined in the Resolution, and may be redeemable before maturity, atthe option of the
City, at such price 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 of 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, 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 all 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 the City. The
Obligations may be further secured by any credit enhancement as determined by 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.
Ordinance No. 2000-27
Page 4
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, if necessary, from Non-Ad Valorem Funds lawfully available in each fiscal
year, amounts sufficient to pay the principal of, redemption premium, if any, and interest on
any Obligation 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 paid, 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 to maintain any services or programs, now provided or maintained bythe 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 Valorem 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 on 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 payment of obligations secured by a prior or future pledge of such Non-Ad Valorem
Funds (including 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 manner 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 positive duty to appropriate and budget, by amendment, if necessary, Non-Ad
Valorem Funds 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.
4
Ordinance No. 2000-27
Page 5
SECTION 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 provided 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 have 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 the 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, except 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 granted 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 ~erformed 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 regarded as in derogation of any powers now existing or which may hereafter
come into existence. 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 officers, 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
requirements for the full punctual and complete performance of all the terms, covenants
and agreements contained in this Ordinance.
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 enforcement 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.
Ordinance No. 2000-27
Page 6
SECTION 11. EFFECTIVE DATE. This Ordinance shall take effect immediately
upon its enactment on the second reading.
The foregoing Ordinance was offered by Commissioner Beskin, who moved its
adoption on first reading. The motion was seconded by Commissioner Berger, and upon
being put to a vote, the vote was as follows:
Commissioner Arthur Berger yes
Commissioner Ken Cohen yes
Commissioner Harry Holzberg yes
Commissioner Jeffrey M. Perlow yes
Commissioner Patricia Rogers-Libert absent
Vice Mayor Jay R. Beskin yes
Mayor Arthur I. Snyder yes
The foregoing 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:
Commissioner Arthur Berger
Commissioner Ken Cohen
Commissioner Harry Holzberg
Commissioner Jeffrey M. Perlow
Commissioner Patricia Rogers-Libert
Vice Mayor Jay R. Beskin
Mayor Arthur I. Snyder
PASSED AND ADOPTED on first reading this 3rd day of October, 2000.
Ordinance No. 2000-27
Page 7
PASSED AND ADOPTED on second reading this 14th day of November, 2000.
ATTEST:
ARTHURI. SNYDER, MAYOR
TERESA M. SOROKA, CMC, CITY CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
CITY ATTORNEY
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
for municipal purposes including parks, recreational or
community centers.
Buildinqs and Other Improvements. The acquisition,
construction, equipping and installation of improvements on or
to the real property described above or other City owned
property for parks, recreational or community centers.
CITY OF AVENTURA
FINANCE SUPPORT SERVICES DEPARTMENT
MEMORANDUM
TO:
FROM:
BY:
DATE:
SUBJECT:
City CommissiO~c~~age/
Eric M. Soroka,
Harry M. Kilgore, Finar~e Sjbpport Services Director
November 8, 2000
Resolution Authorizing Formal Agreement for Bank Qualified Loan in
Amount of $6,555,000
November 14, 2000 Commission Meeting Agenda Item Ic~
Recommendation
It is recommended that the City Commission adopt the attached Resolution which
authorizes the execution of a Bank Qualified Loan Agreement with Bank of America.
Background
At the October 3, 2000 meeting, the City Commission adopted a resolution authorizing
the City to proceed with an RFP for a bank qualified loan in an amount not to exceed
$6.75 million. In addition, the Commission adopted an Ordinance on first reading to
authorize the borrowing pursuant to Section 4.03(6) of the City Charter. At the
November 14th meeting, the Commission will vote on the Ordinance on second reading.
In addition, we need to formally approve the interest rate and terms of the financing
program. That is the purpose of this resolution.
Pursuant to Commission authorization, the RFP for a "Bank Qualified Loan" was
distributed to twenty local and regional financial institutions. On October 23, 2000 at
2:00pm, we opened sealed proposals from three proposers as follows:
1. Bank of America - Fixed rate to be finalized one day prior to closing
date based upon 72% of the 30 day LIBOR (London Interbank
Offered Rate). If we set the rate based on the October 23rd LIBOR,
the interest rate would be 4.94%.
2. SunTrust Bank - Fixed rate based upon a stated percentage of the
rd
banks internal cost of funds. If the rate were set on October 23 , the
rate would be 5.14%.
3. First Union National Bank - A guaranteed fixed rate of 5.46%.
Page (2)
Resolution Authorizing Formal Agreement
for Bank Qualified Loan
All three proposals contained specific redemption provisions, covenants and bank's cost
of issuance. These provisions have been reviewed and evaluated along with the
interest rate during the past few weeks.
The rate proposed by First Union was somewhat higher than we contemplated. The
rates proposed by both Bank of America and SunTrust are very competitive and in
accordance with expectations. The net debt service would be just under $500,000 per
year at the 4.94% rate. This amount is similar to the projected debt service costs when
the matter was last discussed with the City Commission.
Since the proposal by Bank of America was the best of the three, Lourdes Reyes
Abadin (our Financial Advisor), Steve Miller (our Bond Counsel) and I have negotiated
final terms and conditions. Those terms and conditions are included in the "Bank
Qualified Loan Agreement" which is attached to the Resolution.
I believe the terms, conditions and final interest rate is very favorable to the City.
Because the proposal calls for the final interest rate to be fixed the day before closing
(based on the LIBOR rate) the portions containing the interest rate and any specific
amounts which are dependent on the interest rate are blank in the documents. We will
fill the amounts and interest rate on November 14th and advise the City Commission the
day of the Commission meeting (closing is November 15th, the day after the
Commission meeting). At this point, we anticipate that the interest rate will be less than
5% resulting in a net debt service cost of approximately $500,000 per year over the 20-
year life of the borrowing. Assuming that interest rates remain significantly unchanged
between today and the 14TM, I recommend approval of the resolution and attached
agreement.
If anything further is required, please feel free to call or stop by my office at any time.
HMK/mn
FSS694-00
RESOLUTION NO. 2000-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF AVENTURA ACCEPTING THE PROPOSAL OF BANK OF
AMERICA, N.A. TO PROVIDE THE CITY WITH A LOAN IN
THE AGGREGATE PRINCIPAL AMOUNT OF $6,555,000 TO
FUND THE COSTS OF VARIOUS CAPITAL ACQUISITIONS
AND IMPROVEMENTS RELATING TO PARKS,
RECREATION AND COMMUNITY CENTERS WITHIN THE
CITY; APPROVING THE FORM OF, AND AUTHORIZING
THE EXECUTION AND DELIVERY OF, A LOAN
AGREEMENT INCLUDING A REVENUE NOTE ATTACHED
THERETO WITH SAID BANK IN ORDER TO EVIDENCE
SAID LOAN; AUTHORIZING THE REPAYMENT OF THE
NOTE UNDER THE LOAN AGREEMENT ONLY FROM NON-
AD VALOREM FUNDS APPROPRIATED FOR SUCH
PURPOSE; DELEGATING CERTAIN AUTHORITY TO THE
CITY MANAGER AND CITY CLERK; AUTHORIZING THE
EXECUTION AND DELIVERY OF OTHER DOCUMENTS IN
CONNECTION THEREWITH; AND PROVIDING AN
EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA:
SECTION 1.AUTHORITY FOR THIS RESOLUTION. This Resolution is
adopted pursuant to the provisions of the Act (as defined herein).
SECTION 2.DEFINITIONS. When used in this Resolution, capitalized terms not
otherwise defined herein shall have the meanings set forth in the Loan Agreement (as defined
herein), unless the context clearly indicates a different meaning.
"Act" shall mean the Florida Constitution, Chapter 166, Florida Statutes, the
Ordinance and other applicable provisions of law.
"Bank" shall mean Bank of America, N.A., and its successors and assigns.
Resolution No. 2000-
Page 2
"Bank Proposal" shall mean the Bank's proposal dated October 20, 2000, attached
hereto as Exhibit A.
"City" shall mean the City of Aventura, Florida.
"City Clerk" shall mean the City Clerk of the Issuer or such person's designee.
"City Manager" shall mean the City Manager of the Issuer or such person's designee.
"Financial Advisor" shall mean Dain Rauscher, Inc.
"Loan Agreement" shall mean the Loan Agreement to be executed between the City
and the Bank, the form of which is attached hereto as Exhibit B.
"Note" shall mean the Revenue Note, Series 2000A to be executed by the City in
favor of the Bank, the form of which is attached to the Loan Agreement as Exhibit A.
"Ordinance" shall mean the Ordinance enacted by the City on the date hereof
authorizing the issuance of obligations to finance the Project, as it may be amended and
supplemented from time to time.
"Pledged Revenues" shall have the meaning assigned such term in the Loan
Agreement.
"Project" shall have the definition set forth in the Ordinance.
"Request for Proposal" shall mean the City's Request for Proposal dated October 4,
2000.
The words "herein," "hereby," "hereto," "hereof," and any similar terms shall refer to
this Resolution. Words importing the singular number include the plural number, and vice
versa.
SECTION 3.FINDINGS. It is ascertained, determined and declared:
Resolution No. 2000-
Page 3
(A) That there is presently a need to acquire, construct and equip the Project as
more particularly described in the Ordinance.
(B) That in response to the City's Request for Proposal, the Bank submitted its
proposal to provide the City with a loan in the aggregate amount of $6,555,000 to finance all
or a portion of the costs of the Project, all as more particularly described in the Loan
Agreement.
(C) That amounts borrowed under the Loan Agreement shall be repaid solely from
Pledged Revenues in the manner permitted under the Ordinance and to the extent set forth in
the Note and the Loan Agreement and the ad valorem taxing power of the City will never be
necessary or authorized to the pay said amounts.
(D) That it is not reasonably anticipated that more than $10,000,000 of tax-exempt
obligations under Section 265(b)(3) of the Code will be issued by the City in calendar year
2000.
SECTION 4. RESOLUTION TO CONSTITUTE CONTRACT. In consideration
of the purchase and acceptance of the Note authorized to be issued pursuant to this
Resolution and the Loan Agreement by those who shall be the Noteholders from time to time,
this Resolution shall constitute a contract between the City and the Noteholders.
SECTION 5.ACCEPTANCE OF PROPOSAL. The City Manager, on behalf of the
City and in accordance with the terms of the Resolution adopted by the City on October 3,
2000 and in reliance on the advice of the City's Financial Advisor, has determined that the
Bank Proposal is in the best interest of the City considering the interest rate, term, costs and
expenses, covenants, prepayment features and other terms contained therein, and that it
complies in all respects with the Request for Proposals. The City hereby accepts the Bank
Proposal, attached as Exhibit A hereto, to provide the City with a loan in the aggregate
amount of $6,555,000.
SECTION 6.APPROVAL OF FORM OF LOAN AGREEMENT. The Loan
Agreement, in substantially the form attached hereto as Exhibit B, is hereby approved. The
City hereby authorizes the City Manager and the City Clerk to execute and deliver on behalf
of the City the Loan Agreement, with such changes, insertions and additions as the City
Manager may approve, their execution thereof being evidence of such approval.
3
Resolution No. 2000-
Page 4
SECTION 7. LIMITED OBLIGATION. The obligation of the City to repay the
Note under the Loan Agreement is a limited and special obligation payable from Pledged
Revenues solely in the manner and to the extent set forth in the Loan Agreement and shall
not be deemed a pledge of the faith and credit or taxing power of the City and such obligation
shall not create a lien on any property whatsoever of or in the City other than Pledged
Revenues.
SECTION 8.APPROVAL OF NOTE. In order to evidence the loan under the Loan
Agreement it is necessary to provide for the execution of the Note. The City hereby
authorizes the City Manager and the City Clerk to execute and deliver on behalf of the City
the Note in substantially the form attached to the Loan Agreement as Exhibit A, with such
changes, insertions and additions as the City Manager may approve, their execution thereof
being evidence of such approval. Because of the characteristics of the Note, prevailing
market conditions and additional savings to be realized from an expeditious sale of the Note,
it is in the best interest of the City to negotiate with the Bank to purchase the Note at a
private negotiated sale. Prior to the issuance of the Note the Issuer shall receive from the
Bank the disclosure required by Section 218.385, Florida Statutes.
SECTION 9.GENERAL AUTHORIZATION. The City Manager, the City Clerk,
the Director of Finance Support Services and other employees or agents of the City are
authorized to execute and deliver such documents, instruments and contracts, and are
authorized and directed to do all acts and things required by this Resolution as may be
necessary to effectuate the purpose and intent of this Resolution.
SECTION 10. REPEAL OF INCONSISTENT DOCUMENTS. All
ordinances, resolutions or parts of each in conflict with this Resolution are superseded and
repealed to the extent of such conflict.
SECTION 11. EFFECTIVE DATE. This
immediately upon its adoption.
The foregoing Resolution was offered by Commissioner
its adoption. The motion was seconded by Commissioner
vote, the vote was as follows:
Resolution shall take effect
, who moved
and upon being put to a
Commissioner Arthur Berger
Commissioner Ken Cohen
Commissioner Harry Holzberg
4
Resolution No. 2000-
Page 5
Commissioner Jeffrey M. Perlow
Commissioner Patricia Rogers-Libert
Vice Mayor Jay R. Beskin
Mayor Arthur I. Snyder
PASSED AND ADOPTED THIS 14TH DAY OF NOVEMBER 2000.
ATTEST:
ARTHUR I. SNYDER, MAYOR
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
CITY ATTORNEY
EXtlIBIT A
BANK PROPOSAL
November 15, 2000 $6,555,000.00
CITY OF AVENTURA, FLORIDA,
REVENUE NOTE, SERIES 2000A
(BANK OF AMERICA, N.A.)
KNOW ALL MEN BY THESE PRESENTS that the City of Aventt~ Florida (the "Issuer"~ a
municipal cotpot~on of the Stale of Florida created and exkq/ng ptamant to the Constitution and the laws
of the Slate of Florida, for value received, promises to pay solely fiom the sources hereinafter provided,
to the order of Bank of America, N.A. or registered assigns (hereinat~, the '2qoteholder"), the principal
stun of $6,555,000 or such lesser amount as shall be outstanding heaeunder, together with irOn-est on the
principalbalance outstanding at the rate of % per ~amum subject to adjustment as hem/nailer provider[
All computations of interest on this Note shall be based upon a year of 360 days consisting oftwelve 30-
day mo-th~
Principal of and interest on this Note are payable in lawful money of the United States of America
at such place as the Noteholder may designate to the Issuer.
Interest on the outstanding principal balance of this Note shall be due and payable in anears, on
the fast day of each md every April and October, commencing April 1, 2001, to and including the Final
Mah ~ity Date (hereinafter defined). Installments of principal on this Note shall be payable on the first day
of each October, commencing Octo~ 1, 2001, in the amounts set fonh on Exhibit A attached hereto.
unconditionally due and payable in full on October 1, 2020 (the '~Final Maturity Date"). All paymems by
Ibe Issuer pursuant to this Note shall apply first to accrued interest, then to other charges due the
Noteholder, and the balance thereof shall apply to the principal sum due.
As used in this Note,
(1) "Code" means the lntemal Revenue Code of 1986, as amended, and any Treasury
Regulations, whether temtxnary, proposed or final, promulgated thereunder or applicable thereto;
(2) '~:termination of Taxability" shall mean interest on this Note is delermined or
declared by the Imemal Revenue Service to be iuclndable in the gross income of the Noteholder
for federal income mx purposes under the Code.
(3) 'gAaximanCorporate Tax Rate" shall mean the highest matgiml rate ofthe United
States Federal Income Tax applicable to the taxable income of corporations, without regard to any
increase in tax designed to nonmlize the rate for all income at tbe highest marginal tax rate, which
rate onthe date hereof is 35%.
Upon the occurrence of a Determination of Taxability, the interest rate on this Note shall be
adjusted to a rote equal to 154% of the interest rate otheawise home hereby (the "Adjusted Interest Rate")
calculated onthe basis of a 360-day year consisting of twelve 30-day months, as of mad from the date such
Deleaminalion of Taxability would be applicable with respect to this Note (the "Accrual Date"); md (a) the
Issuer shall on the next interest payment dale hereon pay to the Noteholder, or any former Noteholder, as
may be appropriately allocated, an amount equal to the sum of (i) the difference between (A) the total
iraerest that would have accrued on this Note at the Adjusted Interest Rate from the Accnml Date to the
da~ of the I)~t~J. ,inafion of Taxability, and (B) the actual interest paid by the Issuer on this Note from the
Accrual Date to the date of Determination of Taxahlity, and (ii) any intea,est and penalties required to be
paid as a result of any additional Slate of Florida and federal income taxes impo. sed upon such Noteholder
and/or former Noteholder arising as a result of such Determination of Taxability; and (b) ~ and after the
date ofthe Determination of Taxability, this Note shall continue to bear interest atthe Adjusted Interest
Rate for the period such determination continues to be applicable with respect to this Note. This
adjus~nent shall survive payment of fids Note unfl such time as the federal statute of limitations under which
the interest on this Note could be declared taxable onder the Code shall have expired.
In the event ~ the Maximum Corporate Tax Rate is decreased from 35°& then t?om and a~r
the dale of such decrease, the interest rate otherwise bome by this Note shall be adjusted to a product
obtained by multiplying the interest rate otherwise borne by this Note by a fraction, the numerator of which
is 1 minns the Maximum Cottxaate Tax Rate as decamsed, and the denominator of which is .65.
The principal of and interest on this Note may be prepaid at the option of the Issuer in whole or
in part at any time. ~ents of principal shall be applied to the scheduled installmenls of principal
In addilion to principal, interest and any other amounts due under this Note, the Issuer shall on
demand pay to the Noteholder any "Breakage Fee" due hereunder for each Break Event "Break Event"
means any volontary or raandatrrff prepayment or acceleration, in whole or in part, ofpdndpal of this Note
occmx'h~g prior to the date such prindpal would, but for that prepayment or acceleration, have become due
("Scheduled Due Date"). For each date on which a Break Event occurs ("Break Date"), a Breakage Fee
~ be due only if the rate under "A"below exceeds the rate under "B" below and shall be delemfined as
follows:
Breakage Fee = the Present Value of ((A-B) x C ) +LlBOR Breakage, where:
A rate per annum equal to the sum of(i) the bond equivalent yield (bid side) of the U.S.
Treasmy secmity with a maturity closest to the Final Maturity Dale as repomxt by The
Wall Street Journal (or other published source selected by the Noteholder) on the dale the
inifal interest vale on this Note was set (which was November 14, 2000) ("Lock In Date"),
plus (ii) the corresponding swap spread of Noteholder on the Lock In Date for a fixed rate
payor to pay Noteholder the fixed rate side of an ime~st rate swap of that maturity, plus
(iii) .25%.
A rate per aammn equal to the stun of (i) the bond equivalent yield (bid side) oftbe U.S.
Treasmy security with a malufity closest to tbe Final Matmity Date as reported by lhe
Wall Slreet Journal (or other published source selected by the Noteholder) on the Break
Date, plus (ii) the corresponding swap spread that Noteholder determines another swap
dealer would quote to Noteholder on the Break Date for paying to Noteholder the fixed
rate side of ~ imerest rate swap ofthat matmity.
C- The svan ofthe products of (i) each Affected Principal Amount for each Affecled Principal
Period, times (ii) the number of days in that Affec~ecl Principal Period divided by 360.
"Affected ~ Amounf' for an Affected Principal Period is the principal amount of tiffs Note
scheduled to be outstanding on the Break Date before giv~g effect to the Break Event on that Break Dale,
md for m~y prepayment; multiplying each such principal amount times the Prepayment Fraction.
"Affecled Principal Period" is each period from and including a Scheduled Due Date to but
excluding the next succeeding Scheduled Due Date, provided that the fnst such period shall begin on and
includes the Break Date.
'~at~or Breakage" is any additional loss, cost or extxa~se that the Noteholder may incur with respect
to any hedge for the fixed rate ofthis Note based on the difference between the London Interlink Offered
Rate (for U.S. dollar deposits ofthe relevant maturity) available in the London Inteahmk Manket as of the
Lock-in Dale and that which is available in that market on the Break Date.
amount of this Note outstanding immediately prior to that prepayment on the Break Date.
"Present Value" is detomined as of the Break Date usin~g "B" above as lhe discount rate.
Breakage Fees are payable as liquidated damages, are a reasonable pre-e,~mate of the losses,
costs and expenses Noteholder would incur for my Break Event, me not a penalty, will not requhe claim
for, or proof ot~ actual damages, and Notehold&s delonninafion thereof shall be conclusive and binding
in the absence of manifest error. For any Break Event occurring after the date of this Note, the foregoing
Breakage Fee provisions supersede any breakage compensation agrexanent that Issuer and Noteholder
may have executed with respect to this Note.
Upon the occmrence of an Evera of Default (as defined in the Loan Agreement), then the
Noteholder may declare the entire debt then remaining un~d hereunder immediately due and payable, md
any such default and acceleration the Issuer shall also be obligated to pay (but only ~ the Pledged
not made within fen (10) days after it is due, then the Issuer shall also be obligated to as p~t of the
indebtedness evidenced by this Note a late payment fee in the ~nount of 5% of the delinquent payment,
which late payment fee shall be due and payable immediately.
Interest atlhe lesser of 18% per mnum orlhe maximum lawlhl rate pea- amann shall be payable on
fi~e entire princ'~ml baltmce owin~g hereunder from and atter the occmreace of and during the continuation
of an Event of Default
~ae Issuer to rite extent permitled by law hereby waives presenlment, demand, protest and notice
of dishonor.
THIS NOTE AND THE INTEREST HEREON DOES NOT AND SHAll, NOT
CONSTmJTE A ~ INDEBTEDNESS OF THE ISSUER WITHIN THE MEANING OF
ANY CONSTITUTIONAL PROVISION OR STATUTORY LIMITATION BUT SI-IAI 1, BE
PAYABLE SOl ,F,I ,Y FROM THE MONEYS AND SOURCES PLEDGED THEREFOR. NEITHER
THE FAITH AND CRED1TNORANY AD VALOREM TAXING POWER OF TIlE ISSUER, THE
STATE OF FLORIDA ORANY POLITICAL SUBDIVISION THEREOF IS PLEDGED TO TIlE
PAYMENT OF THE PRINCIPAL OF OR INTEREST ON THIS NOTE OR OTHER COSTS
duly adopted by lhe Issuer on November 14, 2000, as from time to time amended and supplemented
(herein referred to as the '~ote Resolution"), and (c) a Loan Agreement, dated of even dale hemwilk
between the Issuer and the Noteholder (lhe "Loan Agreement") ~d is subject to all the lenns and
conditions of the Ordinance, Note Resolution a~xl Loan Agreement. All term% conditions and provisions
ofthe Ordinance, Note Resolution and Loan Agreement are by lhis reference thereto incorporated heroin
as apart ofhhis Note. Terms used herein in capitalized form radnor oflam,fise defined herein shall have
the meanings asc~,d lhemto in the Ordinance, Note Resolution and Loan Agreement
This Note is payable solely from and is secured by a lien upon and pledge of the "Hedged
Revenues" as described in the Loan Agreement. Notwilhslanding any other provision of this Note, the
monelarily liable in connection herewith from ~ay propmy other than lhe Pledged Revenues.
This Nole may be exchanged or transferred by the Noteholder hereof but only upon the registration
books maintained by the Issuer and in he manner provided in the Note Resolulion~
4
It is hexeby certified, reciled and declared that all acls, conditions and prerequisites required to
exist, happen and be performed precedent to and in the executkm, delivery and liae issuance oflhis Nole
do exist, have happened and have lxxm performed in due lime, form ~d manner as required by law, and
IN WITNESS WHEREOF, lhe City of Aventura, Horida has caused this Note to be executed
in its n~me by the manual signatme of its City Manager and atlested by the m~ual signatme of its City
Clerk all this 15th day of November, 2000.
CITY OF AVENIUR& FLOR1DA
Eric M. S~roka, City Manager
Attest:
Teresa M. Soroka, CMC, City Clerk
APPROVED AS TO FORM AND LEGAL
SUFFICIENCY:
City Attomey
PRINCIPAL INSTAI,I,MENTS
Year
(October
1)
Year
2001 $220,000 2011 $295,000
2002 190,000 2012 310,000
2003 200,000 2013 325,000
2004 210,000 2014 345,000
2005 220,000 2015 360,000
2006 235,000 2016 380,000
2007 245,000 2017 395,000
2008 255,000 2018 415,000
2009 270,000 2019 435,000
2010 285,000 2020 965,000
FORM OF LOAN AGREEMENT
DRAFT #1:11/7/00
23504.E
LOAN AGREEMENT
lhis LOAN AGREEMENT (the "Agreement") is made and entered into as ofNovember 15,
2000, by and between City of Aventura, Horida, a municipal corpomhon ofthe Stale of Hofida, and its
successors and assigns (the '~uer"), and Bank of America, N.A., a national banking association, and ill
successors and assigns as hold. s) of the heminaRer defined Note (the "Bank");
WHEREAS, the Issuer did, on November 14, 2000, enact an Ordinance (the "Ordinance")
atahofizing among cther ~hings the issuance of not to exceed $6,750,000 in aggregate principal amount
of obligations of the City to finance all or a pocdon of the costs of the Pmjeet (as defined below) and
providing for a covenant to budget and appropriate legally available Non-Ad Valorem Funds each ye~
to pay the prindpal ~ redemption premium, ffany, and interest on the obligations; and
Wl~REAS, the Issuer did, on November 14, 2000, adopt a Resolution (the '~Note Resolution")
authraffing among other lhings the issuance of a Promissory Note of the Issuer inthe aggregate principal
amount of $6,555,000 (the '~Note") for the prima~ pu~se of financing certain of the costs of the Project;
WllEREAS, the Issuer hereby determines that it is desirable and in the best imerest of the Issuer
to enter into this Agreement whereby the Issuer will borrow funds from the Bank for the purpose of
fmandng the costs of the Project. makin~ a deposit to the hereinat~ defined Reserve Fund and paying the
costs of issuance the Note (the "Loan") and to evidence the obligation of the Issuer to repay such Loa~L
The Issuer will issue and deliver the Note to the Bank in the aggregate principal amount oflbe Loan; and
WHEREAS, the Note shall be issued pursuant to the terms and provisions of the Ordinance, the
Note Resolution and this Agreemenl; and
VfHEREAS, the execulion and delivery ofthis A~reement have been duly aulhofized by the Note
Resolution
NOW, THEREFORE, the parties hereto, intending to be legally bound hereby and in
consideration ofthe mutual covenants hereinat~- contained, DO HEREBY AGREE as follows:
ARTICLE I
DEFINITION OF TERMS
SECTION 1.01 DEFINITIONS. ThewordsandtermsusedinthisAgreementshallhavelhe
meanings as set forth in the Note Resolution and in the recitals above, unless othowiso defined herein.
Unless the context shall otbetwise require, the followin~ words and tenns as used in this Agreement shall
have the following meanings:
"Agreement" shallmeanthis Agreemeut and any and all modificalions, alterations, amendments
and supplements here~ made in accordance with the provisions hereof.
"City Clerk" shall mean the Clen~ of the Issuer or such person's designee.
"City Manager" shall mean the City Manager of the Issuer or such person's designee.
"Code" shall mean the Internal Revenue Code of 1986, as amended, and any Treast~
Regulations, whether tengnnaw, proposed or final, promulgated thereunder.
"Event of Default" shall mean an event of default specified in Article VII oflhis Agreement
"Final Maturity Date" shall mean October l, 2020.
"Finance Director" shall mean the Finance Support Services Director of the Issuer or such
person's designee.
"Interest Rate" means
"Loan" shall mean the outstandin~ principal amount of the Note issued hereunder.
"Loan Documents" shall n~m this Agreement, the Ordinance, the Note, the Note Resolution
described, referenced herein or executed or delivered ptnstt~ hereto or in connection with or arising with
the Loans or the transaction contemplated by this Agreement
"Non-Ad Valorem Fonds" shall me~ all reveames of the Issuer derived from any sotnm other
than ad valorem taxation on real or personal property, which ate legally available to make the payments
required under this Agreement but only after provision has been made by the Issuer for the payment of all
essential or legally mandated services.
2
"Noteh older" shall mean lbe Bank as the holder of the Note, or any other registered holder of
the Notes.
"Pledged Revenues" shall mean (a) the amounts on deposit in thc Reserve Fund, (b) to the
extent provided in Section 3.09 of this Agreement the Non-Ad Valorem Funds, and (c) any revenue source
pledged to the repayment of the Note pursuant to Section 3.04 of Ih. is Agreement.
"Project" shall me~ the acquisition ofland for public parks, recreation and community centers
and the acquisition, construction, equipping and installation of various capital improvemenls as more
particularly described in the plans and specifications on file with the Issuer.
"Reserve Fund" shall mean the Reserve Fund created pumuant to Section 3.08 of lifts
Agreement.
Reserve Fund Requirement" means $500,000.
SECTION 1.02 INTERPRETATION. Unlessthe context clcaflyrequires ~,words
ofmasculine gender shall be conslmed to include conelative words of the feminine and neuter gendem and
vice versa, and words of the singular rmmber shall be cons~ed to include correlative words oflhe ploral
mnnber and vice vers~ This Agreement and all the term~ and provisions hereof shall be conslmed to
effectuate the purposes set forth herein and to sustain the validity hereof.
SECTION 1.03 TITLES AND HEADINGS. ]he titles and headings of the articles and
sections of this Agreement have been inse~Ied for convenience of reference only and are not to be
considered a part bereol~ shall not in any way modify or resaict any ofthe terms and provisiens hereof, and
shall not be considered or given any effect in constmin~ this Agreement or any provision hereof or in
ascealaining intent, if any question of intent should arise.
REPRESENTATIONS OF ISSUER
The Issuer represenls and waxants to the Bank that:
SECTION2.01 POWERS OF ISSUER. Thelssuerisapolitical sulxtivisiondulyon,,:~afized
and valiclby existing as a mtmicipal corporation under the laws of the State of Hotida~ The Issuer has the
power to bonow the amount provided for in this Agreement, to execme and deliver the Loan Documents,
to secure the Note m the manner contemplated hereby, and to perform and observe all the terms and
conditions of the Note andthis Agreement onilsparttobeperformedandobserve& The lssuer is orwill
be within the time required by law empowered to commence and prosecute the Project and the Issuer may
lawfully issue the Note in order to finance the cosls of the Project
3
SECTION 2.02 AUTHORIZATION OF LOAN. The Issuer has had or will have, as thc
case may be, full legal fight, power, and authority to adopt the Ordinance, the Note Resolution and to
execute and deliver tiffs Agreement, to issue, sell, and deliver the Note to ;he Bank, and to cony out and
will comply with all provisions of at0plicable law m all malmal matters relaling to such wansaclions. The
Issuer, by the Ordinance and Note Resolution, has duly authorizedthe borrowing ofthe amoont provided
for in lhis AgreemenL the execution and delive~ of ~ Agreement, and the making and deliveay of the
Note to the Bank provided for in this Agreemont mad to that end the Issuer wanants that it will take all
action and wiI1 do all things which it is authorized by law to take and to do in order to fiflfill all covenants
on its part to be performed and to provide for and to assure payment of the Note. The Issuer has duly
enacted or adopted, astbe casemay be, the Ordinance andNote Resolution and anthofized tbe execution,
delivery, mad performance of the Note and this Agreement and the taking of any and all other such action
as may be required on the part of the Issuer to carry out, give effect to and consummate the uansactions
contemplated by the Loan Documents. The Note has been duly m~hofized, execuled, issued and delivered
to the Bank and constitutes the legal, valid and binding obligation of the Issuer enfo~rx~able in accordance
with ils terms, and is entitled to the benefits ~md secmity of this Agreement All approvals, consents, and
orders of and filings with any gowmmental attthority or agency which would constitute a condition
precedent to the issuance of the Note or the execution and delivew of or the performance by the Issuer
ofits obligations onder the Loan Documents have been obtained or made and any consents, approvals, and
orders to be received or filings so made are in full fome and etfect
SECTION 2.03 AGREEMENTS. To the best knowledge of the Issuer, the making and
perfonning by the Issuer of this Agreement will not violate any provision of the Act; or any bond or note
resolution of the Issuer, or any regulation, order or decree of arty mutt, and will not result in a breach of
any of the terms of any agreement or instrument to which the Issuer is a pmty or by which the Issuer is
bound. The Loan Documents constitute legal, valid and binding obligations of the Issuer enfon:eable in
accordance with their respective
SECTION 2.04 LITIGATION, ETC. There are no actions or proceedings pendin~ a~inst
the Issuer or affecting the Ismer or, to the knowledge of the Issuer, threatened, which, either in any case
or in the aggregate, might result in any material adveme change in the financial condition of the Issuer, or
which questions the validity of this Agreement; the Note or any of the other Loan Docmnents or of any
is not in default in any mamfial respect under any agreement or other instmmont m which it is apatty or by
which it may be bound.
SECTION 2.05 FINANCIAL INFORMATION. ~e financial information ragarding the
Issuer furnished to the Bank by the Issuer in connection with the Loan is complete and aecurate, and there
has been no material and advense chan4;e in tbe financial condition of the Issuer from that presented in such
information. The Issuer will cause an audit to be comple~xl ofits books and acctan~ and shall fi~ni~h to
the Noteholder audited yem'-end financial statements of the Issuer cerlified by an independent ceflified
4
public accountant acceptable to the Noteholder to the effect that such audit has been conducted in
accordance with generally accepted auditing standards and stating whether such financial statmaents pmsem
fairly in all material respects rite financial posilion of the Issuer and the results of its operations and cash
principles applied on a consistent basis. The Issuer shall adopt an annual budget as reqtm~ by law. The
Issuer shall provide the Noteholder with (a) a copy of its annual operating budget for each fiscal year
ending after September 30, 2001 promptly (but no later than sixty (60) days) after it is adopted, and (b) its
audited financial statements for each fiscal ye~ ending after September 30, 2000 within two hundred
seventy (270) days after the end thereof accompanied by a cea/ficate signed by an authorized officer of
the Issuer stating whether the Issuer is in compliance with all representations, warranties and covenants of
Ibe Issuer in tbe Note and in this Agreemenl; and ffnot, idmfifying fi~e nature of such non-compliance. The
Issuer acknowledges and agrees that the Bank's alnlity to monitor and evaluate the status of the Loan is
dependent upon the ]sst~s timely pro~ding financial information required herein.
SECTION2.06 SECTION 265 DESIGNATION OF NOTE. Thereasonablyanticipated
~nount of lax-exempt obligations ( other than obligations described in clause (ii) of Section 265(b X 3 XC )
of the Code) which have been or will be issued by the Issuer during calendar year 2000 does not exceed
$10,000,000. There are no entities which are subordinate to or which issue obligations on behalf of the
Issuer. The Issuer hereby designates the Note as a "qualified tax-exempt obligation" for purposes of
Section 265(bX3XB)(i) of flae Code. The Issuer hereby covenants and agrees not to take any action or
to fail to rake any action if such action or failure would cause the Note to no longer be a "qualified tax-
exempt obligatior~"
ARTICLE m
COVENANTS OF THE ISSUER
SECTION 3.01 AFFIRMATIVE COVENANTS. TbeIssuercovemnts, for so long as any
oflhe principal amount of or intel~o~st on tbe Note is o~ and unpaid or any duty or obligation ofthe
Issuer hereunder or under any of the other Loan Documents remains unpaid or unpeffonned, as follows:
(a) Payment The Issuer covenar~ls that it shall duly and punctually pay the ~ of the
Note and the interest thereon at the dales and place and in the manner (and subject to the limi~alions)
provided herein and in the Note according to the tree intent and meaning thereof.
(b) Use ofProceeds. Tbe Issuer covenants hhat tbe proceeds fi~om the Note will be used only
for costs of the Project, to fund the Rese~e Fund and to pay costs of issuing he Note.
(c) Notice of Defaulls. The Issuer shall within ten (10) days after it acquires knowledge hereof,
notify the Bank in wrY/nE upon the happening occmrence, or existence of any Event of Default, and any
event or condition which with the passage of lime or giving of notice, or both, would cons~tule m Event
of Default, and shall provide the Bank with such written notice, a detailed statement by a responsible officer
of the Issuer of all relevant fac~s and the action bein~ taken or proposed to be taken by the Issuer with
respect thereto.
(e) Records. The Issuer agrees that any and all records of the Issuer with respect to the
Pledged Revenues, the Project and/or the Loan Documents shall be open to inspection by the Bank or its
representatives at all reasonable times at the offices the Issuer.
SECTION 3.02 NEGATIVE COVENANTS. The Issuer covenants, for so long as any of
the principal amount of or ~ on the Note is outstanding and tmpaid or any obligations of the Issuer
trader any of the Loan Documents remain unpaid or unperformed, that
(a) The Issuer shall not alter, amend or repeal the Ordinance or Note Resolution, or take any
action impairing the anthority thereby or hereby given with respect to the issuance and payment of the Note,
without prior written approval of the Noteholder.
(b) ~lhe Issuer shall not pledge or encmnber the Pledged Revenues except m cotmeclion with
indebtedness permitted by Section 3.06 hereof.
SECTION 3.03 INCORPORATION OF NOTE RESOLUTION. Allrepresentalions,
covenants and warranties of the Issuer contained in the Note Resolution are incorporated herein by
reference to the same extent as if set forth verbatim herein and conslimte pm ofthi~ Agreement.
SECTION 3.04. DEBT SERVICE COVERAGE RATIO. For so long as any of the
principal amount of or interest on the Note is oulstanding and unpaid or any obligations of the Issuer under
Coverage R~alio" of at least 2.50:1.00 for each fiscal year ofthe Issuer. The Debt Service Coverage Ratio
for each fiscal yet~ will be calculated based upon the audited financial statements oftbe Issuer, and will be
the ratio ofthe total Non-AdValorem Funds ofthe Issuer that conldlawfully be used to pay laincipal and
interest on the Note divided by the total principal and interest payments (whether on the Note or otherwise )
paid from tach Non-Ad Valorem Funds. In the event that the Issuer fails to maintain a Debt Service
Coverage Ratio of at least 2.50:1.00 for any fiscal year, then the Issuer shall identify a lawfully available
Non-Ad Valorem Fund revenue meam, or a combination or such revenue slreams, which in and ofilselt~
would have produced a Debt Service Coverage Ratio (takin~ into account only the payments of principal
and interest on tbe Note) of2.50:1.00 or greater during the most recently completed fiscal year and which
shall otherwise be reasonably acceptable to the Bank, and shall by resolution pledge such revenues to
repayment of the Note. Altemafively, the Issuer shall prepay all or such portion of the principal of the Note
6
as shall reduce the debt service on the Note to such level so that the ratio of the Non-Ad Valorem Fonds
of the Issuer flint could lawfully be used to pay principal and interest on the Note for the most ~ecently
concluded fiscal year, to the principal and interest payments (whether on the Note or otherwise) payable
from Non-Ad Valorem Funds for such fiscal yezx, mimls ~ actual ~ and illgel~st paymellts on the
Note for such fiscalyem, plus the maximum annual principal and interest payments scheduled to become
due on the Note in any fiscal ye~ after such prepayment; would not have been less than 2.50:1.0ff
SECTION 3.05. BANK FEES AND EXPENSES. The Issuer hereby agrees to pay the
fees and expenses of cotmsel to the Bank in mon with the issuance of the Note in the amonrg of
$4,500.00, plus reasonable out of pocket expenses, said umouat to be due and payable upon the issuance
of the Note.
SECTION 3.06. MISCELLANEOUS COVENANTS AND REPRESENTATIONS.
(a) ~lbe Issuer shall not hereafter incur any indebtedness payable from any Non-Ad Valorem
Funds source which could, but for such furore indebtedness, be lawfully used to pay principal of or interest
on the Note (any and all such indebtedness, whether nor existing or incurred in the future, is referred to as
"Competing Debf'), unless the amount of tach Non-Ad ValoremFunds received by the Issuer during the
twelve complete months most recently concluded prior to the issuance of the such C ompain~ Indebtedness
equals or exceeds 250% of the maximum amount of principal and intete~ scheduled to be payable on the
Note mad all Compatin~ Debt (included the proposed debt) during the then cunenI or may future period
of twelve consecutive months, and the City Manager or Finance Direc~ of the Issuer certifies m wdiing
to the Bank that the to the best of his or her knowledge no event has occurred which would cause him or
her to betieve that the amouat of suchNon-AdValorem Fonds to be received in any future period of twelve
consecutive months would be less than 250O/O of the amount of principal and inleaest scheduled to be
payable on the Note ~md all Compelin~g Debt during such twelve month perio& For purposes of calculating
the foregoing if any such indebtedness bears a variable rate of interest, then the interest rate on such
indebtedness shall be assumed to be the lowest of (i) the highest ac~aml interest rate beme by such
indebtedness at any time since the date of issuance thereof; (ii) 12% per armum for taxable debt and 8%
for tax-exempt debt and {'di) if the Issuer ~hall have enmred into an interest rate swap or interest ram cap
or shall have taken any other action which has the effect of fixing or capping the interest rate on such
indebtedness for the entire term thereot; then such fixed or capped rate.
(b) Tbe Issuer shall invest only in obligatiom permit~axl by Florida law.
(c) qbe Issuer shall not dispose of any ofits assets other than in the ordinmy comse ofbusiness
without the lmor written consent of the Bank.
provide evidence of such coverage to the Bank.
(f) The Issuer is in compliance with and shall comply with all material applicable federal, state
and local laws and regulato~ requirements.
(g) In the event the Note, this Agreement or any other Loan Document should be subject to
the excise tax on documents orthe intang~e personal property tax ofthe Stale of Hofida, the Issuer shall
pay such taxes or reimburse the Bank for any such taxes paid by it.
(h) The Issuer shall not loma money or make advances or other extensions of credit to other
persons or enlilies.
[SECTION 3.07. AUTOMATIC PAYMENT PROCEDURE. The Issuer hereby
authorizes the Bank to auttnnatically deduc~ from the Issuers account with the Bank numbered
the amount of may payment due fiom the Issuer to the Bank under the Note or other Loan Documents when
due. If the funds in the account are insufficient to cover any payment, the Bank shall not be obligated te
advance funds to cover the payment At may time and for any ~ the Issuer or the Bank may
volumarily terminate the mc l~2nner~s provided for herein by written notice delivered to the other.]
SECTION 3.08. RESERVE FUND. The Issuer agrees to establish the Reserve Fund and
to maintain the amount on deposit tberein in an amount equal to Reserve Fund Requirement. To tbe extent
the amount on deposit in the Reserve Fund exceeds the Reserve Fund Requiremenh the Issuer shall apply
the excess to payment of debt service on the Note or for any lawflxl pullx~ ofthe Issuer. To the extent
the amount on deposit in the Reserve Fund is less than the Reserve Fund Requirement, then the Issuer
agrees to restore the amount un deposit in [he Reserve Fund to the Reserve Fond Requirement from the
fast Non-Ad Valorem Funds available for such purpose after making all requh~xl paymonts onthe Note,
and in ally event wflhin twelve (12) months after the da~e such detidency flint occurred. Amoonts on
deposit in the Reserve Fund to the extent of the Reserve Fund Requirement shall be used, and may only
be used, to make payments of principal of and interest on the Note to the extent the other Pledged
Reveames ofthe Issuer me insufficient for such ptapose. The Reserve Fund is not required to be a sepmam
bank accoun[ but lbe Issuer must maintain adequate accounling records to determine the existence of the
Reserve Fund and the amount on deposit therein. The Issuer will value the amount on deposit in the
Reserve Fund at least as otka as once in each period of twelve (12) consecutive months.
SECTION 3.09 COVENANT TO BUDGET AND APPROPRIATE. The Issuer
covenants that; so long as the Note shall remain unpaid, it will appropriate in its annual budget; by
mnendment, if necessary, flora Non Ad Valo~n Funds hwlhlly available in each fiscal year, mnounll
sufficient to pay the principal of~ redemption premium, if may, and interest on the Note and olhff obligations
under the other Loan Documents not being paid from other amounts as the same shall become due. Such
covemnt and agreement on the paxt of the Issuer to budget and applopl/~ such amounll of Non-Ad
ValoremFunds shall be cumulative to the exlent not paid, and shall continue until such Non-Ad Valorem
Funds or other legally available funds in amounts sufficient to make all such required paymenll shall have
been budgeted, appropfia~ and actually paid. Notwiflmmding the foregoing the Issuer has not
covenanted to maintain any services or programs, now provided or maintained by the Issuer, 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 Issuer lima pledging in the future its Non-Ad Valorem Funds, nor
shall it require the Issuer to levy and collect any particular Non-Ad Valorem Funds, nor shall it ghee any
Noteholder a pi/or claim on the Non-Ad Valorem Funds as opposed to claims of general creditors of the
Issuer. Such covenant to budget and appropri~ Non-Ad Valorem Funds shall be subject in all respects
to the payment of oblig~ons secured by a prior or future pledge of such Non-Ad Valorem Funds
(including the payment of debt service on bonds and other debt instruments). However, the covenmt to
budget and appropriate in ill anmlal budget for the purposes and in the xnmner stated in the Ordinance and
in this Agreement shall have the effect ofmaking Non-Ad Valonan Funds available for the payment ofthe
Note, and placing en the Issuer a positive duty to aPtropri~ and budg~ by amendment, ffnecessary,
Non-Ad Valorem Funds sufficient to meet ill obligations under this Agreement; subject, however, in all
respecll to the restrictions of Section 166.241(3), Florida Statutes, which provides, in prat, ltmt the
governing body of each mmi~ make appropf~aiens for each fiscal year which, in any one ye~, shall
not exceed the amount to be received fnma taxation or other reven~e some, es; and subject, fuahe~; to the
payment of services and programs which are for essential public purposes of the Issuer or which are legally
mandated by applicable law.
SECTION 3.10 COMPLIANCE WITH TAX REQUIREMENTS. The Issuer
covenanll and agrees, for the benefit of the Noteholders firrm lime to lime, to comply with the requi~nents
applicable to it contained in Section 103 and Part 1V of Subehapter B of Chapter 1 of the Code to the
extent necessmy to preserve the exclusion ofinlerest on the Note from gross income for fedelal income
tax purposes. Specifically, wifl~out intending to limit in any way tbe generalfly of the foregoing, the Issuer
(a) to pay to the United Slates of America from the funds and sources of revenues pledged
to the payment of the Note to the extent legally available, and from my olher legally available funds, at the
times required pursuant to Section 148(0 of the Code, the excess of the amount eamed on all non-purpose
investments (as defined in Section 148(f)(6) of the Code) (other than inveslments attributed to an excess
described in this senlence) over the amount which would have been earned if such nm-purpose investments
were invested at a rate equal to the yield on the Note, plus any income attributable to such excess,
compated in accordance with Section 148(f) of the Code (the '~ebale Amount");
9
(b) to mainlain and retain all records pertaining to and to be responsible for making or causing
to be made all del~'ninations and calculations ofthe Rebate Amount and nxluired payments ofthe Rebate
Amount as shall be necessmy to comply x~th the Code;
(c) to mfiain titan using proceeds ofthe Note in a mmmer that would cause the Note to be
classflied as a private activity bond under Section 141(a) of the Code; and
(d) to refiain tiom raking any action or omilling to take any action if tach action or omission
would cause the Note to become an arbiWage bond under Section 103(b) and Section 148 ofthe Code.
~ Issuer understands that the foregoing covenants impose continuing obligations on the Issuer
to comply with the requirements of Section 103 and Pat IV of Subehapter B of Chapter 1 of the Code
so long as such nxtuir~nents are applicable.
ARTICLE IV
REPRESENTATIONS OF BANK
The Bank represents and wananll to the Issuer thaC
SECTION 4.01 REPRESENTATIONS AND WARRANTIES OF THE BANK.
(a) ~ae Bank hereby represents, warrants and agrees that it is a national banking association
aultwrized to execute and deliver this Agreement and to perform ill obligations hereunder, and such
execution and ddive~ will not constitute a violation of ill charter, ardcles of incorporation or bylaws.
(b) Upon execution oflhis Agreement by the Bank, this Agreement shall consl/tute alegal, valid
and binding obligation of the Bank enforceable in accordance with its terms.
ARTICLE V
CONDITIONS OF LENDING
The obligations of the Bank to lend hereander me subject to the follow~ condilions laecedent:
SECTION 5.01 REPRESENTATIONS AND WARRANTIES. The represenlafions and
wananlies set forlh inthe Loan Docum~ are and shall be line and correct to the best of the Isst~s
knowledge on and as of the date hereof.
SECTION 5.02 NODEFAULT. On the date hereofthe lssuer shall be in compliance with
all the terms and provisions set forhh in the Loan Documents on its part to be observed or performed, and
10
no Event of Default nor any event ~ ~ notice or lapse of time or both, would constitute such an Event
of Default, shall have occuned and be contin, fing at such time.
SECTION 5.03 SUPPORTING DOCUMENTS. On orprior to the date hereot~ the Bank
shall have received & followin~ suppogdn~ documents, all of which shall be satisfaccaay in fonn and
substance to the Bank (such satisfaction to be evidenced by the purchase of the Note by the Bank):
adoption of the Ordinance and Note Resolution, which opinion shall be in form and substance safisfacaxy
to the Bank;
(b) The opinion ofNabors, Cfiblin & Nickerson, P.A., regarding or to the effect fha[ (i) the
due aufixnization, execution, deliveay, validily, and enforceahlity ofthe Agreement and the Note and the
duc adoption of the Ordinance and Note Resolution, (ii) the exclusion of interest on the Note from gross
income for federal income tax p~ (ih) the Note is not an item of tax prefewuce under Section 57 of
the Code, (iv) the Note and the income thereon are exempt from the Florida intangible personal property
tax and excise tax on documents and (v) the Note is a "qualified tax-exempt obligation" under Section 265
of the Code;
(c) Certified copies of the Ordinance md Note Resolution; and
(d) Such additional sutypo~g docannenls as the Bank may reasonably request.
THE LOAN; ISSUER'S OBLIGATION; DESCRIlrlION AND
PAYMENT TERMS; ADVANCES
SECTION 6.01 THE LOAN. The Bank hereby agrees ~o loan to the Issuer tbe amount of
$6,555,000 to be evidenced by the Note, to provide funds to finance certain of the costs of the Project,
to fund the Reserve Fund and to pay costs of issuance of the Note, utxm the terms and conditions set forth
inthis Agreement. The Issuer agrees to repay the ptindpal mnount borrowed pitts interest thereon, upon
the tenns and conditions set forth in the Loan Documents.
SECTION 6.02 DESCRIPTION OF NOTE. (a) The Note shall be bathe principal mnount
of $6,555,000, shall be designated as "City of Aventura, Florida Revenue Note, Series 2000A (Bank of
Amaica, N.A.)" to distinguish it from all otber promissory notes of the Issuer, shall be dated the date of
its execution and delivery, which shall be November 15, 2000 or such otber date agreed UlXm by the Issuer
and the Bank, and shall bear interest at the Interest Rate, subject to adjustment as provided in the Note,
comptaed on the basis of a 360-day year consisting of twelve 30-day moatks, and subject to the required
11
principal payments set forth below shall m~tme on the Final Maturity Dale. In, x-st shall be payable on
April 1 and October 1 ofeachyear, commencing onApnl 1,2001. TheNote shall be executed onbehalf
of the Issuer with the manual sig~a~ne of the City Manager, and shall be impressed with the official seal
of the Issuer, and be attested with the mmual signature of the City Clerk The Note may be pm'paid in
accordance with ~ terms. Principal of the Note shall be paid as follows:
Ye, ac Year
(October 1 ) Amo~ (October 1) Amoam
2001 $220,000 2011 $295,000
2002 190,000 2012 310,000
2003 200,000 2013 325,000
2004 210,000 2014 345,000
2005 220,000 2015 360,000
2006 235,000 2016 380,000
2007 245,000 2017 395,000
2008 255,000 2018 415,000
2009 270,000 2019 435,000
2010 285,000 2020 965,000
SECTION 6.03 REGISTRATION AND EXCHANGE OF NOTE; PERSONS
TREATED AS NOTEHOLDERS. So lan~ as the Note shall remain unpaid, the Issuer will keep
books for the registration and Iransfer of the Note. The Note shall be transferable only upon such
registration books. The Issuer will lransfer the registration of the Note upon written request of the
Noteholder specifying the nmae, arkhess and taxpayer identification number of the transferee, l'he person
in whose name the Note shall be xegist~mxt shall be deemed and regarded as the absolute owner thereof
for all purposes, and payment of principal and interest on the Note shall be made only to or upon the
written order of the Noteholder. All such payments shall be valid and effectual to satist~ and discharge the
liability upon the Note to the exlent of the sum or ~mg so paid.
SECTION 6.04 NOTE NOT TO BE INDEBTEDNESS OF THE ISSUER OR
STATE. The Note, when delivered by the Issuer pursuant to the terms ofthi~ Agreemera, shall not be or
constitute a general obligation or indelYaxtness of the Issuer, or the Stale of Hofida, or any political
sulxlMsion of the Stale of Florida, within Ibe meaning of any Constitutional, slatutoqv or other limitation of
indebtedness, but shall be a special obligationpayable solely as herein providec[ No Noteholder shall ever
have the right m compel the exercise ofthe ad valorem taxing power, if my, ofthe Issuer to pay the Note
or the inmt~'st thereon. NoneoftheLoanDocumenlscreatealienuponmyfiacilitiesoflhelssuer. Any
or give rise to any pemonal or pecmlimy liability or charge against the genelal credit of the Issuer, and in
12
~mge payable directly or indirectly from any rev~ues ofthe Issuer eda~ than the Pledged Revenues shall
arise therefixm
SECTION 6.05 NOTE MUTILATED, DESTROYED OR STOLEN OR LOST. In
case the Note shall become mutilated, or be destroyed, stolen or lost, the Issuer shall issue and ddiver a
new Note oflike tenor as the IX, Tole so mutilated, deslroyed, stolen or lost, in exchange and in substitution
for such mutilated Note, or in lieu of and in substitution for the Note destroyed, stolen or lost and upon the
Notebelder fi~mi~ting the Issuer proof of ownership thereof and indemnity reasonably satisfactory to rite
and paying such expenses as the Issuer may incur. The Note so surrendered shall be cmx~lec[
SECTION 6.06 ADVANCES OF FUNDS. The Bank and lhe Issuer agree that the Bank
has advanced to the Issuer as of this date ptnsuant to the Nole the sum of $6,555,000.
EVENTS OF DEFAULT
SECTION 7.01 GENERAL. An "Event ofDefaolt" sb~tll be deemed to have occmredunder
lhis Agreement ~fi
(a) lhe Issuer shall fail to make any payment ofthe prindpal of or m on the Loan wben
the sane shall become due and payable, whether by maturity, by acceleration at the discretion of the Bank
as provided for in Section 7.02, or otherwise; or
non~ with which is elsewhere specifically dealt with, which defanlt or non-compliance shall
continue and not be cured wflhin ~ (30) days after (i) notice thereof to the Issuer by the Bank; or (ii)
the Bank is noiitied of such noncompliame or shonld have been so notified pursuant to the provisions of
Section 3.01(c) of this Agreement, whichever is earlier, or
(c) any represenlalion or wammty made in writing by or on behalf of the Issuer in any Loan
Document shall prove to have been false or incorrect in any material respect on the date made or
13
(¢) ~qe Issuer is adjudged insolvent by a coort of competent jurisdiction, or it is adjudged a
bankrupt on a petition in bankruptcy filed by or against the Issuer, or an order, judgment or decree is
earned by any coua of enmpetent jurisdiction appoinling without tbe consent ofthe Issuer, a receiver or
trustee of the Issuer or of the whole or any part of its property, and if the aforesaid adjudications, orders,
judgments or decrees shall not be vacated or set aside or stayed within ninety (90) days from the date of
(f) The Issuer shall file a petition or answer seeking reorganization or any anangement under
the federal banknvpl~ laws or any other applicable law or statule of the United Stales of America or the
Sta~e of Florida; or
(g) The Issuer shall default inthe due and ptmctml payment or performance ofcovenanls under
any o~igation for the payment of money to the Bank or any other subsidiary or affiliate of Bank of America
Corporation, including but not limited to under any ~ Rate tSx~ection Agreement.
SECTION 7.02 EFFECT OF EVENT OF DEFAULT. Immediately andwilhout nolice,
upon the occunence of any Event ofDefault, tbe Bank may dedare all obligations ofthe Issuer under the
Loan Documents to be immediately due and payable whhout further action of any kind and upon such
declaration the Nole and the interest accrued thereon shall become immediately due and payable. In
of and exercise all other remedies available to it under the Loan Documents, the Act and any other
atyplicable law.
ARTICLE VHI
MISCELLANEOUS
SECTION 8.01 NO WAIVER; CUMULATIVE REMEDIES. No faili~e or delay on
the part of the Bank in exercisin~ any fight, power, remedy heretmder, or under the Note or other Loan
Documents shall operate as a waiver of the Bank's rights, powers and remedies hereunder, nor shall any
single or partial exercise of any such right, power or remedy preclude any olher or further exercise thereot~
or the exercise of may other right, power or remedy hereunder or thereunder. The remedies herein and
therdn provided are curnulalive and not exclusive of any remedies provided by law or in equity.
SECTION 8.02 AMENDMENTS, CHANGES OR MODIFICATIONS TO THE
AGREEMENT. This Agreement shall not be amended, changed or modified wifl~ut the prior written
consent ofthe Noteholders and the Issuer. The Issuer agrees to pay all ofthe Bank's costs and reasonable
attmneys' fees incurred in modifying and/or amending this Agreement at the Issuer's request or behest.
SECTION 8.03 COUNTERPARTS. This Agreement maybe execuled in any number of
cotmtetpms, each of which, when so executed ~md ddivered, shall be an original; but such counterparts
14
shall together constitute but one and the same Agreement; and, in making proof of this Agreemem it shall
not be necessmy to produce or account for more limn one such counterpart
SECTION 8.04 SEVERABILITY. Ifany clause, provision or section ofthis Agreement shall
be held illegal or invalid by any court, the invalidity of such clause, provision or section shall not affect any
other provisions or sections hereo£ and this Agreement shall be consaued and enforced to the end that the
transactions contemplated hereby be effected and the obligations contemplated hereby be enfo~v~l, as if
such illegal or invalid clause, provision or seaion had not been contained here~
SECTION 8.05 TERM OF AGREEMENT. Except as otherwLse specified in this
AgreemenI~ this Agreement and all representations, wananlies, covenanls and agreements contained hereto
the date hereof and shall continue in effect ;mtil as long as lhe Note is oulstanding.
SECTION 8.06 NOTICES. All notices, requesls, demands and other communications which
me required or m~ be given under this Agreement shall be in wfitinE and shall be deemed to have been
duly given when received ffpersonalIy deliven~l; when Irannnitled ff Irannnilled by lelecopy, declronic
telephone line fac~4mile Wansmission or other similar declmuic or digital transmission method (provided
sen4ce; and five days after it is senl~ if mailed, cerdfied mail, ~um receipt requested, pos~ge prepaid.
In each case notice shall be sent to:
If to the Issuer: City of Aventura
2999 N.E. 191st Street
Suite 500
Aventura, Horida 33180
Arm: Finance Suppoa Services Director
If to the Bank: Bank of America, N.A.
Conmaercial BankinE
100 S.E. 2nd Street - 15th Hoor
Miartfi, Horida 33131
Attn:
or to such other address as either pray may have specified in writing to the other using the procedures
specified above in this Section 8.06.
SECTION 8.07 APPLICABLE LAW. This Agreement, and eachoftheLoanDocuments
(other than any document which provides a different choice of law) and transacfons comemplalat herein,
shall be construed pursuant to and govemed by the substantive laws of the Stale of Hofida.
15
SECTION 8.08 BINDING EFFECT; ASSIGNMENT. qhisAgteement sha~ bebinding
upon mad inure to the benefit of the successors in inlerest and permitted assigns of the parties. The Issuer
shall have no righ~ to assign any of their fighls or obligations hereunder without the prior written cement
of the Banlc
SECTION 8.09 CONFLICT. In the event any conflict arises between the terms of this
Agreement and the ~ams of any oaher Loan Documen[ the terms of tiffs Agreement shall govern in all
instances of such conflict.
SECTION 8.10 NO THIRD PARTY BENEFICIARIES. It is the intent and agreement
of the parties hereto that this Agreement is solely for the benefit of the pa~ties hereto and no person not a
pmty bereto ~ have any rights or privileges hereonder.
SECTION 8.11 ATTORNEYS FEES. TotheextentlegallypennissJble, the lssuer and the
Bank agree that in any mil action or proceeding brought in coaneclion wilh this Agreemen[ the Note, the
Ordinance orthe Note Resolution (including ~y appeal(s)), the laewiling party shall be entitled to recover
costs and attorneys' fees from the other party.
SECTION 8.12 ENTIRE AGREEMENT. Except asotberwiseexpresslyprovided~ this
Agreement and the other Loan Documents embody the entire agreement and anders~anding between the
parties hereto and supersede all laior agreements and ondeastandings relating to lhe subject malter hereof.
SECTION 8.13 FURTHER ASSURANCES. The parties to this Agreement wl]l execute
and deliver, or cause to be executed and delivered, such acldilional or further documents, agreements or
instruments and shall cooperate with one another in all respects for the pmtx)se of out the Ummcfions
contemplated by this Agreement
SECTION 8.14 INCORPORATION BY REFERENCE. Allofthetermsandobligations
ofthe Note Resolution are hereby incorporated herein by reference as if said Note Resolution was fully
set forth in thi~ Agreement.
SECTION8.15 ARBITRATION AND WAIVER OF JURYTRIAL. qtfisSecfion8.15
concerns the resolution of any conm)versies or claims between the Issuer and the Bank, whether arising
in conlmct, toa or by sta~e, including but nct limited to conlrovels'leS or claims fl~t arise out ofor relate
to: (a) ~fis Agreement (including any renewals, extensions or modifications); or (b) any document related
~o ~ Agreement; (colleaively a "Claim").
At the request of the Issuer or the Bank, any Claim shall be resolved by binding arbitration in
accordance with the Federal Atbilralion Act (rifle 9, U. S. Code) (the "Act"). The ACt will apply even
though this Agreement provides that it is governed by the law of a specified state.
16
Arbitration proceedings will be delermined in ~ce with the Act the roles and procedures
for the arbitration of financial seavices disputes of J.A.M.S./Endispule or any successor lhereof
("J.A.M.S."), and theteams ofthis seclion~ Inthe event ofanyhactm,dsler~,lhettams oflhis seclion shall
The atbilration shall be admini~a~l by J.A.M.S. and conducted in any U. S. stale where real or
tangible persoml prope~ ~ for this credit is localed or iflhere is no such collateral, in Hotida~ All
Claima ~ be detemlhl~ by one arbitrator; however, ifC]aimn exceed $5,000,000, upon the request of
~ pall5', the Cl~m~ shall be decided by ltll'ee arbilratols. All ~ub?uafion hearings ~hall oom~g, nm wilhin
ninety (90) days of the demand for arbitration and close wifla in ninety (90) days of commencement mad lhe
award of the afoiWatov(s) shall be issued within ~ 00) days of lite close of the heating. However, the
afoiWato~s), upon a showing of good cause, may extend the commearxanent of the heating for up to an
additional sixty (60) days. The arbitrators) shall provide a concise written statement of reasons for ~e
award. The arbitration award may be submitted to any corot having jurisdiction to be confirmed and
The arbitrators) will have the authority to deride whether any Claim is barred by the statute of
limilafions and, ff so, to dismiss the arbilralion on ~ basis. For purposes of the application of the stalute
oflimitalions, the service on J a~.M.S, under applicable J A.M.S. roles of a notice of Claim is the equivalent
ofthe filing ofalawsuit Any dispute concerning this arbiWaflon provision or whether a Claim is arbilmble
shall be determined by the mbiWato~s). The arbiwatot(s) shall have lhe power to award legal fees pursuant
to the terms of this Agreement.
property collaleml; (c) exercise any judicial or power of sale right, or (d) act in a cotut of law to obtain
an interim remedy, such as but not limited to, injunctive reliet; writ of possession or appointment of a
By agreeing to binding afl~ilralion, the parties irrevocably and voluntarily waive m~y fight they may
have to a~ml by jury in respect of~my Claim F~ore, wilhout intending in my way to limit Ibis
Agreement to arbiWate, to ~he extent may Claim is not arbiwated, the parties inevocably and voluntarily
waive my fight they may have to a ltial by jmy in respect of such Clain~ This provision is a material
inducement for fire parties entem4 into tiffs Agreement
17
IN WITNESS WHEREOF, lhe parties have executed Ibis Agreement to be effective between
them as ofthe date of first set forth above.
CITY OF AVENTURA, FLOR1DA
[~y:
Eric M. Soroka, City Manager
ATIEST:
Teresa M. Soroka, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
City Attomey
BANK OF AMERICA, N.A.
Authomed S~gnaloly
18
EXHIBIT A
FORM OF NOTE
COMMUNITY DEVELOPMENT
Marina Cove
at Harbor Village
Aventura, Florida 33180
October 30, 2000
Brenda Kelly
City of Aventura
2999 Northeast 191 Street, Suite 500
Aventura, Florida 33180
Dear Ms. Kelly:
I am writing you today to let you know that the Marina Cove Condominium Association would
be impacted by the new zoning requirements of the City of Aventura. It is our understanding
that the present zoning requirements allow for the construction of 12 town home units instead
of the originally approved 16 town home units.
The original site plan, plat and recorded documents called for a build out of 96 town home
units. Our budget and complete condominium documents have all been designed around
these 96 units. Our association would be impacted economically by a reduced number of
units.
The Marina Cove Condominium Association would appreciate your cooperation with the
present builders proposal of allowing the original approved 16 town home units to be built as
long as they meet the city's other requirements (Items such as but not limited to adequate
parking, landscaping and proper safety issues).
Sincerely,
Seth M. Kuker
President
Marina Cove at Harbor Village Condominium Association
RECEIVED
i'ii;, ! ~ 2000
COMMUNITY DEVELOPMENT
OOMMUNI~' DEV~t. OPME~~
Little Acorns Juvenile Crime Prevention
Family Training Programs
DRUG & CRIME PREVENTION programs that are free of charge and that rely partly on entrepreneurial funding
... a function of Little Acorn· Children & Family Programs, Inc., the home of "Kids' Kite Contests" and "Kids 'n Cops 'n Kites"..
and producer of the annual INTERNATIONAL KITE FESTIVAL on Miami Beach
CHAIRPERSON
Dick RUSSO, Managing Director
Chase Manhattan Private Bank
BOARD OF DIRECTORS
Susan Aprlll, Attorney
Ho~land & Knig~ LLP
Unda Bridson, Educator
Miami Jackson Sr. High
Luls Mugnani, Mgr. Paging
STAFF
Linda Gelinas, Co-Director
Rick Gelinas, Co-Director
-and our faculty of Instructors
WHO WE ARE
WHAT WE DO
HOW WE WORK
the Little Acorns mascot
WHO: We are a local non-profit company, governed by a volunteer
board of directors who are local business people and professionals.
We were incorporated in Florida in 1978. With the IRS we are a 501(c)(3)
corporation, meaning gifts to us may be tax-deductible. Our mission statement is
to strengthen children and strengthen families.
WHAT: We conduct training programs. Our most important work is
in self-esteem training and family strengthening. That program is called "Little
Acorns Juvenile Crime & Drug Prevention Family Training Program". It's free of
charge, offered in three languages, is rated 87% effective, and is in its sixteenth
year of service. Our newest program, KIDS 'n COPS 'n KITES, begun in 1995,
use kites to stimulate active self-directed learning and promote mentoring.
HOW: Because we don't charge for our services, we have been about
80% dependent on government grants; and 20% on corporate gifts. As our service
output grows, we begin to augment grant income by selling marketing services at
an annual International Kite Festival. Our big sixth annual INTERNATIONAL KITE
FESTIVAL will continue to offer business an investment in a measurable sales
promotion activity. We deliver a tailored package of benefits, and at the event we
offer on-site (as well as down-range) marketing studies to measure the
effectiveness of our benefits. We also offer assistance in the design and
performance of evaluations which the marketer can conduct.
FESTIVAL HIGHLIGHTS:
Show Kites - some as big as a house, many are exquisite works of art.
Kite Competition - corporate kite battles; science & art contests for students
SPONSORSHIP OPPORTUNITIES:
Advertising -- on-site and in pdnt& broadcast media
Display & Sales - a live audience that grows every year
LET'S TALK!
YOU CAN HELP US SAVE KIDS.
Visit us at www.littleacorns.org Email us at info~littleacoms.orfl
Utile Acorns Children & Family Programs, Inc., is a non-profit 501 (c)(3) tax-exempt educational corp., operating since 1984
241 Palmetto DfiYe · Hiami Springs, FL 33166 · (305) 667-7756 · FAX (305) 66944224
OFFICE OF THE NL~YOR
,4pril 17, 1998
liJ~' o four residents.
·
i
%
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami-Dade County, Florida.
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Belore the undersigned authority personally appeared
OClelma V. Ferbeyre, who on oath says that she Is the
Supervisor, Legal Nollces of the Miami Dally Business
Review flk/a Miami Review, a daily (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
CITY OF AVENTURA
PUBLIC NOTICE OF
PROPOSED ORDINANCE
NOVEMBER 14, 2000
in the.. ........ ..f!:~.>:S:.}:{.:>:C.~.~ ... ........ ... ... Court,
W~~~lis~e~ in 2bdOOwspaper In the issues of
Affiant further says that the said Miami Dally 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 oltlce In Miami in said Mlaml.Dade
County, Florida, for a period of one year next preceding the
first publication ot the attached copy of advertisement; and
affiant further says that she has neither paid nor promised
any person, tI or corpor discount, rebate, com-
mission or und tor rpose 0 securing this advertls&-
ment tor bllc said ne paper.
..~......
6
SW2rn to 8Qd subscribed before me this
UC~ODer 2000
..... dayof ..............................., A.D........
....C94.~-~.,. ..............
(SEAL)
Octelma V. Ferbeyre per
OFFICIAL tlOT ARY SEAL
m~HERYl H MARMER
(\
,. COMMISSION NUMBEIl
'7. ~ CC93115&
~O O~ loft COMMISSION EXPIRES
FFI: APR. 24 2004
I
.
.
CITY OF AVEN1'UAA
PUBLIC NOTICE OF PROPOSm ORDINANCE
NOTICE IS HEREBY GIVEN that on Tuesday, the 14th dey of Novem-
. ber, 2000, at a meeIIng of the CiIy ~ of the GIty of Aventura, II>
be held at 6:00 p.m. In the CommissIon Meeting Room at the B_yne
Medical Arts Building, 21110 BIscayne Boulevard, Suite 101, Aventura,
Florida, the City Conmlsslon will consider the adoption of the following
'Ordinance on second ,readng, enUtfed:
AN ORDINANCE OF THE CITY OF AVENTURA; FLORIDA, AU-
THORIZING 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, CON.
STRUCTION, EQUIPPING AND INSTALI,ATlON OF VARIOUS
RELATED CAPITAL IMPROVEMENTS AND TO PAY COSTS
AND EXPENSES OF ISsuiNG SUCH OBLIGATIONS; PRO-
VIDING FOR A COVENANT TO BUDGET AND APPROPRIATE
LEGALLY AVAIlABLE NON.All VALOREM FUNDS EACH
YEAR TO PAY THE PRINCIPAL OF, REDEMPTION PREMIUM,
IF ANY, AND INTEREST ON THE OBLIGATIONS; PROVIDING
FOR THE RIGtfTS OF THE HOLDERS OF SUCH OBLlGA.
TIONS; PROVIDING SEVERABILITY AND AN EFFECTIVE
DATE. .
The pr<ljlliseQ Ordinance may be inspected by the public at theOftlce 01
the City Clerk, _H.E. 19111 Street, SuIte 500, Aventufa, Florida. Inter. .
eSled parties may eppear at the Public Hearing and be heard with respect
to the proposed Ordinance. My _ wishing 10_ the GIty C0m-
mission on any item at this Public HeaJtng Is asked 10 l8g1ster_ the GIty
Clerk pr\Ot'to that item being heard. .
In accordance with the Americans _ DisablHties Act of 1990, all per-
sons who ant disabled and who need special accommodations to partici-
pate In this proceeding because oIlhat disability should contact the Office
of the City Clerk, ~1, not later than two business days prior to
such proceedings.
If a person decides to appeal any decision made by the City Commis.
sion with respect to any matter considered at a meeting or hearing, that
person will need a record of the proceedings and, for such purpose, may
need to ensure that a verbatim record of the proceedings is made, which
record includes the testimony and evidence upon which the appeal is to
be based.
1016
Teresa M. Soroka. CMC City Clerk
00-4-60196985M
-
I
.
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami-Dade County, Florida.
CITY OF AYENTURA
NOTICE OF PU8UC HEARING
Date and Time of Public Heering: Tuesday, November 14. 2000
6:00 p,m,
AppUcllnt N.....:
Landmark Club Condominium As-
sociation. Inc.
STATE OF FlORIDA
COUNTY OF MIAMI.DADE:
Before the underSigned authority personally appeared
Sookie Williams, who on oath says that she is the. Vice
President of Legal Advertising of the Miami Daily BUSiness
Review flkJa Miami Review, a daily (except Saturday. Sunday
and Legal Holidays) newspaper, published at Miami in Miaml-
Dade County, Florida; that the attached copy of advertise-
ment, being a legal Advertisement of Notice in the matter of
Appllc.nt's RoqUOSl:
The applicant is r~uesting a vari.
ance from Section_ 802.3.2 of the
City's Land Development Regula.
tions to allow a 7-foot separation be-
tween driveways of multi-family resi.
dential parcels on collector roads
where a separation of 150 feet is re-
quired.
CITY OF AVENTURA
PUBLIC HEARING- 11/14/00
APPLICATION NO. 03-VAR-00
Appllcotlcn Number: 03-V AR-OO
Location Of Subject Property: 20185 East Country Club Drive
Logs' Descrlptlon: Portions 01 Tract L of VENTURA
FIFTH ADDITION, according to the
Plat Book 116 at page 39 of the Pub-
lic Records of Dade County. (This is
a partial description. You may con-
tact the Community Development
Department for a full legal descrip.:
tion).
2.503 Acres.
in the........... .XXXXX.. ........... ......... Court,
was published in said newspaper in the issues of
Nov 2, 2000
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Mlaml-
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 Miam~-Dade
County da, for a period of one year next ~recec:hng the
first lic Ion of the attached copy of advertisement; and
aftla furt r says that she has neither paid nor promised
any rs , firm or corporation any discount, rebate, com-
mis 0 r refund or the purpose of securing this advertise-
me publica. i: lhe said. ~ .
Size of Subject Property:
.
Plans are on file and may be examined during regular business hours in
the City of Aventura, Community Development Department. 2999 NE 19t
Street, SUite 500; Aventura, Florida, 33180. Plans may be modified at or
before the Public Hearing. The appfication may change during the hearing
process,
The Public Hearing will be held at Biscayne Medical Arts Building,
21110 Blscayne Boulevard, Suite 101, Aventura, Florida, 33180. Your
comments may be made'in person at the hearing or fRed in writing prior to
the hearing dale. Refer to applicanVproperty on correspondence and mail
same to City of Aventura, Community Development Department, 2999
NE 191 Street, SUite 500, Aventura, Florida, 33180. For further informa-
lion, plea.. call (305) 466-8940,
In accordance with the Americans with Disabilities Act of 1990, all per-
sons who are disabled and who need special accommodations to partici-
pate in.this proceeding because of that disability Should contact the Office
of the City Clerk, 466-8901, not later than two business days prior to such
proceedings.
If a person decides to appeal any decision made by the City Commis.
sion with respect to any matter considered at a meeting or hearing, that
person will need a record of the proceedings and, for such purpose, may
need to ensure that a verbatim record of the proceedings is made. which
record indudes the testimony and evidence upon which the appeal is to
be based,
(SEAL)
Sookie Williams personally nown to me.
OFFI
)ANETT LLERENA
NOTARY PUBUC STATE OF FLORIDA
COMMISSION NO. CC 912958
MY COMMISSION EXP, NE 23
11/2
Teresa M. Soroka, CMC, City Clerk
00-3-79/104946M
--
I
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami-Dade County, Florida.
CITY OF AVENTURA
NOTICE OF PUBUC HEARING
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
Sookle Williams, who on oath says that she is the Vice
President 01 Legal Advertising 01 the Miami Daily Business
Review flk/a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Mlami-
Dade County, Florida; thai the attached copy of advertise-
ment, being a legal Advertisement of Notice in the matter of
Applicant Nome:
Ollie ond Tlmo of Public _ring: Tuesday, November 14,2000
6:00 p.m.
Symphony Builders at Marina
Cove, LLC .
The applicant is requesting a var-
iance from Section, 703.4.3(g) of
the City's Land Development
Regulations to allow one 15-loot
building separation and one 16-
foot building separation where a
minimum building separation of
30 leet is required.
01-VAR-01
21395 and 21396 Marina Cove
Circle
A portion of Tract J of WATER-
WAYS SECTION 3 according 10
the Plat thereof as recorded in
Pial Book 125, Page 8 of the
public records of Dade County,
Florida. (This is a partial descrip-
tion. You may contact the Com.
munity Development Depart-
ment for a full legal description).
Approximately 3.42 Acres.
Appllcont'o Roquost:
CITY OF AVENTURA
PUBLIC HEARING- 11/14/00
APPLICATION NO. 01-VAR-01
Appllcstfon Numbor:
Locstlon 01 SUbJoct Property:
Logo/ Deoc~pUon:
in the n......... .XXXXX.......... ............ Court,
was published in said newspaper in the issues of
Nov 2, 2000
SIze of Subjocl Proporty:
Affiant further says that the said Miami Dally 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
mati the post office in Miami in said Miami-Dade
Co y, FI rida, for a period of one year next preceding the
firs publi tlon 01 the aUached copy of advertisement; and
atfl nt tu er says that she has neither paid nor promised
an pe n, lirm or corporation any discount, rebate, com-
ml 10 or refund f the purpose 01 secu( 9 this advertise-
me t r publicatio in the said newspape
(SEAL)
Sookle Williams per onally
ARY
JANETI LLERENA
NOTARY PUBUC STATE OF FLORIDA
COMMISSION NO. CC 912958
MY COMMISSION EXP. NE 23 004
.~Plans are on-file and may be examined during regular business hoors in
lhe Cily of Aventura. Community Development Department, 2999 NE 191
Street, Sune 500, Avenlura. Florida, 33180. Plans may be modified al or
before the Pub4fc Hearing. The appIicalion maychange during Ihe hearing
process.
The Public Hearing wUl be .t\ekj. at Biscayne Medical Arts Building,
21110 Bis!:eyne Boulevard, $line 101, Avenlura, Florida, 33180. Your
convnents may be made in person at the hearing or filed inwriting prior to
the hearing date. Refer to applicant/property on correspondence and mail
same to City of Aventura, Community Development Department, 2999
NE 191 Street, Suite SOO,Avehtura, Florida. 33180. For further informa.
lion, please call (305) 466-8940.
In accordance with the Americans with Disabilities Act 01,1990, all per-
sons who are disabled and who need special accommodations to partici-
pate in this proceeding because of thai disability should contact the Office
of the City Clerk, 466-8901, not later than two business days prior to such
proceedings.
If a person decides to appeal any decision made by the City Commis.
sion with respect to any matter oonsidered at a meeting or hearing, that
person will need a recordaf 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.
11/2
Teresa M. Soroka, CMC, City Clerk
00-3-80/104948M
--
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
$ookie Williams, who on oath says that she is the Vice
President of Legal Advertising of the Miami Daily Business
Review f/kJa Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper I 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
CITY OF AVENTURA
PUBLIC HEARING- 11/14/00
APPLICATION NO. 06-SV-00
in lhe..... .......XXXXX........... ....... .... Court,
was published in said newspaper in the issues of
Nov 2, 2000
Affiant further says that the said Miami Daily BUSi~9SS
Review is a newspaper published at Miami in said Mlaml-
Dade County, Florida, and that the said n*:wspap~r has
heretofore been continuously published In said Mlaml~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
Count lorida, for a period of one year next preceding the
firs I tlon of the attached copy of advertisement; and
an nt fu er says that she has neither paid nor promised
a per n firm or corporation any discount, rebate, com-
m sio or :efund 1 the pUfpOse 01 secu ng this advertise-
m nt r publlcati n the said newspaP8:
.
rsonall kn t
OFFICIAL N
lANETI LLERENA
NarARY PVBUC STATE OF FLORIDA
COMMISSION NO. CC 912958
MY COMMISSION EXP. NE 23 004
I
'\~"'~
CITY OF AVENTURA
NOTICE OF PUBLIC HEARING
Dete and TIme of Public HeIIrlng: Tuesday, November 14, 2000
6:00 p.m.
AppIIc8nI NIme:
- DeveIoprrent Group d/b/a
AvenIlu"a Corrmons Shopping Center .
Apptlcant's Request:
The applicant is requesting the fol-
lowing:
1} A sign variance to pennit a
second monument sign meas-
uring 120 square feet In area,
where the cily's sign code per-
mits only one monument sign
with a maximum area of 48'
square feet; and
2) A sign variance. to pannit a
portion of this sign to be used
. to display the name of a rota"
tenant not ~ted on the par-,
eel (off-premise sign).
Appll_n Number: 06-SV-OO
Loc:stIon 01 SUblect PIOpllfty: 21005-21265 Biscayne Boulevard.
Legs' DescrIption: Tracts 'A' and 'b' AVENTURA
COMMONS, Pial Book 151, Page
58 Public Records of Miami-Dade
County, Flo-. .
S'ze Of Sublect Property:
Approximately 25 acres.
Plans are on file and may be examined during regular business hours in
the City of Avonlura, Community Oevelopment Departmenl, 2999 NE 191
Slreet, Suile 500, Avonlura, 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 Biscayne Medical Arts Building,
2)110 BiscayneBoulevard. SUile lOt, Avenlura, Florida, 33180. Your
Comments may be made In person at the hearing or filed In writing prior to
the hearing date. Refer to applicant/property on correspondence and mail
same IQ CiIy of AV.enIUra,Community ~e1opmentPl>pertment. 2999
NE 191 Street, Suite SOO, Aventura, Florida, 33180. For further infonna-
lion, pIeese cell (305) 466-8940.
In accordance with the Americans with Disabifities Act of 199p, aU per-
sons.whQare disabled and who need special accommodations to particj-
pate in this proceeding because of that disability should contact the Office
of the City Clerk, 466-8901, not later than two business days prior to such
proceedings.
If a person decides to.appeal any decision made by the City Commis-bsion with respect to any matter considered at a meeting or hearing, that
person will need a record of the proceedings and, for such purpose, may
need to ensure that a verbatim record of the proceedings is made, which
record includes the testimony and evidence upon which the appeal is to
be based.
11/2
Teresa M. Soroka, CMC, City Clerk
00-3'B111 04949M
--
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami-Dade County, Florida
ST ATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
Sookie Williams, who on oath says that she is the Vice
President of Legal Advertising of the Miami Daily Business
Review Ilk/a 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
CITY OF AVENTURA
PUBLIC HEARING- 11/14/00
APPLICATION NO. 02-SE-97
i"the.... ....... .xxxxx. ......... .." ......... Court,
was published in said newspaper in the issues of
Nov 2, 2000
AUlant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Miami-
Dada 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 mail
matter al the post office io Miami In said Miami-Dade
County, Florida, for a period of one year next preceding the
first Iicatlon of the attached copy of advertisement; and
aff t f her says that she has neither paid nor promised
an pe n, firm or corporation any discount, rebate, com-
ml sio or refund r the purpose of securing this advertise-
m 11 r publicaf in the said newsp
Sookle Williams per ona y or ARY SEAL
JANE'IT LLERENA
NOTARY PUBUC srATE OF FLORIDA
COMMISSION NO. CC 912958
MY COMMISSION EXP. NE 23,2004
I
'\:~..~
CITY oF' AVENTURA
NOTICE OF PUBUC HEARING
Date and TIme of Public Hearing: Tuesday, November 14,2000
6:00 p.m.
Appllcont Nllmo:
Applicant's Request:
Goscan Homes
The applicant is requesting an exten-
sion of the approval granted through
Resolution No. 98-68 passed and
adopted August 4, 1998, to allOw the
temporary sign at the Sales' Genler
to remain on the west side of Yacht
Club Drive, from December 31,2000
until sales efforts at The Point are
completed, or a minimum of four
years from December 31, 2000.
Application Number:
02-SE-97
Locatl~n Of Subject Property: West side of Yacht Club Drive at The
Point
Logol Doocriptlon:
Portion of Tract "a" "The Waterways"
- Section 5, according to the Plat
thereof as re9Qrded in Plat Book
126, Page 59 of the Public Records
of Dade County, Florida, and a por-
tion of Tract--RR", "The Waterways-
Section 5 First Addition", according
to the Plat thereof as recorded in
Plat Book,l39, Page 100fthe Public
Records 01 Dade County, Florida.
Plans are on liIeand may be examined during regular business hours in '
the City of Aventura, Community Development Department. 2999 NE-191
Street, Suite 500, Aventura. Florida, 33180. Plans may be modified at or
before the Public Hearing. The application may change during the hearing
process..
The PubJic Hearing will be held at Aventura Medical - Arts Building,
21110 BiscayneBoulevard; 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 applfcanVproperty on correspondence and mail
same to City of Aventura, Community Development Department, 2999
NE 191 S~t.._~uite 500, Aventura, Florids" 33180. For further informa.
tion. please_~~n(305) 466-8940. sn;
"- ',' ,c ',~ \, _ _ _ _ ,_ _ _ _ ,91qe
In'aCCOrdan~,~th the Americans with Disabilhi8s Act-of 1990, all per-
sons who are disabled and who need special aoaommodations to partici-
pate in this proceeding becaUSe of that disability St10uld contact the Office
of the City-Clerk, 466-8901, not later than two business days prior 10 such
prOceedings. ~
If a person decides to appeal any decision made by the City Commis-
sion with respect to any matter considered at a me!!ting or -hearing, that
person will need a record of the proceedings and, for such purpose, may
need to ensure that a verbatim record 01 the proceedings is made, which
record includes the testimony and evidence upon which the appeal is to
be based.
11/2
Teresa M. Soroka. CMC. City Clerk
00-3-82/104951 M
-
MIAMI DAILY BUSINESS REVIEW
Published Daily except Salurday, Sunday and
Legal Holidays
Miami, Miami-Dade County, Florida.
ST ATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
Sookie Williams, who on oath says that she is the Vice
President 01 Legal Advertising of the Miami Daily Business
Review flkla Miami Review, a daily (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 01 Notice in the maner of
CITY OF AVENTURA
PUBLIC HEARING- 11/14/00
APPLICATION NO. 01-VAR-99 REV
in the.......... ..X:x:xXx:...................... Court,
was published In said newspaper in the issues of
Nov 2, 2000
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Miaml-
Dade County, Florida, and that the said newspaper has
heretofore been continuously published in said Miaml~Dade
County. Florida, each day (except Saturday. Sunday and
Legal Holidays) and has been entered as second class mail
mailer at the post office In Miami in said Miami-Dade
Count lorida, for a period of one year next preceding the
Ilrst bl tion of the attached copy of advertisement; and
aftl t her says that she has neither paid nor promised
any r n, firm or corporation any discount, rebate. com-
mis or refund to he purpose of securing this advertise-
ment r publication Iii: sa,d neM
.
Sookie Williams per 0 a AR 5 L
JANETI LLERENA
NOTARY PUBUC Sf ATE OF FLORIDA
COMMISSION NO. CC 912958
MY COMMISSION EXP. E 23,2004
I
.
.
-'-'""'~..,
.
CITY OF AVENTURA
NoncE OF PUBLIC HEARING
DIIte and Time of Public Hearing: Tuesday, November 14, 2000
6:00 p.m.
Applicant Name:
Applicant's RaqUll8t:
Harbour Centre Associates.
Application Number:
The applicant is requesting modifica-
tions to Resolution No. 98-88, to ai,
low approval of a revised site plan
for the previously approved office
and retail development located at
18851 NE 29th Avenue,- There~
quested modifications are as fol-
~~ws: Variance fr6m;"~hrg.ptJ't '33 of
the Miami-Dade County Code
Which requires a 1 S-foot build-
ing setback where the adjacent
property is zoned for residen-
tial use and where provision for
a five-foot setback" is pro-
posed.
2) Variance from Chapter 33 of
the Miami-Dade County Code
which requires 61,171 square
feet of landscaping. (Provision
of 29,164 square feet of land.
scaping is proposed.)
01-VAR-99 REV
Location 01 Subject property: 18851 NE 29th Avenue
Lagal Description:
lengthy legal description-you may
contact the Community DeVelop-
ment DePartment for the complete)
legal description.
Approximatefy 3.fW Acres.
Size 01 5ub)sct Property:
Plans are on file and may be examined during regular business hours in
the City of Aventura, Community Devefopment Department, 2999 NE191
Street, Suite SOO, Aventura, Florida, 33180. Plans may be modified at or
before the Public Hearing. The application may change during the hearing,
process.
The Public Hearing will be held at Biscayne Medical Arts Building,
21110 Biscayne Boulevaro, Su~et01, Aventura, Florida, 33180. Your
comments may be made in per$On al the hearing or filed in writing prior to
the hearing date. Refer to applicanVproperty on correspondence and mail
same to City of Aventura, Community Oevetopment Department, 2999
NE 191 Street. Suite SOO, Aventura, Florida, 33180. For further informa-
tion, pIeese call (305) 466-8940. '
:.:. 'In accordance with the Americans with Disabilities Act of 1990, aU per.
sons who are disabkKt and who need special accommoclations to partici-
pate in this proceeding because of that disability should contact the Office
of the City Clerk, 466-8901 ,. not later than two business days prior to such
proceedings.
" a person decides to appeal any deciSion made by the City Commis-
sion with respect 10 any matter considered at a meeting or hearing, that
person will need a record of tha proceedil1gs and, for sUChl>urpose, may
need to ensure that a verbatim record of the proceedings is rT)Ilde, which
record Includes the testimony and evidence upon which the appeal I. to
be based.
11/2
Teresa M. SOroka, CMC, City Clerk
oo-3-83/104952M