05-01-2001 CC Meeting Agenda
City Cotnrni-ion
Jeffrey M. Perlow, Mayor
A~
~
~,
City MafflIrer
Eric M. Soroka
Arthur Berger
Jay R. lleskin
Ken Cohen
Manny Grossman
Harry Holzherg
Patricia Rogers-Libert
City Clerk
Teresa M. Soroka, CMC
City Attomt;,y
Weiss Serota Helfman
Pastoriza & Guedes
AGENDA
MAY 1, 2001 - 6 PM
Government Center
19200 West Country Club Drive
Aventura, Florida 33180
1. CALL TO ORDER\ROLL CALL
2. PLEDGE OF ALLEGIANCE
3. ZONING HEARINGS - SPECIALLY SET BY COMMISSION FOR 6 P.M.
QUASI-JUDICIAL PUBLIC HEARINGS -Please be advised that the following
items on the Commission's agenda are quasi-judicial in nature. If you wish to
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
MOTION AUTHORIZING CITY MANAGER TO EXECUTE AND
CAUSE TO BE RECORDED AMENDMENT TO DECLARATION OF
RESTRICTIONS FOR A VENTURA BAY VILLAS
CORPORA TION/GDC HOLDINGS, LLC, PREVIOUSLY RECORDED
IN OFFICIAL RECORDS BOOK 18718 AT PAGE 3286 OF THE
PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA.
4. APPROVAL OF MINUTES:
Commission Planning Session
Commission Meeting
Commission Workshop
April 2, 2001
April 3, 200 I
April 23, 2001
May 1, 2001 ('.......:..~.. Meeting
5. AGENDA: Request for DeletionslEmergency Additions
6. SPECIAL PRESENT A TIONS: Certificates of Appreciation to Davide M.
Carbone, CEO A ventura Hospital and Medical Center, and Coronado
Condominium Association for use of their facilities.
7. 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. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA AUTHORIZING THE CITY
MANAGER TO EXECUTE CONVEYANCE DOCUMENTS TO
MIAMI-DADE WATER AND SEWER AUTHORITY FOR
WATER FACILITIES INSTALLED FOR AVENTURA
GOVERNMENT CENTER; PROVIDING FOR RECORDATION;
PROVIDING AN EFFECTIVE DA TE.
(Authorizes City Manager to execute documents for conveyance of
water facilities installed at Aventura Government Center to Miami Dade
Water and Sewer Authority)
B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA AMENDING RESOLUTION NO. 96 -
18 WHICH ESTABLISHED COMPREHENSIVE COMMISSION
MEETING AND AGENDA PROCEDURES, AS AMENDED BY
RESOLUTION NO. 2000-36; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
(Amends various provisions in meeting procedures Resolutions)
8. PUBLIC HEARING: ORDINANCES - FIRST READING:
A. AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA,
AMENDING THE CITY CODE BY AMENDING CHAPTER 34
"PLANNING AND ZONING", AMENDING ARTICLE II
"QUASI-JUDICIAL MATTERS" TO REPEAL 34-31 "EX PARTE
COMMUNICATIONS WITH PUBLIC OFFICIALS," SECTION
34-32 "HEARING PROCEDURES," AND REPLACE WITH NEW
SECTIONS 34-31 THROUGH 34-39 REGARDING QUASI-
JUDICIAL DEVELOPMENT ORDERS; RENUMBERING
EXISTING SECTION 34-33 "PUBLIC STATEMENTS BY
COMMISSIONERS" TO BECOME SECTION 34-40;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
INCLUSION IN CODE; PROVIDING FOR EFFECTIVE DATE.
2
May 1,2001 C.....,,;..... Meeting
B. AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA,
AMENDING CHAPTER 26 ENTITLED "ELECTIONS", BY
AMENDING ARTICLE I. "IN GENERAL" - SECTION 26-1
"CANVASSING OF ELECTION RETURNS; CERTIFICATES OF
ELECTION" TO PROVIDE FOR ADDITIONAL INDIVIDUALS
TO SERVE WITH THE CITY CLERK IN THE CANVASSING
OF ELECTION RETURNS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR
EFFECTIVE DATE.
9. PUBLIC HEARING: ORDINANCES - SECOND READING: None.
10. RESOLUTIONS: None.
11. OTHER BUSINESS: None.
12. PUBLIC COMMENTS
13. REPORTS
14. ADJOURNMENT
SCHEDULE OF FUTURE MEETINGS/EVENTS
MA Y 8, 2001
TOWN HALL MEETING
7 P.M.
MAY 15, 2001
SPECIAL MUNICIPAL ELECTION
7 A.M. - 7 P.M.
MAY 24, 2001
COMMISSION WORKSHOP
9A.M.*
JUNE 5, 2001
COMMISSION MEETING
6 P.M.
*Tentative - Please call the Office of the City Clerk 3 days prior to confirm meeting
All meetings are now held at Government Center 19200 West Country Club Drive
This meeting is open to the public. In accordance with the Americans with Disabilities Act of 1990, all persons who are disabled
and who need special 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 more 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 A ventura 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, 19200 W. Country Club Drive,
Aventura, Florida, 33180. Anyone wishing to obtain a copy of any agenda item should contact the City Clerk at 305-466-8901.
3
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
Mt;M9RANDU'"
DATE: April 23, 2000
TO: City Commission
FROM: Eric M. Soroka, City
BY: Brenda Kelley, Co
SUBJECT: Request of GDC Holdings, LLC to amend a Declaration of Restrictions in
order to construct a 7-story, multi-family, rental development at 3001 NE
185 Street. (07-SP-01)
May 1, 2001 City Commission Meeting Agenda Item ?
BECOMMI;NDA TlQN,
It is recommended that the City Commission approve the request to amend the
Declaration of Restrictions.
THE REQUEST
The applicant, Stanley Price for GDC Holdings, LLC, is requesting an amendment to
the Declaration of Restrictions (ORB 18718 Page 3286) that was voluntarily offered to
the City during the adoption of the City's Land Development Regulations, in order to
construct a 7-story, multi-family, rental development. The request is for an amendment
of restriction (3) on page 1 of the Declaration of Restrictions in order to extend the
timeframe in which the Owner shall file an application for zoning approval with the City
from .within seventy-five (75) days' to .within twenty (20) months', (See Exhibit #1 for
Letter of Intent, Exhibit #2 for original Declaration of Restrictions, and Exhibit #3 for the
proposed Amendment).
BACKGROUND
OWNER OF PROPERTY
Aventura Bay Villas Corporation
NAME OF APPLICANT
Stanley Price, Esquire, Bilzin Sumberg Dunn
Baena Price & Axelrod, LLP as representative
for GDC Holdings, LLC
ADDRESS OF PROPERTY
SIZE OF PROPERTY
3001 NE 185 Street
4.289 acres
LEGAL DESCRIPTION
Lengthy Legal - For full legal description see
Exhibit #4
The Site - The site is the location of the former Florida Wire Products building that
was demolished after the adoption of the City's Land Development Regulations (LDRs).
The property is the last vacant, waterfront lot on the north side of NE 185 Street
between NE 28 Court and NE 31 Avenue.
The Project - The applicant is proposing to construct a mediterranean-style rental
development with 4 story units fronting NE 185 Street and graduating in height to 7
stories at the rear of the property,
Background - During the adoption of the City's Land Development Regulations
Stanley Price represented the property owner to propose an "intermediate" zoning
district that would allow a higher density and increased building height than the RMF3
zoning district that was being recommended by staff, for this particular site, A zoning
designation of RMF3A was ultimately approved for this site upon a voluntary proffer of
a Declaration of Restrictions by the property owner (see Exhibit #2 for original
Declaration of Restrictions), One of the restrictions in the Declaration of Restrictions
has not been complied with. Since the City Commission was the approving authority
for the Declaration of Restrictions, any requests for amendment to the document must
be approved by the City Commission,
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 conceming this application.
Community Development Department Analysis - The applicant is requesting an
amendment to the Declaration of Restrictions that was voluntarily offered to the City
Commission during the adoption of the City's Land Development Regulations. The
applicant is proposing to construct a 7-story, multi-family, rental development. During
the proffer of the Declaration of Restrictions, it was verbally offered that the
development would be a condominium and that the building would "graduate" from 4
stories at the front to 7 stories at the rear of the property. Furthermore, the renderings
presented displayed an approximately 50' front setback and a 4 story height maximum
except for those units both central to the site and fronting directly on the water.
2
During discussions and ultimate acceptance of the Declaration, the property owner
offered certain timeframes in which to complete development "steps" for construction of
the site. These timeframes included the following (the adoption of the City's LDRs
occurred on July 13, 1999):
1. That on or before sixty (60) days of the adoption of the City's LDRs, the Owner
shall evict all existing tenants from the Property and the Property shall not be
utilized for any industrial uses.
Property owner complied with timeframe.
2. That on or before one hundred and eighty (180) days of the adoption of the
City's LDRs, the Owner shall completely demolish all existing structures on the
Property and place the Property in compliance with all existing regUlations and
ordinances of the City.
Property owner complied with timeframe.
3. That the Owner shall file within seventy-five (75) days an application for zoning
approval with the City subject to the following guidelines.. .
The applicant did not comply with the timeframe, which is the subject of this
request. An application for zoning approval was required on or before
approximately September 30, 1999. An application for zoning approval was
submitted on January 26, 2001, While this restriction has not been complied
with, staff has been much more concemed with the previous two items as they
related to property maintenance, The previous restrictions were complied with in
a timely manner and for the most part the property has been fairly well
maintained for a vacant lot. Furthermore, the property owner allowed the City
the use of the site for some construction material storage during the
improvement project of NE 185 Street. Therefore, staff recommends approval of
an amendment to this restriction as follows:
From: "That the Owner shall file within seventy-five (75) days an application
for zoning approval with the City subject to the following guidelines: . . . "
To: "That the Owner shall file within twenty (20) months an application for
zoning approval with the City subject to the following guidelines: .. ."
Other restrictions of the Declaration of Restrictions are as follows:
a) A density not to exceed forty-five (45) units per acre.
The proposed application complies with this restriction,
3
b) A maximum floor area ratio of 1.5.
The proposed application complies with this restriction.
c) Side setbacks of at least forty (40') feet.
The proposed application complies with this restriction. The applicant is actually
proposing view corridors (setbacks) of 48.5' at both the east and the west
property lines of the site.
d) Front and rear setbacks of twenty-five (25') feet.
The proposed application complies with this restriction.
e) Lot coverage of forty-five (45%) percent.
The proposed application complies with this restriction.
f) A maximum of seven (7) stories in height or eighty (80') feet from mean flood
elevation no closer than two hundred (200') feet from the property line, with the
southern portion of the site not to exceed four (4) stories in height.
The proposed application will comply with this restriction.
4
- l
-.
BILZIN SUMBERG DUNN BAENA PRICE & AXELROD LLP RECEIVED
A PARTNERSHIP OF PROFESSIONAL ASSOCIATIONS
.2500 FIRST UNION FINANCIAL CENTER
200 SOUTH BISCAYNE BOULEVARD. MIAMI, FLORIDA 33131-2336
TELEPHONE: (305) 374-7SeO . FAX: (305) 374-7593
E-MAIL: fNFO@BILZIN.COM . WWW.BILZIN.COM
BROWARO: (954) 356-0030
JAN 2 b 2001
COMMUNITY DEVELOPMENT
January 26,2001
Ms, Brenda Kelley
Chief of Community Development Director
City of A ventura, Concourse Center 2
2999 N.E. 191 St., 5th Floor
Aventura, FL 33180
Via Hand Delivery
Re: Aventura Bay Villas Corporation/GDC Properties
3001 N.E. 1851h Street
Dear Ms. Kelley:
LETTER OF INTENT
Pursuant to your department's rules and regulations, please consider this our formal letter of
intent in connection with an Application for Site Plan Approval and release of Declaration of
Restrictions. The undersigned represents GDC Holdings, LLC, the contract purchaser of the 4,289
acre property subj ect to the application.
The owner of the property is A ventura Bay Villas Corporation. In 1999, A ventura Bay Villas
Corporation, as owner of the property, submitted a Declaration of Restrictions to the City of
A ventura during the City's consideration of its Land Development Regulations, At that time, a final
site plan had not been developed, Therefore, the Declaration of Restrictions placed certain general
limitations on the property. The Declaration was accepted by the City of A ventura, and recorded in
Official Records Book 18718, at Page 3287,
GDC Holdings, LLC recently entered into a contract to purchase the property. The site plans
covered under this application represent an aesthetically pleasing tiered design with four stories on
the street side of the property and seven stories on the water side. The staggered parapets create
depth and perception atypical of standard residential buildings. The unique characteristics
incorporated into the design, coupled with the extensive view corridor will represent an asset to the
City and complement the other residential developments in the area.
\74522\14487\#333313 vi
1126101
EXHIBIT #1
BILZIN SUMBERG DUNN BAENA 'PRICE & AXELROD LLP
Ms. Brenda Kelley
January 26,2001
Page 2
The proposed site plan exceeds the City's parking and landscape requirements, and meets
the floor area ratio, lot coverage and open space requirements. Based on the foregoing, we
respectfully request approval ofthe attached site plans and release ofthe Declaration of Restrictions
recorded in Official Records Book 18718 at Page 3286. In place of and upon the City's release of
the prior covenant, the Owner, upon approval by the City Commission, will tender and record a
covenant tying the property to the approved site plan.
In support of the application, I have enclosed the following:
a) An original executed application;
b) The Certificate of Resolutions from Miami-Dade County providing the complete
zoning history of the property;
c) Twelve signed and sealed surveys;
d) Twelve signed and sealed architectural plans;
e) Twelve signed and sealed landscape plans;
f) A certified list with accompanying mailing labels for owners located within 300 feet
of the subj ect property; .
g) Declaration of Restrictions recorded in Official Records Book 18718 at Page 3286;
and
h) A draft ofthe Declaration of Restrictions and Release fo Declaration of Restrictions
Recorded in Official Records Book 18718, Page 3286
Please advise our office ofthe amount of the fee due to the City in connection with the above
application, and any additional material required.
We look forward to your favorable review of the attached. Should you have any questions
regarding the above, please do not hesitate to contact me at (305) 350-2374,
Sincerely, .__~
-- ,.,~-~-~ //
c.____. " k/
,\,\ )')
\', ,...A" 't----Y.
,"-, "'-~\.~ / .
Stanley ~rice
SBP:BSA
Enclosure
\74522\14487\#333313 vi
1/26/01
Wf[: 187 j BrG28fl
99R39S668 1999 JUL 30 08:2,
This instrument prepared by
and when recorded return to:
Stanley B. Price, Esq.
Bilzin Sumberg Dunn Price & Axelrod LLP
2500 First Union Financial Center
200 South Biscayne Boulevard
Miami, Florida 33131-2336
(Space Above For Recorder's Use Only)
DECLARATION OF RESTRICTIONS
KNOW ALL BY THESE PRESENTS that the undersigned, Owner(s) of the following
described property (the "Property"), lying, being and situated in the City of Aventura (the "City"),
Miami-Dade County, Florida, to-wit:
As set forth in Exhibit "A", attached hereto,
IN ORDER TO ASSURE the City that the representations made by the owner during
consideration of Public Hearing approving the Land Development Regulations (LDR's) will be
abided by the Owner freely, voluntarily and without duress rnakes the following Declaration of
Restrictions covering and running with the Property.
(1) That on or before sixty (60) days of the adoption of the City's LDR's, the Owner shall evict
all existing tenants from the Property and the Property shall not be utilized for any industrial
uses.
(2) That on or before one hundred and eighty (180) days of the adoption of the City's LDR's,
the Owner shall completely demolislLall existing structures on the Property and place the
Property in compliance with allexisting regulations and ordinances of the City.
(3) That the Owner shall file within seventy-five (75) days an application for zoning approval
with the City subject to the following guidelines:
G:\DMZ\\\024643 1.05
County Use Onlv
Legal Verified
EXHIBIT #2
~ff: l8718~n328l
Declaration of Restrictions
Page 2
a) A density not to exceed forty-five (45) units per acre.
b) A maximum floor area ratio of 1.5.
c) Side setbacks of at least forty (40') feet.
d) Front and rear setbacks of twenty-five (25') feet,
e) Lot coverage offorty-five (45%) percent
f) A maximum of seven (7) stories in height or eighty (80') feet from rnean flood
elevation no closer than two hundred (200') feet from the property line, with the
southern portion of the site not to exceed four (4) stories in height.
4. In the event zoning is approved by the City, the Owner, prior to the issuance of a foundation
permit shall make the following voluntary contributions to the City; said sums shall be
deemed credits against impact fees.
a) A sum not to exceed Thirty Thousand and NOIIOO ($30,000.00) Dollars for the
landscaping of the Florida Power and Light Substation located south of the subject
property. Owner shall be permitted to subcontract for the landscape work,
b) A sum not to exceed One Hundred Seven Thousand and NO/100 ($107,000.00)
Dollars for the Owner's fair share of the physical improvement and beautification of
N.E. l85th Street. The City shall submit to the Owner all necessary documentation
to dernonstrate the calculation of the fair share charged to the Owner.
Citv InsDeetion.. As further part of this Declaration, it is hereby understood and agreed that any
official inspector of the City, or its agents duly authorized, may have the privilege at any time during
normal working hours of entering and inspecting the use of the premises to determine whether or not
the requirements of the building and zoning regulations and the conditions herein agreed to are being
complied with.
Covenant Runninl!: with the Land. This Declaration on the part of the Owner shall constitute a
covenant running with the land and shall be recorded, at Owner's expense, in the public records of
Miami-Dade County, Florida and shall remain in full force and effect and be binding upon the
undersigned Owner, and their heirs, successors and assigns until such time as the same is modified
or released. These restrictions during their lifetime shall be for the benefit of, and limitation upon,
all present and future owners of the real property and for the public welfare.
Term. This Declaration is to run with the land and shall be binding on all parties and all persons
claiming under it for a period of thirty (30) years from the date this Declaration is recorded after
which time it shall be extended automatically for successive periods of ton (10) years each, unless
an instrument signed by the, then, owner(s) of the Property has been recorded agreeing to change
G:\DMZ\\\024643 t .05
Declaration of Restrictions
Page 3
Off. .\.8.7." l8Pt328B
!lEC.
the covenant in whole, or in part, provided that the Declaration has first been modified or released
by the City.
Modification, Amendment. Release. This Declaration of Restrictions may be modified, amended
or released as to the land herein described, or any portion thereof, by a written instrument executed
by the, then, ownerCs) of all of the Property, including joinders of all mortgagees, if any, provided
that the same is also approved by the City Commissioners by resolution after public hearing.
Should this Declaration of Restrictions be so modified, amended or released, the City Manager, or
or in the absence of such City Manager by his assistant in charge of the office in his absence, shall
forthwith execute a written instrument effectuating and acknowledging such modification,
amendment or release. In the event that the conditions I and 2 of these restrictions are adhered to,
the City Manager shall expeditiously execute a release of this Declaration as to those provisions..
Enforcement. Enforcement shall be by action against any parties or person violating, or attempting
to violate, any covenants. The prevailing party in any action or suit pertaining to or arising out of
this declaration shall be entitled to recover, in addition to costs and disbursements allowed by law,
such sum as the Court may adjudge to be reasonable for the services of his attorney. This
enforcement provision shall be in addition to any other remedies available at law, in equity or both.
Authorization for the City to Withhold Permits and Inspections. In the event the terms of this
Declaration are not being complied with, in addition to any other remedies available, the City is
hereby authorized to withhold any further permits, and refuse to make any inspections or grant any
approvals, until such time as this declaration is complied with.
Election of Remedies. All rights, remedies and privileges granted herein shall be deemed to be
cumulative and the exercise of anyone or more shall neither be deemed to constitute an election of
remedies, nor shall it preclude the party exercising the same from exercising such other additional
rights, remedies or privileges.
Presumption of Compliance, Where construction has occurred on the Property or any portion
thereof, pursuant to a lawful permit issued by the City, and inspections made and approval of
occupancy given by the City, then such construction, inspection and approval shall create a
rebuttable presumption that the buildings or structures thus constructed comply with the intent and
spirit of this Declaration,
G:\DMZI1I024643 1.05
Declaration of Restrictions
Page 4
~g:187 ~tJt3289
Severabilitv. Invalidation of anyone of these covenants, by judgment of Court, shall not affect any
of the othel provisions which shall remain in full force and effect.
Recordine. This Declaration shall be filed of record in the public records of Miami-Dade County,
Florida at the cost to the Owner.
.~
Executed this ~ day of d i J.c..- '-I
,1999.
Witnesses:
A VENTURABA YVILLAS CORPORATION
.
By: .
David B. .
I
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this 13th day of
July, 1999 by David B, C. Martins, who has produced (,-1>. 1.... 1l1b3"--(Io;1..L{ej -30'1-0
identification, on behalf of Aventura Bay Villa Corp ration.
~
My Commission Expires:
o.:.~\lY PUo,> TERESA M SMITH
NUMBER
< ~tl:.:r\ ~.. ~
',~, :1~~':r:---';,,'1: <t CC666153
. '<";~it;. ~ MY COMM$SSION EXPIRES
i OF f\.O AUG, 18,2001
G:\DMZ\\\024643 1.05
EXHIBIT "A"
~EGAL DESCRIPTION
PARCEL 1
MI: 1871BPL329D
A. tract of land in the 51/4 of the 51/4 of Fractional Section 3, Township 52 South,
Range 42 East, Dade County, Florida, more particularly described as follows:
Commence at the Southwest corner of the NWl/4 of the SW1/4 of the SEl/4 of Fractione
Section J, Township 52 South, Range 42 East, Dade County, Florida; thence rUn North
00031' 59" West along the West line of the NWl/4 of the SWl/4 of the SEl/4 of said
Section 3 for a distance of 70 feet to the Point of Beginning of the tract of land
herein described) thence rUn South 09059'45" East along a line parallel to and 70 fe,
North of as measured at right angles to, the South line of the NWl/4 of the SWl/4 of
the SE1/4 of said Section 3 for a distance of 295.00 feet to a point; thence rUn Narc'
00031'59" West along a line parallel to and 294.99 feet East of. as measured at right
angles to, the West line at the NWl/4 of the SWl/4 of the SEl/4 at said Section 3 t01
a distance at 335.21 feet to the point of intersection with a line parallel to and 7~
teet North of. as' measured at right angles to, tile North line at the 5112 of the N~Il!
at the SWl/4 at the SEl/4 of said Section 3, said line being the high water line of a
existing canal; thence run North 09050' 15" West along the last described line a
distance ot 295.00 teet to the point of intersection with the West line of the NWl/1
at the SWl/4 at the SE1/4 of said Section 3; thence rUn North 09050'05" West along a
line parallel to and 75 teet North of as measured at right angles to, the NOL"th line
of the 51/2 at the NEl/4 of the SEl/4 of tlte SW1/1 of said Section 3 a distance of 40
teet to the point at intersection with a line parallel to and 40 teet West of, as
measured at L"ight angles to, the East line at the NE1/4 of the SEl/4 ot the SW1/4 of
said Section 3; thence run South 00031' 59" East along the last described line a
distance at 335.36 feet to the point of intersection with a line parallel to and 70
teet North at, as measured at right angles to, the South line of the NEl/4 of the
SEl/4 of the SW1/4 at said Section 3; thence L"Un South 09059' 25" East along the last:
described line a distance of 40 feet to the Point of [leginning.
And, a tract lying East at and, contiguous to the above described property, described
as:
PARCEL 2:
A tract at land in the Sll2 at the Sl/2 of Fractional Section 3, Township 52 South,
Range 42 East, Dade County, Florida, being particularly described as follows:
Commence at the Southwest corner of the NWl/4 at the SWl/4 at the SEl/4 of said
Fractional Section 3; thence run North 00031' 59" West along the West line of the NWl/4
at the SWl/4 at the SEl/4 at said Fractional Section 3 a distance of 70 feet to a
point; thence run South 09059'45" East along a line parallel to 70 feet NOL-th of, as
measured at right angles to, the South line at the NWl/1 at the sWl/4 at the SEl/4 of
said Section 3 a distance of 295. feet to the Point Of Beginning of the tract of land
hereinafter to be described; thence continue on the last described course a distance
of 150.02 feet to a point; thence rUn North 00031'59" West along a line parallel to
and 445 feet East of. as' measured at right anyle,; to, the West line of the NWl/4 of
the SWl/4 of the SEl/4 of said Section 3 a distance of 3J5.15 feet to the point of
intersection with a line parallel to and 75 feet North of, as measured at right angles
to the North line of the 51/2 of the NW 1/4 Of the SWl/4 of the SEl/4 of said Section
~ 3; '~aid line being the high water line of an existing canal; thence rUn North
09050' IS" West along the last descL-ibed line a distance 150.02 feet to a point; thence
run South 00031'59" East a distance of 335.21 feet to the Point of Beginning. Subject
to a 12-foot wide Drainage Easement lying West of and contiguous to the East boundary
of the heretofore described tract, which was recorded May 5, 1970 in Official Records
Book 6845, page 43, of the Public Records of Dade County, Florida.
AND, ALSO, the Southerly portion of a canal bordering the above described property on
the Norther ly s ide thereof described as follows:
rnMTH1!rr.n
PARCEL 3:
Off. ~ Q 71 OIil'?')1) i
REi::. I U( Uf~J~t
':h'.CORDEr.W0FFIC'AI_ RECORDS BOOK
Of' !JADE COUNTY, FLORIDA.
RECORD VE:RIFiED
HARVEY RUVIN
CLERK CIRCUIT COURT _ j
A tract of land in the Sl/2 of the Sl/2 of Fractional Section 3, Township 52 South,
Range 42 Ed~t, Dade County, Florida, being particularly described as follows:
Commence at the Southwest corner of the NW1/4 of the SWl/4 of the SEl/4 of said
Fractional Section 3; thence run North 00.31'59" West along the West line of the NWl/4
of the SWl!4 of the SE1/4 of said Fractional Section 3 a distance of 405.34 feet to
the point of Intersection with a line parallel to and 75 feet North of, as measured at
right angles to, the North line of the South 1/2 of the NW1/4 of the SWl/4 of the,
SE1/4 of said Section 3, said point being the Point of Beginning of the tract of land
hereinafter to be described; thence run South 09.50' 15" East along the last c\escribecl
line, being along the high water line of an existing canal, a distance of 445.02 feet
to a point; thence run North 00031'59" West along a line parallel to and 445 feet East
of, as measured at right angles to, the West line of the NWl!4 of the S~Il!4 of the
SEl/4 of said Section 3 a distance of 50 feet to a point of intersection with a line
parallel to and 125 feet North of, as measured at right angles to the North boundary
of the Sl/2 of the NWl!4 of the SW1/4 of the SE1/4 of said Section 3; thence run North,
89.50'15" west along the last described line a distance of 445.02 feet to the point of
intersection with the West boundary of the NW1/4 of the SW1/1 of the, SE1/1 of said
Section ); thence run North 09050' 05" West along a line parallel to and 125 feet North
of, as measured at right angles to, the North boundar.y oE the 51/2 of the NE1!1 of the
SE1/4 of the SW1!4 of said Section 3 a distance of 40 feet to the point of
intersection with a line parallel to and 40 feet West of. as measured at right angles
to, the East boundary of the NE1!4 of the SE1!4 of the 5W1!4 of said Section 3; thence
run South 000)1'59" East along the last described line a distance of 50,00 feet to a
point; thence run ~outh 09050'05" East a distance of 10.00 feet to the Point of
Beginning.
Together with a perpetual, non-exclusive easement to use that certain canal described
as Parcel 3 herein conveyed as a part, together and in common with and to the same
extent as all other owners of land abutting'said canal, which canal is .the subject of
that certain Easement Agreement between the grantor herein, R. B. Gautier, Jr.,
Individually and as Trustee, joined by his wife, Francis Gautier, and North Dade
Acres, Inc., a Florida torporation, dated June 1, 1962, recorded June 6, 1962, in
Clerk's File No. 62R 96896 in the Public Records of Dade County, Florida.
'-
END OF LEGAL DESCRIPTION
Retum To:
City of Aventura
Office of the City Clerk
19200 West Country Club Drive
Aventura, FL 33180
AMENDMENT TO DECLARATION OF RESTRICTIONS
RECORDED IN OFFICIAL RECORDS BOOK 18718, PAGE 3286
KNOW ALL MEN BY THESE PRESENTS that the undersigned, Owner of the following
described property (the "Property"), lying, being and situated in the City of Aventura
("City"), Miami-Dade County, Florida, to wit:
SEE ATTACHED EXHIBIT "A"
Also known as 3001 NE 185 Street, Aventura, Florida.
WHEREAS, the Owner, on January 26, 2001, filed an Application for Site Plan Approval
with the City of Aventura, and simultaneously applied for modification of the previously
recorded Declaration of Restrictions recorded in Official Records Book 18718, Page 3286
through Application No. 07-SP-01 ("Application").
NOW, THEREFORE, that certain Declaration of Restrictions recorded in Official Records
Book 18718, Page 3286 is hereby amended only as follows:
A. Amendment of restriction (3) on page 1 of the Declaration of Restrictions in
order to extend the timeframe in which the Owner shall file an application for zoning
approval with the City from "within seventy-five (75) days" to "within twenty (20)
months", by revising:
From: "That the Owner shall file within seventy-five (75) days an application for
zoning approval with the City subject to the following guidelines: .. . "
To: "That the Owner shall file within twenty (20) months an application for
zoning approval with the City subject to the following guidelines: . . . "
All other items in the previously recorded Declaration of Restrictions recorded in Official
Records Book 18718, Page 3286 shall remain in full force and effect, except as amended
herein.
IN WITNESS WHEREOF, the parties hereto, each have caused this Amendment to be
executed by their respective authorized agents as of the _ day of , 2001,
EXHIBIT #3
CITY OF AVENTURA:
Attest:
Eric M. Soroka, City Manager
City Clerk
Approved:
City Attorney
STATE OF FLORIDA )
:ss
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this _ day of , 2001, by Eric M. Soroka as
the City Manager of the City of Aventura. He is personally known to me or produced
as identification and did (did not) take an oath.
Print Name:
Title:
Serial No.:
My Commission Expires:
AVENTURA BAY VILLAS CORPORATION
By:
Print Name, Title
Sign:
Witness (Print Name)
STATE OF FLORIDA )
:ss
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this _ day of
who is personally known to me or produced
identification and did (did not) take an oath.
,2001, by
as
Print Name:
Title:
Serial No,:
My Commission Expires:
2
LEGAl DESCRIPTION:
PARCEL 1:
A tract of land in the S 1/4 of the S 1/4 of Fractional Section 3, Township 52 South, Range
42 East, Miami-Dade' County, Florida, more particularly described as follows:
Commence at the Southwest comer of the NW 1/4 of the SW 1/4 of the SE 1/4 of Fractional
Section 3, Township 52 South, Range ,42 East, Miami-Dade County, Florida; thence run N
00'31'59" W along the West line of the NW 1/4 of the SW 1/4 of the SE 1/4 of said Section
3 far a distance of 10' feet to the POINT OF BEGINNING of the tract of land herein described;
thence, run S 69'59'45"', E along a' line parallel to and 70 feet North of as measured at right
angles to the Sd,uth line of the NW 1/4 of the SW 1/4 of the SE 1/4 of said Section 3 far
a distance of 295.00 feet to a point; thence run N 00'31'59" W along a line parallel to and
294.99' feet East' of, as measured, at, right angles to' the West line of the NW 1/4 of the SW
1/4 of the SE 1/4 of said ,Section 3 for a distance of 335.21 feet to the point of
intersection: with a line parallel to ~nd 75 feet North ,?f, as measured at right angles to the
North Line of the S 1/~ of the NW 1/4 of the SW 1/4 of the. SE 1/4 of said Section 3, said
line being the high water line of on existing conal; thence rUn N 69'56'15" W along the lost
described lire 0 distanc~ of 295.00 fe!'t to the point of interSection with the West line of the
NW 1/4 of, the,!jW 1/4, of the SE 1/:+ of. said Section 3; thence run N 69'56'05" W along 0
line p9rallel to ,a~d 75 (eet North: 90, rl)easured at right ongles to the Nor;t.h 'lIne of the S 1/2
of the (NIL 1/4 afi the. Sf lf4iaf; ~i ':N/ ,1/4. of .said Sl!(;tian 3 0 distance of 40 feet to the
paint of intersection with 0 line parallel to and 40 feet West of, os measured at right angles
to the East line of the NE 1/4 of the SE 1/4 of the SW 1/4 of said Section 3; thence run S
00'31'59" E along the last described line 0 distance of 335.36 feet to 0 point of intersection
with a line parallel to and 70 feet North of, os measured at right angles to the South line of
the NE 1/4 of the SE 1/4 of the SW 1/4 of said Section 3; thence run S 69'59'25" E along
the lost described line 0 distance of 40 feet to the POINT OF BEGINNING.
And 0 tract lying East of and contiguous to the above described property, described os:
PARCEL 2:
A tract of land in the S 1/2 of the S 1/2 of Fractional Section 3, Township 52 South, Range
42 East, Miami-Dade County, Florida, more particularly described os follows:
Commence at the Southwest corner of the NW 1/4 of the SW 1/4 of the SE 1/4 of said
Fractional Section 3; thence run N 00'31'59" W along the West line of the NW 1/4 of the SW
1/4 of the SE 1/4 of said Section 3 for 0 distance of 70 feet to 0 point; thence run S
69'59'45" E along 0 line parallel to and 70 feet North of os measured at right angles to the
South line of the NW 1/4 of the ':N/ 1/4 of the SE 1/4 of said Section 3 for 0 distance of
295.00 feet to the POINT OF BEGINNING to the tract of land hereinafter to be described;
thence continue on the lost described course 0 distance of 150.02 feet to 0 point; thence run
N 00'31'59" W along 0 line parallel to and 445 feet East of, as measured at right angles to
the West line of the NW 1/4 of the SW 1/4 of the SE 1/4 of said Section 3 for 0 distance
of 335.15 feet to the point of intersection with 0 line parallel to and 75 feet North of, as
measured at right angles to the North Line of the S 1/2 of the NW 1/4 of the ':N/ 1/4 of
the SE 1/4 of sold Section 3, sold line being the high water line of on existing conal; thence
run N 69'56'15" W along the last described line 0 distance of 150.02 feet to 0 point; thence
run S 00'31'59" E along the lost described line 0 distance of 335.21 feet to the POINT OF
BEGINNING. Subject to 0 12-foot wide Drainage Easement lying West of and contiguous to the
East boundary of the heretofore described tract, which was recorded May 5, 1970 in Official
Records Book 6845, Page 43 of the Public Records of Miami-Oade County, Florida.
AND, ALSO, the Southerly portion of 0 canal bordering on the above-described property on the
Northerly side thereof described as follows:
EXHIBIT "A"
PARCEL 3:
A tract of land in the S 1/2 of the S 1/2 of Fractional Section 3, Township 52 South, Range
42 East, Miami-Dade County, Florida, more particularly described os follows:
Commence at the Southwest corner of the NW 1/4 of the SW 1/4 of the SE 1/4 of Fractional
Section 3; thence run N 00'31'59" W along the West line of the NW 1/4 of the SW 1/4 of
the SE 1/4 of said Fractional Section 3 for a distance of 405.34 feet to the point of
intersection with 0 line parallel to and 75 feet North of, os measured at right angles to the
North line of the S 1/2 of the NW 1/4 of the SW 1/4 of the SE 1/4 of said Section 3, said
point being the POINT OF BEGINNING of the tract of land hereinafter to be described; thence
run S 89'58'15" E along the lost described line, being along the high water line of on existing
conal, 0 distance of 44S.02 feet to 0 point; thence run N 00'31'S9" W along 0 line parallel to
and 445 feet East of, os measured at right angles to the West line of the NW 1/4 of the SW
1/4 of the SE 1/4 of said Section 3 0 distance of SO feet to 0 point of intersection with 0
line parallel to and 12S feet North of, os measured at right angles to the North boundary of
the S 1/2 of the NW 1/4 of the SW 1/4 of the SE 1/4 of said Section 3; thence run N
89"58' 15" W along the lost described line of 0 distance of 445.02 feet to 0 point of
intersection with the West boundary of the NW 1/4 of the SW 1/4 of the SE 1/4 of said
Section 3; thence run N 89"58'05" W along 0 line parallel to and 125 feet North of, os
measured at right angles to the North boundary of the S 1/2 of the NE 1/4 of the SE 1/4
of the SW 1/4 of said Section 3 0 distance of 40 feet to the point of intersection with 0 line
parallel to and 40 feet West of, os mllasured at right angles to the East boundary of the NE
1/4 of the SE 1/4 of the SW 1/4 of said Section 3; thence run S 00'31'59" E along the lost
described line 0 distance of 50.00 feet to 0 point; thence run S 89'S8'OS" E 0 distance of
40.00 feet to the POINT OF BEGINNING,
Together with a perpetual, non-exclusive easement to use that certain conal described os
Parcel 3 herein conveyed os a port, together and in common with and to the some extent os
011 other owners of land abutting sold conal, which conal is the subject of that certain
Easement Agreement between the grantor herein, R.B. Goutier, Jr" Individually and os Trustee,
joined by his wife, Frances Goutier, and North Dade Acres, Inc., 0 Florida corporation, doted
June 4, 1962. recorded June 6, 1962, in Clerk's File No. 62R 98896, in Official Record Book
3185, Page 743 of the Public Records of Miami-Dade county, Florida.
LEGAL DESCRIPTION:
PARCEL 1:
A tract of land in the S 1/4 of the S 1/4 of Fractional Section 3, Township 52 South, Range
42 East, Miami-Dade County, Florida, more particularly described os follows:
Commence at the Southwest corner of the NW 1/4 of the SW 1/4 of the SE 1/4 of Fractional
Section 3, Township 52 'South, Range 42 East, Miami-Dade County, Florida; thence run N
0D"31'59" W along the West line of the NW 1/4 of the SW 1/4 of the SE 1/4 of .aid Section
3 for 0 distance of 10' feet to the POINT OF BEGINNING of the tract of land herein described;
thence run S 89"59'45" E along 0 'lihe parallel to and 70 feet North of os measured at right
angle. to the Sciuth IIn,; of the NW 1/4 of the SW 1/4 of the SE 1/4 of .aid Section 3 for
o distance of 29'5.00 feet to 0 point; thence run N 0D"31'59" W along 0 line parallel to and
294,99' feet Ea.t' of, os measured at, right angles to: the West line of the NW 1/4 of the SW
1/4 of the SE 1/4 of said ,Section 3 for 0 distance of 335.21 feet to the point of
intersection, with 0 line l'arallel to ?nd, 75 feet North ,Of, os measured at right angles to the
North Line of the S 1/i! of the NW 1/4 of the SW 1/4 of the SE 1/4 of said Section 3, said
line being the high water line of on existing conal: thence run N 89'58'15" W along the lost
described Iipe 0 distance, of 295.00 feet to the point bf interSection with the West line of the
NW 1/4 of. the, ~W 1/4, of the SE 1/4 of, said Section 3; thence run N 89"58'05" W along 0
line porollel to ,o~d 75 'feet North: os. rT)easured at right ongles to the' No,r;th line of the S 1/2
of the:<NE 1/4 o~ the. SE l/4,cof;thll: SW1/40f said Se<;tion 3 0 <;Iistance of 40 feet to the
point of intersection with 0 line parallel to and 40 feet West of, os measured at right angles
to the East line of the NE 1/4 of the SE 1/4 of the SW 1/4 of said Section 3; thence run S
0D"31 '59" E along the lost described line () distance of 335.36 feet to 0 point of intersection
with 0 line parallel to and 70 feet North of, os measured at right angles to the South line of
the NE 1/4 of the SE 1/4 of the SW 1/4 of ,said Section 3; thence run S 89'59'25" E <Jlong
the lost described line 0 distance of 40 feet to the POINT OF BEGINNING.
And 0 tract lying East of and contiguous to the above described property, described os:
PARCEL 2:
A tract of land in the S 1/2 of the S 1/2 of Fractional Section 3, Township 52 South, Range
42 East, Miami-Dade County, Florida, more particularly described os follows: .
Commence at the Southwest corner of the NW 1/4 of the SW 1/4 of the SE 1/4 of said
Fractional Section 3; thence run N 00'31'59" W along the West line of the NW 1/4 of the SW
1/4 of the SE 1/4 of said Section 3 for 0 distance of 70 feet to 0 point; thence run S
89'59'45" E along 0 line parallel to and 70 feet North of os measured at right angles to the
South line of the NW 1/4 of the SW 1/4 of the SE 1/4 of said Section 3 for 0 distance of
295.00 feet to the POINT OF BEGINNING to the tract of land hereinafter to be described;
thence continue on the lost described course 0 distance of 150,02 feet to 0 point; thence run
N 0D"31'59" W along 0 line parallel to and 445 feet Ea.t of, a. meosured at right angle. to
the West line of the NW 1/4 of the SW 1/4 of the SE 1/4 of said Section 3 for 0 distance
of 335.15 feet to the point of intersection with 0 line parallel to ond 75 feet North of, os
measured at right angles to the North Line of the S 1/2 of the NW 1/4 of the SW 1/4 of
the SE 1/4 of said Section 3, said line being the high water line of on existing conal; thence
run N 89'58'15" W along the lost described line 0 distance of 150,02 feet to 0 point; thence
run S 00'31 '59" E along the lost described line 0 distance of 335,21 feet to the POINT OF
BEGINNING. Subject to 0 12-foot wide Drainage Easement lying West of and contiguous to the
East boundary of the heretofore described tract, which was recorded May 5, 1970 in Official
Records Book 6845, Page 43 of the Public Records of Miami-Dade County, Florida.
AND, ALSO, the Southerly portion of Q conal bordering on the above-described property on the
Northerly side thereof described os follows:
EXHIBIT #4
PARCEL 3:
A tract of land in the S 1/2 of the S 1/2 of Fractional Section 3, Township 52 South, Range
42 East, Miami-~ade County, Florida, more particularly described os follows:
Commence at the Southwest corner of the NW 1/4 of the SW 1/4 of the SE 1/4 of Fractional
Section 3; thence run N 00'31'59" W along the West line of the NW 1/4 of the SW 1/4 of
the SE 1/4 of said Fractional Section 3 for 0 distance of 405.34 feet to the point of
intersection with 0 line porollel to and 75 feet North of, os measured at right angles to the
North line of the S 1/2 of the NW 1/4 of the SW 1/4 of the SE 1/4 of said Section 3, said
point being the POINT OF BEGINNING of the tract of land hereinafter to be described: thence
run S 89'58'15" E along the lost described line, being along the high water line of on existing
canol, 0 distance of 445.02 feet to 0 point; thence run N 00'31'59" W along 0 line parallel to
and 445 feet East of, os measured at right angles to the West line of the NW 1/4 of the SW
1/4 of the SE 1/4 of said Section 3 0 distance of 50 feet to 0 point of intersection with 0
line parallel to and 125 feet North of, os measured at right angles to the North boundary of
the S 1/2 of the NW 1/4 of the SW 1/4 of the SE 1/4 of said Section 3; thence run N
89'58' 15" W along the lost described line of 0 distance of 445.02 feet to 0 point of
intersection with the West boundary of the NW 1/4 of the SW 1/4 of the SE 1/4 of said
Section 3; thence run N 89'58'05" W along 0 line parallel to and 125 feet North of, os
measured at right angles to the North boundary of the S 1/2 of the NE 1/4 of the SE 1/4
of the SW 1/4 of said Section 3 0 distance of 40 feet to the point of intersection with 0 line
parallel to and 40 feet West of, os measured at right angles to the East boundary of the NE
1/4 of the SE 1/4 of the &II 1/4 of said Section 3; thence run S 00'31'59" E along the lost
described line 0 distance of 50.00 feet to 0 point; thence run S 89'58'05" E 0 distance of
40.00 feet to the POINT OF BEGINNING,
Together with a perpetual, non-exclusive easement to use that certain canol described as
Parcel 3 herein conveyed as 0 part, together and in common with and to the same extent 09
all other owners of land abutting sold canol, which canal is the subject of thot certain
Easement Agreement between the grantor herein, R.B. Goutier, Jr., Individually and os Trustee,
joined by his wife, Frances- Goutier, and North Dade Acres, Inc., 0 Florida corporation, doted
June 4, 1962,' recorded June 6, 1962, in Clerk's File No, 62R' 98896, in Official Record Book
3185, Page 743 of the Public Records of Miami-Dade county, Florida,
The c~ of
Aventura
I':!\
~,
MINUTES
COMMISSION PLANNING SESSION
APRIL 2, 2001 9 AM
Aventura Government Center
2999 NE 191" Street #500
Aventura, Florida 33180
The meeting was called to order at 9:00 a.m. by Vice Mayor Jay R. Beskin, Present
were Commissioners Arthur Berger, Ken Cohen, Manny Grossman, Harry Holzberg,
Patricia Rogers-Libert, Vice Mayor Beskin, Mayor Jeffrey M. Perlow (arrived at 9:10
a.m.), City Manager Eric M. Soroka, City Clerk Teresa M. Soroka, and City Attorney
David M. Wolpin. As a quorum was determined to be present, the meeting
commenced.
1. INTRODUCTION: (Mayor Perlow)
2, COMMUNITY/RECREATION CENTER: Mr. Soroka reviewed revisions to several
areas of the facilities included in this project in accordance with Commission concerns
expressed at the March 2ih Workshop Meeting, Commission expressed approval of
the changes.
Discussion ensued as to purchase of the Tempest property. City Manager to give
written notice to present owner that Commission will commence "slow-take"
proceedings to acquire the property in the event that Seller does not accept City's
present offer of $4 million purchase price within the next 2 weeks,
3. 199TH STREET OPENING ALTERNATIVES: Mr. Soroka read a letter he received
from FOOT, requested by George Berlin, stating that FOOT would not consider an at-
grade crossing at Biscayne Blvd./192nd Street. Commission discussed in detail the
Lehman Causeway and 199th Street openings. Commissioners Berger, Cohen,
Holzberg, Grossman and Vice Mayor Beskin expressed their desire to place a
Resolution on the April 3, 2001 Commission agenda rescinding Resolution 2000-75
regarding 199th Street crossing at Biscayne Boulevard and indicating that Commission
does not support the reopening of this crossing. City Manager to discuss with Florida
Department of Transportation opening of crossing at Lehman Causeway/Biscayne
Boulevard.
4. TOWN CENTER/NE 188TH REDEVELOPMENT: Staff presented revised Town
Center Concept Plan. Consensus of Commission to proceed with preparation of
Comprehensive Plan and zoning amendments to implement the revised concept.
5. EXPANSION OF RECREATION AND CULTURAL ARTS ADVISORY BOARD:
Mayor Perlow proposed expanding both Advisory Boards to 15 members (7 appointed
by Commission and 8 through application process) and time change of meetings to late
afternoon/early evening. Mayor formed a Committee comprised of Commissioners
Berger, Holzberg and Vice Mayor Beskin (Chair) to discuss increased participation by
the community through Advisory Boards, Le. additional Boards, change in selection
process, number of members and time/date of meetings, etc,
Mayor appointed another Committee comprised of Commissioners Cohen (Chair),
Grossman and Rogers-Libert to study ways to achieve increased voter turnout, policing
public safety and recommendations regarding traffic improvements.
6. ADVISORY BOARD APPOINTMENT PROCESS: (included in #5 discussion
above)
7. IMPROVEMENTS TO VOTER TURNOUT: (included in #5 discussion above)
8, MAYOR'S CERTIFICATE OF APPRECIATION: Commission discussed and
approved honoring a deserving citizen on a regular basis in the form of a Mayor's
Certificate of Appreciation.
After further discussion, at the suggestion of the City Manager, the policing of public
safety was removed by the Mayor from the Committee's responsibility (as formed
above) and Commission requested that a Workshop be scheduled to discuss with
staff, including the Police Chief, the concerns of the Commission regarding police
issues. Commission expressed desire to televise monthly police briefings in
conjunction with televising of Commission meetings on the cable channel.
Commission discussed other potential projects and suggested plans for the future.
ADJOURNMENT: There being no further business to come before the Commission at
this time, after motion made, seconded and unanimously passed, the meeting
adjourned at 12:35 p.m.
Teresa M. Soroka, CMC, City Clerk
Approved by the Commission on
,2001.
Anyone wishing to appeal any decision made by the City Commission with respect to any matter considered at a
meeting or hearing wili need a record of the proceedings and, for such purpose, may need to ensure that a verbatim
record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be
based,
2
The C~ of
Aventura
@
.',-...",/
MINUTES
CITY COMMISSION MEETING
APRIL 3, 2001 6 PM
Aventura Government Center
19200 W. Country Club Drive
Aventura, Florida 33180
1. CALL TO ORDER/ROLL CALL: The meeting was called to order at 6:04 p.m. by
Mayor Jeffrey M. Perlow. Present were Commissioners Arthur Berger, Ken Cohen,
Manny Grossman, Harry Holzberg, Patricia Rogers-Libert, Vice Mayor Jay R, Beskin,
Mayor Perlow, City Manager Eric M, Soroka, City Clerk Teresa M, Soroka and City
Attorney David M, Wolpin. As a quorum was determined to be present, the meeting
commenced,
2, PLEDGE OF ALLEGIANCE: William Landa led the pledge of allegiance.
3, ZONING HEARINGS:
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, .
Mr. Wolpin read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, APPROVING A SIGN VARIANCE FOR
AVENTURA TIRE & AUTO SERVICE CENTER, INC., LOCATED AT
20307 BISCAYNE BOULEVARD, TO ALLOW THE EXISTING SECOND
WALL SIGN ON THE NORTH ELEVATION WITH AN AREA OF 44
SQUARE FEET, WHERE 30 SQUARE FEET IS PERMITTED BY CODE
FOR A SECOND WALL SIGN AT 50% OF THE PRIMARY SIGN FOR A
THROUGH LOCATION; APPROVING A SIGN VARIANCE TO ALLOW
THE EXISTING THIRD WALL SIGN ON THE SOUTH ELEVATION WITH
AN AREA OF 40 SQUARE FEET, WHERE TWO WALL SIGNS ARE
PERMITTED FOR A THROUGH LOCATION; DENYING A SIGN
VARIANCE TO ALLOW THE EXISTING POLE SIGN, WITH PROPOSED
MODIFICATIONS, AT THE SOUTHEAST CORNER OF THE PROPERTY
WITH AN AREA OF 336 SQUARE FEET, WHERE POLE SIGNS ARE
PROHIBITED BY CODE; DENYING A SIGN VARIANCE TO PERMIT
A NEW FOURTH WALL SIGN ON THE NORTH ELEVATION WITH AN
AREA OF 60 SQUARE FEET, WHERE TWO WALL SIGNS ARE
PERMITTED FOR A THROUGH LOCATION; PROVIDING AN
EFFECTIVE DATE,
Brenda Kelley, Community Development Director, explained the request of the
applicant and entered the staff report into the record. Mayor Perlow opened the
public hearing, The following individuals addressed the Commission: Jeff
Kranitz, and Steve Kranitz, representing the applicant; Richard Allen, Esq., 150
West Flagler Street, and Dave Siegel, representing Promenade Shops. There
being no further speakers, the public hearing was closed. A motion for approval
was offered by Commissioner Rogers-Libert and seconded by Commissioner
Grossman. A motion to table this matter for 3 months, with abatement of any
code enforcement proceedings during this period, was offered by Commissioner
Cohen, and seconded by Commissioner Rogers-Libert. The motion to table
failed, 3-4, with Commissioners Cohen, Holzberg and Grossman voting yes and
Commissioners Berger, Rogers-Libert, Vice Mayor Beskin and Mayor Perlow
voting no. Mayor Perlow passed the gavel to Vice Mayor Beskin. A motion was
offered by Mayor Perlow and seconded by Commissioner Rogers-Libert to
amend the Resolution to deny the pole sign and grant a monument sign not to
exceed 15' in height, subject to final approval by Commission; upon installation
of monument sign, wall sign on south facing stating "Aventura Tire & Auto
Service Center, Inc," be removed; existing other sign on south side be
approved; sign on north side "Foreign/Domestic Auto Center" be approved; and
that this action shall not be prejudicial to the Shopping Center in their future sign
requests. Vice Mayor Beskin passed the gavel back to Mayor Perlow, A motion
to table this request for 6 months was offered by Vice Mayor Beskin, seconded
by Commissioner Holzberg and passed 4-3, with Commissioners Berger,
Rogers-Libert and Mayor Perlow voting no. A motion was offered by
Commissioner Rogers-Libert and seconded by Commissioner Cohen to provide
for abatement of code enforcement proceedings during the six-month period or
until such time as a sign package for the entire Shopping Center is submitted by
Promenade Shops, whichever shall occur first. The motion passed 6-1 with
Commissioner Holzberg voting no.
4. ELECTION OF VICE MAYOR: A motion to nominate Ken Cohen as Vice Mayor for
the next 6-month period was offered by Commissioner Holzberg, seconded by Vice
Mayor Beskin and unanimously passed.
5. APPROVAL OF MINUTES: A motion to approve the minutes of the March 13,2001
Commission Meeting, and March 27, 2001 Commission Workshop was offered by
Commissioner Rogers-Libert, seconded by Commissioner Berger and unanimously
passed.
6. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: A motion
to add the following Resolution to the agenda for consideration as item 11 was
offered by Commissioner Beskin, seconded by Vice Mayor Cohen and passed, 5-2,
with Commissioner Rogers-Libert and Mayor Perlow voting no.
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA RESCINDING RESOLUTION NUMBER 2000-16 AND RESOLUTION
2
NUMBER 2000-75, WHICH HAD SUPPORTED THE OPENING OF THE
RAILROAD CROSSING AND HAD AUTHORIZED THE CITY MANAGER TO
EXECUTE A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY,
TURN BERRY ASSOCIATES AND FLORIDA EAST COAST RAILWAY, LLC,
RELATING TO THE RAILROAD CROSSING AT NORTHEAST 199TH STREET;
AND PROVIDING AN EFFECTIVE DATE.
7. SPECIAL PRESENTATIONS: None.
8, CONSENT AGENDA: A motion to approve the Consent Agenda was offered by
Commissioner Rogers-Libert, seconded by Vice Mayor Cohen, unanimously passed
and the following action was taken:
A. Resolution No, 2001-22 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, APPROVING THE APPOINTMENT OF DAN
EICHMANN TO THE CITY OF AVENTURA BEAUTIFICATION
ADVISORY BOARD IN ORDER TO FILL A VACANCY; AND
PROVIDING AN EFFECTIVE DATE,
B. Resolution No. 2001-23 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA APPROVING AND AUTHORIZING THE CITY
MANAGER TO EXECUTE AND OTHERWISE ENTER INTO THE
ATTACHED CHANGE ORDER FOR THE AVENTURA GOVERNMENT
CENTER, BY AND BETWEEN THE CITY AND JAMES A, CUMMINGS,
INC; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION;
AND PROVIDING AN EFFECTIVE DATE.
C. The following motion was approved:
MOTION TO ACCEPT FOR FILING THE COMPREHENSIVE ANNUAL
FINANCIAL REPORT FOR THE FISCAL YEAR ENDED SEPTEMBER
30,2000
D. The following motion was approved:
MOTION TO APPROVE CHARTER SCHOOL ACTION PLAN IN
ACCORDANCE WITH CITY MANAGER'S MEMORANDUM DATED
MARCH 28, 2001
3
9. PUBLIC HEARING: ORDINANCES - FIRST READING: None.
10. PUBLIC HEARING: ORDINANCES - SECOND READING: None,
11, RESOLUTIONS:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, RESCINDING RESOLUTION NUMBER 2000-
16 AND RESOLUTION NUMBER 2000-75, WHICH HAD SUPPORTED
THE OPENING OF THE RAILROAD CROSSING AND HAD
AUTHORIZED THE CITY MANAGER TO EXECUTE A MEMORANDUM
OF UNDERSTANDING BETWEEN THE CITY, TURNBERRY
ASSOCIATES AND FLORIDA EAST COAST RAILWAY, LLC,
RELATING TO THE RAILROAD CROSSING AT NORTHEAST 199TH
STREET; AND PROVIDING AN EFFECTIVE DATE,
In consideration of correspondence from Gus Pego, PE Director of Operations
for Florida Department of Transportation, a motion to table for further review was
offered by Commissioner Berger and seconded by Commissioner Grossman.
The motion failed, 3-4, with Commissioners Berger, Grossman and Mayor Perlow
voting yes and Commissioners HOlzberg, Rogers-Libert, Beskin and Vice Mayor
Cohen voting no, A motion to adopt the resolution was offered by Commissioner
Beskin and seconded by Vice Mayor Cohen. The following individuals
addressed the Commission: Don Soffer, Turnberry Associates; Chief William
McDonald, Miami-Dade County Fire Department; George Berlin, representing
Turnberry Associates; William Landa, Country Club Drive; Emil Hubschman,
Aventura Chamber of Commerce. A motion to table this matter for discussion at
a Special Workshop Meeting was offered by Commissioner Rogers-Libert, and
seconded by Mayor Perlow. The motion failed, 3-4, with Mayor Perlow, and
Commissioners Berger and Rogers-Libert voting yes, and Commissioners
Beskin, Grossman, Holzberg and Vice Mayor Cohen voting no. The motion for
approval of the Resolution passed 4-3, with Commissioners Beskin, Grossman,
Holzberg and Vice Mayor Cohen voting yes, and Commissioners Berger,
Rogers-Libert and Mayor Perlow voting no and Resolution 2001-24 was
adopted.
12. OTHER BUSINESS: None,
13. PUBLIC COMMENTS: None.
14, REPORTS: None.
4
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
,2001.
Anyone wishing to appeal any decision made by the City Commission with respect to any matter considered at a
meeting or hearing wili 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,
5
The C~ of
AVentura
~.
....,,/
MINUTES
COMMISSION WORKSHOP MEETING
APRIL 23, 2001 9 AM
Aventura Government Center
2999 NE 191" Street #500
Aventura, Florida 33180
The meeting was called to order at 9:00 a.m. by Mayor Jeffrey M. Perlow. Present were
Commissioners Arthur Berger, Jay R. Beskin, Manny Grossman, Harry Holzberg, Vice
Mayor Ken Cohen, Mayor Perlow, City Manager Eric M, Soroka, City Clerk Teresa M.
Soroka, and City Attorney David M. Wolpin, Commissioner Patricia Rogers-Libert was
absent. As a quorum was determined to be present, the meeting commenced,
1. BOARD REPORTS: None.
2, QUASI JUDICIAL ORDINANCE: Mr. Wolpin explained the changes in this
proposed ordinance from the current legislation and addressed Commission's
concerns.
CITY MANAGER SUMMARY: Ordinance to be revised in accordance with
Commission's concerns and addressed for first reading at May Commission
meeting. Consensus of Commission to workshop all ordinances proposed to be
codified prior to first reading,
3, COMMISSION SUB-COMMITTEE REPORTS: Vice Mayor Cohen reported on the
recent sub-Committee regarding elections and presented proposed suggestions.
Consensus of Commission to approve recommendations of sub-Committee, In
addition, the Mayor suggested that letters be distributed to all
Condominium/Homeowners Associations notifying of the election and including a
notice to be posted at each property. City Manager to research using City shuttle
bus service for Town Hall Meetings.
CITY MANAGER SUMMARY: Recommendations of sub-Committee and
Commission to be implemented for May 15, 2001 Special Election.
4, PRESENT/MUTCHNIK VS, CITY OF AVENTURA: Mr. Wolpin discussed request
by Ruth Present and Marion Mutchnik for approval to construct on the subject
property up to 20-story building for specific uses set forth in their written request
dated March 27, 2001 from Spencer H. Fox, Esq.
CITY MANAGER'S SUMMARY: Consensus that the City respond that any requests
for zoning changes be requested via variance process.
5, RECOMMENDED CERTIFICATE OF APPRECIATION: Requests and suggested
honorees to be discussed at a Workshop Meeting prior to presentation at
Commission meeting. Certificates to be presented to Aventura Hospital and Medical
Center, Coronado Condominium and Charter Revision Commission members,
CITY MANAGER'S SUMMARY: same as above
6. PROCLAMATIONS (Vice Mayor Cohen): Commission discussed the procedure for
issuance of proclamations. Vice Mayor Cohen suggested names of Commission be
included on each proclamation.
CITY MANAGER'S SUMMARY: City Clerk to provide a sample proclamation with
Commissioners names printed thereon for Commission consideration.
Mr. Soroka updated Commission on status of transition to the new Government Center;
and status of his recent meeting with County Library officials.
Mayor discussed holding Town Hall Meetings at each Condominium/Homeowner
Association or in the alternative, at Government Center once or twice monthly to listen
to citizen input and update residents on activities of City.
ADJOURNMENT: There being no further business to come before the Commission at
is time, after motion made, seconded and unanimously passed, the meeting adjourned
at 11 a.m.
Teresa M. Soroka, CMC, City Clerk
Approved by the Commission on
,2001.
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 appeai is to be
based.
2
CITY OF A VENTURA
CITY MANAGER'S OFFICE
MEMORANDUM
TO: City Commission
DATE: April 4, 2001
FROM:
BY: Antonio F. Tomei,
SUBJECT: Aventura Government Center
r1 ,1
May 1, 2001 City Commission Meeting Agenda Item I /1
Recommendation
It is recommended that the City Commission adopt the attached Resolution allowing for
conveyance of instruments for water facilities to Miami-Dade Water and Sewer
Authority installed for the Aventura Government Center.
Backaround
Miami-Dade Water and Sewer Department requires all instruments inclusive of the
conveyance documents be executed before final acceptance of the project by their
department. The City will convey a 22.50 x 25.00' and a 2.50' x 15.00' easement
inclusive of the water facilities within them. The facilities include a fire service line, a
domestic service line and a fire hydrant service line. Items within the package requiring
execution by the City include the attached "grant of easement" and "absolute bill of
sale" forms. Also attached please find the "warranty letter" and "cost breakdown" as
prepared and executed by the contractor, the "opinion of title" executed by the City
Attorney, the "easement legal description and sketch" as prepared by the civil
engineering consultant for the project, and 10 (ten) copies of the plat as prepared by
Keith & Schnars, PA and recorded with the Dade County.
If you have any questions or need any additional information, please feel free to
contact me.
RESOLUTION NO, 2001-_
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY
MANAGER TO EXECUTE CONVEYANCE DOCUMENTS
TO MIAMI DADE WATER AND SEWER AUTHORITY FOR
WATER FACILITIES INSTALLED FOR AVENTURA
GOVERNMENT CENTER; AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS NECESSARY TO CARRY
OUT THE AIMS OF THIS RESOLUTION; PROVIDING FOR
RECORDATION; AND PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The conveyance documents, as reflected on the attached Bill of
Sale, Warranty Letter, Cost Breakdown, Grant of Easement, Easement Legal
Description and Sketch, Opinion of Title and Recorded Plat, are hereby accepted and
the City Manager is authorized to cause such Conveyance Documents to be executed
and/or recorded in the Official Records of Miami-Dade County, Florida, subject to
confirmation by the City Attorney as to the legal form and sufficiency.
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.
, who
, and
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:
Commissioner Arthur Berger
Commissioner Jay R. Beskin
Commissioner Manny Grossman
Commissioner Harry Holzberg
Commissioner Patricia Rogers-Libert
Vice Mayor Ken Cohen
Mayor Jeffrey M. Perlow
Resolution No. 2001-_
Page 2
.
PASSED AND ADOPTED this 1 st day of May, 2001.
JEFFREY M. PERLOW, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
Tax Folio #
GRANT OF EASEMENT
THIS INDENTURE, made this day of 20 between
City of Aventura, a municipal corporation, whose mailing address is: 2999 N.E. 191
ST., Ste #500, Aventura, FL 33180, hereinafter called GRANTOR, and MIAMI-DADE COUNTY,
a political subdivision of the State of Florida, whose mailing address is: c/o ~ami-
Dade Water and Sewer Department, P,O, Box 330316, ~ami, Florida 33233-0316,
hereinafter called GRANTEE:
WIT N E SSE T H
----------
THAT, the GRANTOR, for and in consideration of the sum of TEN DOLLARS ($10.00)
and other good and valuable considerations, the receipt of which is hereby
acknowledged by the GRANTOR, has granted and does hereby grant, to the GRANTEE, its
successors and assigns, forever, the right, privilege and easement to construct,
reconstruct, lay, install, operate, maintain, relocate, repair, replace, improve,
remove and inspect water transmissiQn and distribution facilities and all
appurtenances thereto, and/or sewage transmission and collection facilities and all
appurtenant equipment, with full right of ingress thereto and egress therefrom on the
prop~rty of the ~RANTOR describ~d as follow$, to ~it:
See EXhibit "An attached
THE GRANTOR does hereby fully warrant that it has good title to the above
described property and that it has full power and authority to grant this easement,
IN WITNESS WHEREOF, the GRANTOR by its proper officials has hereunto set its hands
and seals the year and day first above written.
WITNESSETH:
Siqnature
CITY OF AVENTURA, A MUNICIPAL CORPORATION
Print name
Signature
Print name
By:
By:
SIGNATURE
(SEAL)
, Secretary
SIGNATURE
(SEAL)
, President
PRINT NAME
PRINT NAME
STATE OF FLORIDA
COUNTY OF DADE
The foregoing instrument was acknowledged before me this day of
,20 by , as City Manager
, as City Clerk, of City of Aventura a municipal
behalf of the municipal corporation. He/She/They is/are personally
has/have/hasn't/haven't produced as
and did/did not take an oath.
and
corporation on
known to me or
identification
NOTARY PUBLIC
SERIAL NUMBER
PRINT NAME
This instrument prepared by
Tomas R, Goicouria, New Business Manager
Miami-Dade Water and Sewer Department
3575 S. LeJeune Road
Miami, Florida 33233-0316
ABSOLUTE BILL OF SALE
KNOW ALL :MEN BY THESE PRESENTS, City of Aventura, a municipal corporation,
hereinafter called GRANTOR which term shall include the singular or plural as the
context shall require, for and in consideration of the sum of Ten Dollars ($10.00)
and other good and valuable consideration, paid and delivered by MIAMI-DADE COUNTY, a
political subdivision of the State of Florida, hereinafter called GRANTEE, the
receipt whereof is hereby acknowledged, has granted, bargained, sold, transferred and
delivered, and by these presents does grant, bargain, sell, transfer and deliver unto
the GRANTEE, its successors and assigns, the following:
All water and sewer facilities built and constructed to serve
Aventura Government Center, WB 2000-071 and SB 2000-570,
located in Section 03-52-42, Miami-Dade County, Florida, as
shown on Exhibit "A" attached hereto and made a part hereof and
as more particularly described on Exhibit "B" attached hereto
and made a part hereof.
TO HAVE AND TO HOLD the same unto the GRANTEE, its successors and assigns forever.
GRANTOR does covenant to and with the GRANTEE, its successors and assigns, that
GRANTOR is the lawful owner of the above described; that said property is free from
all encumbrances; that GRANTOR has good right to sell the same aforesaid; that the
GRANTOR will warrant and defend the sale of the said property unto the GRANTEE, its
successors and assigns! against the lawful claims and demands of all persons
whomsoever.
the GRANTOR has hereunto set its hand and seal this
, 20
IN WITNESS WHEREOF,
day of
WITNESSETH:
Signature
CITY OF AVENTURA,
CORPORATION
A
MUNICIPAL
Print name
Signature
Print name
By:
By:
SIGNATURE
(SEAL)
, City Manager
SIGNATURE
(SEAL)
, City Clerk
PRINT NAME
PRINT NAME
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this day of
20 by as City Manager and
, as city Clerk, of City of Aventura a municipal corporation on
behalf of the municipal corporation. He/She/They is/are personally known to me or
have/has/haven't/hasn't produced ____ as identification and did/did not take an oath.
NOTARY PUBLIC
SERIAL NUMBER
PRINT NAME
----- -
<t fOOi R/W
- - - CAUSEWA'<
WILLIAM L(l-IMAN
--
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CITY OF AVENTURA
MIAMI-DADE COUNTY / SEC.
-
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3-52-42
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BILL OF MATERIALS
_"D.I.P.
_"D.I,P.
_" D,I.P.
_" D,I.P.
FIRE HYDRANT ASSEMBLIES
RELOCATED FIRE HYDRANT
ASSEMBLIES
2" SERVICES
4" SERVICES
~" FIRElINES
_" FIRElINES
MAIN LINE VALVES
,
332.6' .I
1
EXHIBIT "A"
REVISION: * 01-10-01
'" r LEGEND "
CJ EX. WATER MAIN --- 0
CJ EX. GATE VALVE !Xl 0
0 NEW WATER MAIN 0
0 NEW G.v.D B.F.V. 0 ~ 0
[0' TAPPING SLEEVE & VALVE ~II 0
[0' FIRE HYD. ASS'Y. . I 0
SINGLE SERVICE I 0
0 DOUBLE SERVICE =:J----l 0
[0' 2" SERVICE D--I 0
[0' 4" SERVICE ..---1 JS21'
0 FIRElINE -I/1-VI--1 JS21'
CJ ~
.J ....
\..
r WATER DISTRIBUTION SYSTEM FOR: AVENTURA GOVERNMENT
DESIGNED BY: MICHAEL A. SHIFF REVISION'
DRAWN: EJ.G. .
AS-BUilT BY: STEVEN A. BERG SCALE: N.T.S.
INSPECTOR: R. GARAY CONTRACTOR: MORA ENG. CKED: 1:),11, Bill OF SALE
"" MIAMI DADE WATER AND SEWER DEPARTMENT
'"
CENTER
DATE: 01-09-01
F.B.
E.R.WB2000-071
~
r
CITY OF AVENTURA A
MIAMI-DADE COUNTY / SEC. 3-52-42
---
--
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EXHIBIT "A" I
'" 1
r BILL OF MATERIALS "" , LEGEND '"
" PVC. 0 EX. SEWER IS!" FORCE MAIN 0 - --0
" PVC. 0 EX. MANHOLE 0 0
" DIP. 0 NEW SEWER 0 FORCE MAIN 0 0
" DIP. 0 NEW MANHOLE . 0
" VCP. 0 SEWER LATERAL ---.. 0
" VCP. 0 PUMP STATION (2) 0
1 6" SEWER LATERALS [2( TAPPING SLEEVE & VALVE ~IID
8" SEWER LATERALS 0 PLUG VALVE ~D
PUMP STATION 0 GATE VALVE ~ 0
G.P.M. 0 CHECK VALVE V1 0
P. S. PEAK DESIGN FACTOR 0
'" MANHOLES 0..1 \. ~
, SEWAGE COLLECTION SYSTEM FOR: AVENTURA GOVERNMENT CENTER '"
DESIGNED BY: MICHAEL A. BERG DRAWN: EJG REVISION: DATE: 01 09 01
AS BUILT BY: STEVEN A. SHIFF CKED:~c0 SCALE: N.T.S. F.B.
INSPECTOR: R. GARAY CONTRACTOR: MORA ENG. Bill OF SALE LR. SB2000-570
"- MIAMI DADE WATER AND SEWER DEPARTMENT ~
Exhibit "B"
AVENTURA GOVERNMENT CENTER
WE 2000-071 & SB 2000-570
WATER
1. One (1) complete Miami-Dade County approved fire hydrant assembly,
fittings and appurtenances thereto.
2. One (1) complete Miami-Dade County approved fire hydrant assembly
(relocated), fittings and appurtenances thereto.
3. One (1) 4-inch single service, fittings, meter boxes and appurtenances
thereto, but not including meters.
4. One (1) fireline, fittings and appurtenances thereto.
SEWER
1. One (1) 6-inch sewer service lateral, fittings and appurtenances thereto.
MIAMI-DADE WATER AND SEWER DEPARTMENT
SUi.v _ .. ~~()"';SERVE
01/10101
City of Aventura
Government Center
2999 N.E, 191 St., Ste.#500
Aventura, FL 33180
Re: Conveyance Instruments for Water and Sewer Facilities installed for Aventura
Government Center, WB 2000-071 and SB 2000-570.
Gentlemen:
Enclosed please find the conveyance package for the referenced project. The package includes those
documents which must be executed and returned before final acceptence of the project by the Department.
For all projects:
o Bill of Sale (owner)
o Warranty Letter (contractor)
o Cost Breakdown (contractor)
For projects with easements:
o **Grant of Easement with tax folio number (owner)
o **Easement Legal Description and Sketch (surveyor)
o Opinion of Title (attorney)
o Recorded Plat (2 copies)
**Note: Easement recording fees are payable at the time the Grant of Easement and
Legals are submitted. Fee schedule enclosed.
Also, all documents executed by a corporation must have the corporation seal affixed.
If you have any questions, feel free to call me at (305) 669-7701.
Truly yours, _._._~
/' //./~- '.
, / f./. ~ /.' t if /'--- ...!
/f,o.--/l/.,/// l. /....- ~./
Ruben Martinez
New Business Representative
Utilities Development Division
MEC
mora engineering contractors, inc.
8C 81..77
cae 040142
FLCERT.
DB! f MBE
iJ1<.f,i ') H
-) ,.,. -.
LETTER OF TRANSMITTAL
~NC,
To: JAMES A. CUMMINGS, INC.
19200 W. Country Club Drive
Aventura, Florida 33180
Date: January 25, 2001
Att.: Mr, Travis Brown
Re. : Aventura Government Center
WE ARE SENDING YOU * Attached _ Under separate cover via ~ the following items:
Shop Drawings
Change Order
_ As-Built Drawings
Manufacturer Spec.
Cut-Sheet Drawings
MSDS information
x Other
COPIES
DATE
SUBMITTAL #
DESCRIPTION
1
01/25/01
- Warranty letter
Bill of Materials WB2000-071 (WTR)
Bill of Materials S82000-570 (SWR)
These are transmitted as checked below:
o For Approval
g--/ For your use
~s requested
o Sign and Return
o For review & Comment
REMARKS:
If there should be any information required, please contact us at your convenience.
Sincerely,
Contractors, Inc.
9600 W. Sample Rd., Suite 401
(Q~4) 7!=i?~Rnn~
Coral Spring., Florid. 33065
FAX (Q~4) ::t45.Q?AA
~ '"0 .. " 0.''''
p.l
JAMES A. CUMMINGS, INC.
Aventura Government Center. Police Facility and Cultural Center - 98-1-] 7
Jobsite Tel: (305) 933-0395
Jobsite Fax: (305) 933-6796
Main Office Tel: (954) 733-4211
Main Office Fax: (954) 485-9688
Fax
Date:
Wednesday, January 24,2001
To:
Carlos Mora
Company:
Mora Engineering Contractors
Fax Number:
(954) 345-9268
(954) 752-8065
Tet Number:
From:
Travis Brown
No, of Pages: 8
Message:
Pursuant to our conversations, you need to fill these forms out and return them to me by Friday
01/26/01.
Contact me if you have any questions or problems. Thank you,
If this transmission is incomplete, please call (305) 933-0395.
Facsimile Document # FC-2658
p.2
Ja~ 24 01 08:41a
CITY OF AVENTURA
GOVERNMENT CENTER
2999 N,E. t9tST STREET
SUITE 500
AVENTURA, FLORIDA 33 t 80
OFFICE OF THE CITY MANAGER
January 23, 2001
Mr, Travis Brown
Project Manager
James A. Cummings, Inc,
3575 NW 53rd Street
Ft. Lauderdale, FL 33309
RE: Aventura Government Center
Miami-Dade Water and Sewer Department Conveyance Documents
Dear Travis:
Please find attached Warranty Letter and Cost Breakdown documents needing execution by
your sub contractor for water and sewer improvements for the project, Mora Engineering
Contractors, Inc. These documents need to be assembled with additional conveyance items
and submitted to MDWASD by the City prior to their final acceptance of the project.
The attached Warranty Letter and Cost Breakdown must be executed and returned to me
by January 29, 2001 so that I may present the package to the City Manager prior to the
scheduled February 6, 2001 Commission meeting.
Contact me with any questions you may have on this matter,
Sincerely,
~fjo~
Antonio F. Tomei
Capital Projects Manager
Eric M. Soroka, City Manager
__.__,_ "3.....c::._...,e:.~_Q01(). FAX: 305-466-8919
Jan 24 01 08:41a
p,3
WARRANTY
This Warranty hereby made and entered into this 25th day
of January , 20~, by Mora Engineering Contractors, Inc., a
Florida corporation, whose mailing address is: 9600 W. Samp~e Rd" Ste. #401,
Coral Springs, FL 33065, who does hereby warrant to MIAMI-DADE COUNTY
("COUNTY") and the MIAMI-DADE WATER AND SEWER DEPARTMENT ("DEPARTMENT") the
property described below to be free from defects in materials and workmanship
for a period of ooe (1) year from the date hereof:
All water and sewer facilities built and constructed to
se rve Aventura Government Center, WB 2000-071 and SB
2000-570, located in Section 03-52-42, Miami-Dade
County, Florida, as Shown on Exhibit " A" attached
hereto and made a part hereof and as more particularly
described. on Exhibit "B" attached hereto and made a
part hereof.
The undersigned shall at no cost to the
replace or otherwise remedy such defects
satisfaction of the COUNTY and the DEPARTMENT_
COUNTY and DEPARTMENT,
to the full and
repair,
complete
IN WITNESS
duly authorized
written.
WHEREOF,
offic.ers
the undersigned has executed this warranty by its
or representatives on the day and year above
WITNESSE It:
11/
/
MORA ENGINEERIN~ CONTRACTORS, INC., A
:~,"DA,~'~
Carlos Mora , President
SI~
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)' Michel Noury
PRI E
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PRINT NAME
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PRINT NAME
Jan 24 01 08:41a
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CITY OF AVENTURA
MIAMI-DADE COUNTY / SEC.
3-52-42
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WAS~' f 25.1SWf WASD-(S"'T
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EXHIBIT '"A"
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BILL OF MATERIALS
_" D,I.P,
_" D,I.P.
_" D,I.P,
_" D,I.P.
1 _ FIRE HYDRANT ASSEMBLIES
1 RELOCATED FIRE HYDRANT
ASSEMGLlES
2" SERVICES
4" SERVICES
L" FIRELlNES
_" FIRELlNES
MAIN LINE VALVES
........ I'
REVISION: * 01-10-01
-......
1
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LEGEND
o EX. WATER MAIN
D EX, GATE VALVE
o NEW WATER MAIN
S NEW G.V. 0 B.F,V. 0
= TAPPING SLEEVE & VALVE
[52l" FIRE HYD, ASS'Y,
SINGLE SERVICE
D DOUBLE SERVICE
[52l" 2" SERVICE
[52l" 4" SERVICE
o FIRELlNE
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FOR: AVENTURA GOVERNMENT
'-
"WATER DISTRIBUTION SYSTEM
DESIGNED BY: MICHAEL A. SHIFF
AS-BUilT BY: STEVEN A. BERG
INSPECTOR: R. GARAY CONTRACTOR: MORA ENG.
\.... MIAMI DADE WATER AND
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DRAWN: .,
." . SCALE: N.T,S.
CKI;:D: 1-11\ BilL OF SALE
SEWER DEPARTMENT
CENTER
DATE: 01-09-01
F.B.
E.R.W82000 -071
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Jan 24 01 08:42a
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CITY OF AVENTURA A
MIAMI-DADE COUNTY / SEC, 3-52-42
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EXHI81T "A" I
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- " PVC. 0 EX. SEWER &"FORCE MAIN 0 ---g
" PVC. 0 EX, MANHOLE 0 l2l"
- " DIP. 0 NEW SEWER 0 FORCE MAIN 0 -0
" DIP, 0 NEW MANHOLE . 0
- " Vcp, 0 SEWER LATERAL ---.. l2l"
_"VCP. 0 PUMP STATION 0 0
1 6" SEWER LATERALS l2l" TAPPING SLEEVE & VALVE ......11 0
8" SEWER LATERALS 0 PLUG VALVE .... 0
PUMP STATION 0 GATE VALVE ...... 0
G,P.M. 0 CHECK VALVE l/1 0
p, S. PEAK DESIGN FACTOR 0
\.. MANHOLES 0 \,. .J
I' SEWAGE COLLECTION SYSTEM FOR: AVENTURA GOVERNMENT CENTER "
DESIGNED 8Y: MICHAEL A. BERG DRAWN: EJG REVISION: DATE: 01-09-01
AS-BUILT BY: STEVEN A, SHIFF CKED:~C(',( SCALE: N.T.S, F,8.
INSPECTOR: R. GARAY CONTRACTOR: MORA ENG, 81LL OF SALE CR. 582000-570
"- MIAMI DADE WATER AND SEWER DEPARTMENT ~
Jan 24 01 08:42a
p.G
Exhibit "B"
AVENTURA GOVERNMENT CENTER
WE 2000-071 & SiB 2000-570
WATER
1. One (1) complete Miami-Dade County approved fire hydrant assembly,
fittings and appurtenances thereto.
2, One (1) complete Miami-Dade County approved fire hydrant assembly
(relocated), fittings and appurtenances thereto.
3. One (1) 4-inch single service, fittings, meter boxes and appurtenances
thereto, but not including meters.
4. One (1) fireline, fittings and appurtenances thereto.
SEWER
1. One (1) 6-inch sewer service lateral, fittings and appurtenances thereto.
Jan 24 01 08:42a
p.7
MIAMI-DADE WATER AND SEWER DEPARTMENT
BILL OF MATERIALS I COST BREAKDOWN
Project Name
Developer:
Contractor:
Water ER:
. ._il~~~~{LCi.& "l: ...~ 0(/ C A.-n./ P'1 €"/I
Ci ty .9_f. Aventu:[<1-_._..___..
_.....t:l.ora EngineE!E.!_Il~. Contractors ,..In.c::_~___..
1d~2_{)OO" 07/
G e.,,/rE/L
Agmt ID#
QUANTITY
SIZE
COST (Labor, Materials, Equipment Excavation)
TYPE UNIT COST TOTAL COST
WATER
-.r.......--
I
,
,
Pipe Including Fittings
( min. $2.50 per ftIinch
list by size)
6" DIP $
4" DIP $
I
,.
6" G.V. $
4" G.V. $
i Butterfly
20.00 $
15.00
600.00
900.00
30'
1,",:::,:_;.;.;::0==:"""'-;:'--::--:-
I Valves:
I
I
IS~-~i~e;:- . -=c=o=~l
I ( min. $350.00 each)
I .
I Domestic:
I
!
i
1 .. . .._._...._..___...____
I ..-.....-_..--~
, Firelines: i
i (ey Size) I
I Including I
C V ~.....___'
I
I
t
.,===1
:~..
,
,
I
60'
I
. "--1---
500.00 ~
375.00 $
,
I
I
I
500.00
-;
1
..- _.....- .__n. ul .--.." -.-""T....- -- _n .. .m_n._,.-_._...... .. ...-- ....1
~ ,
1 , 4" Single: $4,000.00 4,000.00 I
I T ~
Dual: i
i Irrigation: I ---1
,
I
I I
---- .."-." ,
- -- -,
30
In 6"
I
DIP
$
20.00
I ~
r 3,000.00 ~
1___ J
-F~
--J
I Fire Hydrant
I Assembiies:
, ( Min._~ ~1 ,9.?_?OD each)
'[TUrbo Meter
-~-_..._,_.,~.,_._-_._-_.
'...~. .--..-.-.....---.- -.---...---[-.--.---
'Restoration: (Paving, eel. )
, _._.,._,_..,-_._.__._._-_.._-_.~-_......._.
2
; 51,
.-I-ll
,
[
-I
,
;
I
VD B84B $1,500.00
....:
-.-...,.....-------,--------
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,
1
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DATE:
1/25/01
1
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_ TOTALcosr WIS 'R~'CT
C~' President
~_p2,975.00J
AUTHORIZED SIGNATURE:
RZ f'o<m Rev, 1111599
J~n 24 01 08:43a
p,8
Project Name
Developer:
MIAMI-DADE WATER AND SEWER DEPARTMENT
BILL OF MATERIALS / COST BREAKDOWN
Sewer ER5 8 2()oq.. 5 '1 0
__. A if el'-l_7.:~ A::: -1 c:;;;.' 0 (/ "'....<-AI h cd, C ?~,j r ,:--=-/C
~tl:-Y of..Ayentl.!.!"-"-----__
AgmlID#
Contractor:
Mora Engineering Contractors, Inc.
---.-..-..,...-----.-.-'" -.--..--- ---------"'
SEWER
QUANTITY
SIZE
TYPE
COST (Labor, Materials, Equipment Excavation)
UNIT COST TOTAL COST
-..-----r ---..----1
GRAVITY SEWERS
( min. $3.00 per flIinch
list by size)
T-----
L-'
..__1
,Manholes: . -- '_'--.J r
i ( mi~.. $1_~OO.O~ each), -----L
, -..----~t6" I PVC I
~-~
,
)- I
r---- : ,
i -
!
i I
I -~
i I
m..)".
Service Laterals:
(min. $350.00
each. List by Size)
$500.00
I
'-l--_u
$500.00
im
,
;
I
I~H
I
I
I
I
.,
,
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FORCE MAIN:
Pipe Including Fittings
, (Min. $2,50 per ftJinch)
(List By Size)
;
,
L-~ -~~--
IValves:
I
r
i
J
I
-------- .-----
------
l~
I
I
.::-:~_.
,
I
]~----_..
i Pumping Stations, L.S.:
, (Min, $100,000.00 each)
i
Capacity: I
Peak Design Factor:
IG;;.'-' ---.... ..--,-
~nerator "I
.' "."'-'--
is~wage Meter: '
--I
L--- _.__......._
1--- _.-.,,~-----
IRestoration: ( Paving, eCIJ
i
I I'
'I=J
,
,
I
I
-- !
I
I
.-1
I
1- --'----1
L-_ ~_~~~:.oou
'-r'--
.. m I
1------.-
DATE: 1--;;~_s./0~ ~]
TOTAL COST OF THIS PROJECT:
.~\
'cario~~;- Preside~t
RZFl;lrmRev.101501;1
AUTHORIZED SIGNATURE:
WEISS SEROTA HELFMAN
PASTORIZA & GUEDES, EA.
ATTORNEYS AT LAW
NINA L. BONISKE
JAMIE ALAN COLE
EOWARD G. GUEDES
STEPHEN ..J. HELFMAN
GILBERTO PASTORIZA
,JOSEPH H. SEROTA
RICHARO .JAY WEISS
DAVie M. WOLPIN
STEVEN W. ZELKOWITZ
MIAMI-DADE OFFICE
2665 SOUTH BAY$HORE DRIVE
SU ITE 420
MIAMI, FLORIDA 33133
TELEPHONE (305) 854-0800
TELECOPIER (305) 854-2323
WWW.WSH-FLALAW.COM
THOMAS ,J. ANSBRO.
L.IL.L.IAN ARANGO DE LA HOZ.
AL.ISON S. BIELER
MITCHELL A. BIERMAN
MITCHELL...J. BURNSTEIN
ELAINE M. COHEN
DOUGL.AS R. GONZALES
BROWARD OFFICE
3107 STIRLING ROAD, SUITE 300
FORT LAUDERDALE, FLORIDA 33312
TEL.EPHONE (954) 763.4242 . TELECOPIER (954) 764.7770
.OF COUNSEL
March 28, 2001
Mr. Antonio Tomei
City of Aventura
2999 N.E. 191st St., Suite 500
Aventura, Florida 33180
RE: City of Aventura Easement to WASA
Dear Tony:
GERALD T. HEFFERNAN-
..JOHN R. HERIN, JR.
CHRISTOPHER F. KURTZ
PETER A. LICHTMAN
KAREN LIEBERMAN"
MATTHEW H. MANDEL
BERNARD s. MANDLER"
ALEXANDER L. PALENZUELA-MAURI
GARY I. RESNICK"
NANCY RUBIN"
GAIL D. SEROTA"
DANA S. SCHWARTZ
ARI C. SHAPIRO
JEFFREY P. SHEFFEL
NANCY E. STROUD"
SUSAN L. TREVARTHEN
CARMEN I. TUGENDER
DANIEL A. WEISS"
In connection with the above referenced matter, enclosed please find the original executed
Opinion of Title which was requested by W ASA.
Should you have any questions or comments regarding the foregoing, please call me.
':-;;;~
~---- ----- -='~
Dana S. Schwartz
DSS/jo
328.001
Enclosure
MIAMI-DADE COUNTY
MIAMI-DADE WATER AND SEWER DEPARTMENT
OPINION OF TITLE
To: MIAMI-DADE COUNTY, a political subdivision of the State of Florida
With the understanding that this Opinion of Title is furnished to MIAMI-DADE COUNTY,
FLORIDA, as inducement for execution of the water and sewer service agreement or assignment of
an agreement covering the real property hereinafter described or for acceptance of a warranty deed,
easement, covenant or unity of title, as applicable, it is hereby certified that I have examined a
complete Owner's Title Policy No. FA-35-566188 issued by First American Title Insurance
Company effectively dated December 28, 1998, as updated by certified computer printout,
covering the period from the beginning to the 15th day of February, 2001, at 2:30 P.M., inclusive,
of the following described property:
See Exhibit "A" attached hereto and by this reference made a part hereof.
Basing my opinion on said complete abstract or title policy covering said period, I am of the
opinion that on the last mentioned date, the fee simple title to the above-described real property was
vested in:
City of A ventura, a Florida municipal corporation
Subject to the following encumbrances, liens and other exceptions:
GENERAL EXCEPTIONS
I. All taxes for the year in which this opinion is rendered, unless noted below.
2. Rights of persons other than the above owners who are in possession.
3. Facts that would be disclosed upon accurate survey.
4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter
furnished, imposed by law and not shown by the public records.
5. Any adverse claim to any portion of said land which has been created by artificial
means or has accreted to any such portion so created and riparian rights, if any.
6. Zoning and other restrictions imposed by governmental authority.
SPECIAL EXCEPTIONS
6. Miami-Dade County property taxes for the year 1998 and subsequent years.
Opinion of Title
March 26,2001
Page 2
7. Restrictions, dedications, and easements contained in Plat of FIFTH ADDITION
BISCA YNE YACHT AND COUNTRY CLUB, recorded in Plat Book 99, Page
20, as replatted in the Plat of A VENTURA GOVERNMENT CENTER, recorded
in Plat Book 156, at Page 57.
8. Agreement with Dade County in regard to development of property, dated February
12, 1969, filed March 31, 1970, in Official Records Book 6808, Page 548.
9. Restrictions for Biscayne Village, Dade County, Florida, filed for record June 16,
1970, in Official Records Book 6889, Page 4, as amended by Resolution of the
County Commission of Metropolitan Dade County, Passed and adopted on February
27, 1973, filed March 27, 1973, in Official Records Book 8198, Page 259.
10. Agreement and Declaration of Covenants and Restrictions, filed October 21, 1981,
in Official Records Book 11246, at Page 944, amongst the condominium
associations and owners of residential, commercial and undeveloped property in the
Aventura area, together with the Amended and Restated By-Laws of Joint Council
of Aventura, Inc., recorded in Official Records Book 11246, at Page 961, both as
amended by that certification of The Joint Council of A ventura, Inc., filed
September 22, 1982, in Official Records Book 11564, Page 1052 and amended by
that Certificate of Amendment to The Joint Council of Aventura, Inc., dated April
28, 1991 and recorded May 6, 1991 in Official Records Book 15010, at Page 2387.
11, Non-Exclusive Mutual Grant of Easement and Sanitary Lift Station Agreement
between Eugene Colley, as Trustee and Donarl of Florida, dated December 19,
1984, filed December 24, 1984, in Official Records Book 12363, Page 1680.
12. Terms, provisions, restrictive covenants, and conditions contained in Covenant
Running with the Land filed December 24, 1984, in Official Records Book 12363,
Page 1675.
13. Declaration of Reservation of Non-Exclusive Easement filed February 28, 1986, in
Official Records Book 12805, Page 2184.
14. Terms, provisions, restrictive covenants, conditions, reservations and easements
contained in Declaration of Restrictive Covenants in Lieu of Unity of Title filed
January 16, 1987, in Official Records Book 13151, Page 632.
2
Opinion of Title
March 26, 2001
Page 3
15. Easement to Florida Power and Light Company, filed July 25, 1988, in Official
Records Book 13758, at Page 1887.
16. Grant of Easement to Metropolitan Dade County filed July 26, 1988, in Official
Records Book 13760, Page 1519.
17. Easement to Dade County for Bikeway and Sidewalk Purposes, filed December 18,
1995, in Official Records Book 17029, at Page 3957.
18. Terms, provisions, restrictive covenants, conditions, reservations and easements
contained in Declaration of Restrictive Covenants in Lieu of Unity of Title filed
March 13, 1996, in Official Records Book 17127, Page 2933.
19. Rights of the United States Government arising under the United States Government
control over navigable waters as to any part of the premises described in Schedule
A, which may be artificially filled in lands in what was formerly navigable water,
and any accretions thereto.
20. The following matters as shown on that survey prepared by Keith and Schnars,
P.A., dated June 30, 1997, under Job No. 15414C:
a. Asphalt Pavement Roadway adjacent to the Southerly and Easterly
boundaries of the land is not within a recorded easement;
b. Sanitary Manholes located within Asphalt Pavement Roadway described in
a., above, are not located within a recorded easement;
c. Any overlaps or hiatuses arising from the comers set by the surveyor along
the Northern and Western boundaries of the land, not being coincident with
previously set comers located adjacent to the corners set by the surveyor;
and
d. Southern Bell telephone manhole located in the Northwest quadrant of the
land not located within a recorded easement (Note: This manhole may lie
within the easement created by instrument recorded in Official Records
Book 12805, Page 2184).
21. Easement to Florida Power and Light Company, filed August 23, 2000, in Official
Records Book 19251, at Page 4732.
3
Opinion of Title
March 26,2001
Page 4
22. Notice of Commencement dated February 9, 1999, filed February 10, 1999, m
Official Records Book 18471, at Page 3396.
ALL IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA.
It does not appear that any of the exceptions listed above will restrict the use of the property
for the purposes set forth in the agreement, assignment, warranty deeds, easement, covenant and
unity of title, as applicable.
I, the undersigned further certify that I am an attorney-at-law duly admitted to practice in
the State of Florida and a member in good standing of the Florida Bar.
Respectfully submitted this 26th day of March, 2001.
-
~~~.=:~-~:::-:::>
Dana S. Schwartz, Esq.
Florida Bar No.: 120227
Firm Name: Weiss Serota Helfman Pastoriza &
Guedes, P.A.
Address: 2665 South Bayshore Drive
Suite 420
Miami, Florida 33133
STATE OF FLORIDA
)
SS:
)
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this 2 th day of March, 2001, by
Dana S. Schwartz, Esq., who is personally known to e /"
c...--
lC, State of Florida
Print Name:
My
4
Opinion of Title
March 26,2001
Page 5
RXHTRIT "A"
LRGAL DF.SCRwrTON
A portion of Tract II, of FIFTH ADDITiON BlSCA YNE YACHT AND COUNTRY CLUB,
according to the Plat thereof as recorded in Plat Book 99, Page 20, of the Public Records of
Miami-Dade County, Florida, described as follows:
Commence at the Northwest corner of said Tract II, thence North 87032 '00" East along the
North line of said Tract II for 334,64 feet to a point of curve; thence Northeasterly along the arc
of said curve to the left having a radius of 5,829.58 feet and a central angle of 0042'04" for an
arc distance of 71.33 feet to a point on the arc of a curve concave to the Northeast, said point
bears South 9050'42" West from the center of said curve; thence Southeasterly along the arc of
said curve to the left having a radius of 1,290.92 feet and a central angle of 9008'59" for an arc
distance of 206,15 feet; thence North 83059'09" East for 158.32 feet to the Point of Beginning
of the herein described parcel of land; thence continue along the last described course for 78.25
feet to a point on the arc of a curve concave to the Northwest, said point bears South 7028'13"
East from the center of said curve; thence Northeasterly along the arc of said curve, and along
the North line of said Tract II, having a radius of 5,864,58 feet and a central angle of 4057'33"
for an arc distance of 507,60 feet; thence North 81046'45" East for 91.42 feet to the East line of
said Tract II; thence South 3000'33" East along the East line of said Tract II for 293,50 feet to
the Southeast corner of said Tract II; thence South 87035'46" West along the South line of said
Tract II for 550.00 feet; thence North 02027'24" West for 56.00 feet to a point; thence South
87032'36" West for 125.00 feet to a point; thence North 02027'24" West for 157,27 feet to the
Point of Beginning, LESS THE FOLLOWiNG DESCRIBED PARCEL:
A portion of Tract II, of FIFTH ADDITiON BISCA YNE YACHT AND COUNTRY CLUB,
according to the Plat thereof, as recorded in Plat Book 99, Page 20, of the Public Records of
Miami-Dade County, Florida; being more particularly described as follows:
Begin at the Southeast corner of said Tract II; thence run North 3000'33" West, along the East
line of said Tract II, for a distance of 293.46 feet (Deed) 293,50 feet (measured) to the Point of
Intersection with the Southerly Right-of-Way line of State Road No, 852, also known as the
"William Lehman Causeway" or N.E. 192nd Street; thence run South 81046'45" West, along
said Southerly Right-of-Way Line, for 56,33 feet; thence leaving said Right-of-Way line, run
South 3000'33" East for 11.00 feet; thence run North 86059'27" East for 12,10 feet; thence run
South 3000'33" East, along a line 44.00 feet West of and Parallel with the East line of said Tract
II, for 276.88 feet to the Point of Intersection with the South line of said Tract II; thence run
North 87035'46" East, along said South line of Tract II, for 44,00 feet to the Southeast corner of
said Tract II, being the Point of Beginning.
5
@
CARNAHAN. PROCTOR. CROSS, INC,
CERTIFICATE OF AUTHORIZATION NO. LB 2936
6101 WEST ATLANTIC BLVD., MARGATE, FL 33063
PHONE (954)972-3959 FAX (954)972-4178 E-MAIL: margale@camahan-proclor.com
DESCRIPTION AND SKETCH
(NOT A SURVEY)
22,5 x 25,00 FOOT UTILITY EASEMENT
AVENTURA GOVERNMENT CENTER
LEGAL DESCRIPTION
A PORTION OF TRACT II OF "FIFTH ADDITION BISCAYNE YACHT AND COUNTRY CLUB", ACCORDING TO
THE PLAT THEREOF AS RECORDED IN PLAT BOOK 99 AT PAGE 20 OF THE PUBLIC RECORDS OF DADE
COUNTY, FLORIDA,
COMMENCING AT THE SOUTHEAST CORNER OF TRACT II OF SAID PLAT; THENCE SOUTH 87'35'46"
WEST, ALONG THE SOUTH LINE OF SAID TRACT II, A DISTANCE OF 379.11 FEET; THENCE NORTH
02'27'24" WEST, A DISTANCE OF 53.62 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 87'32'36"
WEST, ALONG THE NORTH LINE OF A 25.00 FOOT UTILITY EASEMENT AS RECORDED IN O.R.B. 13760,
PG.1519 OF SAID PUBLIC RECORDS, A DISTANCE OF 25.00 FEET; THENCE NORTH 02'27'24" WEST, A
DISTANCE OF 22.50 FEET; THENCE NORTH 87'32'36" EAST, A DISTANCE OF 25.00 FEET; THENCE
SOUTH 02'27'24" EAST, A DISTANCE OF 22.50 FEET TO THE POINT OF BEGINNING.
SAID LANDS SITUATE IN THE CITY OF AVENTURA, DADE, FLORIDA
NOTES
1. THIS SKETCH IS NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR
AND MAPPER.
2. THIS SKETCH IS THE PROPERTY OF CARNAHAN.PROCTOR_CROSS, INC., AND SHALL NOT BE USED OR REPRODUCED IN
WHOLE OR IN PART WITHOUT WRITTEN AUTHORIZATION.
3. THE LANDS SHOWN HEREON ARE SUBJECT TO ALL EASEMENTS. RESERVATIONS. RIGHTS-Of-WAY, AND RESTRICTIONS OF
RECORD.
4. ALL EASEMENTS SHOWN HEREON ARE PER THE ReCORD PLAT UNLESS OTHERWISE NOTED.
5. THIS SKETCH WAS PREPARED WITHOUT BENEFIT OF A TITLE SEARCH. FOR INFORMATION CONCERNING RIGHTS-Of-WAY,
EASEMENTS. RESERVATIONS, AND OTHER SIMILAR MATTERS OF PUBLIC RECORD. AN APPROPRIATE TITLE VERIFICATION
NEED BE OBTAINED.
6. THIS IS NOT A SURVEY.
ABBREVIATIONS
BCR - BROWARD COUNTY RECORDS
D.CR - DADE COUNTY RECORDS
DE - DRAINAGE EASEMENT
F,PL - FLORI[)A POWER & LIGHT CO
NTS _ NOTTOSCALE
ORB : OFFICIAL RECORD BOOK
PB _ PLAT800K
P,O.B, - POINTOFBEGINNING
P.O,C. : POINT OF COMMENCEMENT
P.O,T : POINT OF TERMINATION
RJW _ RIGHT-oF.WAY
U,E. : UTILITY EASEMENT
SURVEYOR'S CERTIFICATION
I HEREBY CERTIFY THAT THE DESCRIPTION AND SKETCH SHOWN HEREON COMPLIES WfTH
MINIMUM TECHNfCAL STANDARDS FOR SURVEYS AS CONTAINED IN CHAPTER 61G17-6, FLORIDA
ADMINfSTRATIVE CODE RSUANT TO SECTION 472.027. FLORIDA STATUTES. AND THAT SAID
DESCRIPTION AND IS RU ORRECT TO THE BEST OF MY KNOWLEDGE AND BELfEF.
.'/ 1
DATE OF LAST FIE.LDWORK: NOT A SURVEY
.
!' ~OB NO.: 980213
.. DATE: 1-30-01
SHEET 1 OF 2 SHEETS
r:\!IBn'11\1~""I~\1"i"..1 rlo'Y'
N CP-USE'lJP-~"
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tS1!'.1t: R SIREn) OR1.....1ION
{N E. '921'10"'( Or lRANSP 87013-25'0
DEP,o.,R1ME1''\-OR SE.C1\ON
FLORIDA WAY \lAP?
RIGHi Of
TRACT II
"FIFTH ADDITION BISCAYNE YACHT
AND COUNTRY CLUB"
(P.S. 99, PG. 20, D.C.R')
22,50' x 25,00'
N87" 32'36"E hUTIUTY EASEMENT
25.00' ~
- j - S02" 27'24"E
I I 22.50'
N02" 27'24"W I ~
22.50' r---"'I I P,O.B, _______n _____
------- ----- ~ \ I ----;5~~~I~I;;~~;E~ENT 7
S87;l~6,6"W ~\ ~ _(~~::_1:~6:~~G_~5~9~:::_)_ _ ___-_-_-__________
--~====-=====~=========:= ~i:;j -----------~::~-~~:ii.si~;~~~, DCRl J
z: (O.R.B. 12363, PG. 1680, D.C.R.l
: S87" 35'46"W
379.11'
P.O.C,
S.E, CORNER
TRACT II
SOUTH LINE TRACT II
TRACT "Q"
"MARINA DEL REY REVISED ADD."
(P,S. 144, PC, 89, D,C.R,)
AODENDUU
JOB NO. 980213
AVENTURA GOV'Y efR.
F.B,IPG. DATE BY CK'O
owe; BY. JP SCALE_
CK'O B I JSH DATE I
r w, 30'
I-3D-OJ
22.S'X2s.Q' U.E.
SHEE T 2 OF 2 SHEE 1$
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@
CARNAHAN. PROCTOR. CROSS. INC.
CERTIFICATE OF AUTHORIZATION NO. LB 2936
6101 WEST ATLANTIC BLVD., MARGATE. FL 33063
PHONE (954)972-3959 FAX (954)972-4178 E-MAil: margate@camahan-proclor.com
DESCRIPTION AND SKETCH
(NOT A SURVEY)
2.50 x 15.00 FOOT UTILITY EASEMENT
AVENTURA GOVERNMENT CENTER
LEGAL DESCRIPTION
A PORTION OF TRACT II OF "FIFTH ADDITION BISCAYNE YACHT AND COUNTRY CLUB", ACCORDING TO
THE PLAT THEREOF AS RECORDED IN PLAT BOOK 99 AT PAGE 20 OF THE PUBLIC RECORDS OF DADE
COUNTY, FLORIDA,
COMMENCING AT THE SOUTHEAST CORNER OF TRACT II OF SAID PLAT; THENCE SOUTH 87"35'46"
WEST, ALONG THE SOUTH LINE OF SAID TRAcT II, A DISTANCE OF 170.11 FEET; THENCE NORTH
02"27'24" WEST, A DISTANCE OF 61.31 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 87"32'36"
WEST, ALONG THE NORTH LINE OF A 25.00 FOOT UTILITY EASEMENT AS RECORDED IN O,R.B. 13760,
PG,1519 OF SAID PUBLIC RECORDS, A DISTANCE .OF 15.00 FEET; THENCE NORTH 02'27'24" WEST, A
DISTANCE OF 2.50 FEET; THENCE NORTH 87"32'36" EAST, A DISTANCE OF 15.00 FEET; THENCE SOUTH
02"27'24" EAST, A DISTANCE OF 2.50 FEET TO THE POINT OF BEGINNING.
, ,
SAID LANDS SITUATE IN THE CITY OF AVENTURA, DADE, FLORID)>,.
NOTES
1. THIS SKETCH IS NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR
AND MAPPER.
2. THIS SKETCH IS THE PROPERTY OF CARNAHAN-PROCTOR-CROSS. INC., AND SHALL NOT BE USED OR REPRODUCED IN
WHOLE OR IN PART WITHOUT WRITTEN AUTHORIZATION.
3. THE LANDS SHOWN HEREON ARE SUBJECT TO ALL EASEMENTS. RESERVATIONS, RIGHTS-Of-WAY, AND RESTRICTIONS OF
RECORD.
4. ALL EASEMENTS SHOWN HEREON ARE PER THE RECORD PLAT UNLESS OTHERWISE NOTED.
5. THIS SKETCH WAS PREPARED WITHOUT BENEFIT OF A TITLE SEARCH. FOR INFORMATION CONCERNING RIGHTS-OF-WAY,
EASEMENTS, RESERVATIONS, AND OTHER SIMILAR MATTERS OF PUBUC RECORD. AN APPROPRIATE TITLE VERIFICATION
NEED BE OBTAINED.
6. THIS IS NOT A SURVEY.
ABBREVIATIONS
BCR ~ BROWARD COUNTY RECOROS
D.CR ~ DADE COUNTY RECORDS
DE ~ DRAINAGE EASEMENT
F.P.L ~ FLORIDA POWER & LIGHT CO
N,TS ~ NOT TO SCALE
ORB ~ OFFICtAL RECORD BOOK
P,B : PLAT BOOK
P,OB : POINT OF BEGINNING
POC - POINT OF COMMENCEMENT
P_OT _ POINT OF TERMINATION
RJW - RIGHT.QF.WAY
U,E _ UTILITY EASEMENT
SURVEYOR'S CERTIFICATION
I HEREBY CERTIFY THAT THE DESCRIPTION AND SKETCH SHOWN HEREON COMPUES WITH
MINIMUM TECHNICAL STANDA~S FOR SURVEYS AS CONTAINED IN CHAPTER 61G17-6, FLORIDA
ADMINISTRATIVE ODE, PU UANT TO SECTION 472.027, FLORIDA STATUTES, AND THAT SAID
DESCRIPTION A S TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF.
-oAf(OF LAST'FIELdwORK: ~oi A SURVEY-
R AND MAPPER
LICENSE NO. LS 5111'
AVENTURA GOV. eTR.
JOB NO;:98~i13
I;>ATE: ,1,.JO~0:1
SHEET 1 OF 2 SHEETS
.
CI<\JSEWI<'("
LE\-IMI<N
"WILLlI<M t>D 8521
l51 A1E Rgt>D 8501
lSI,b..iE. R lREE1) l,b.l\ON
tN E.. 192NO 5 Or iRANSPO:70\3-25\O
O(p,b.R1MEN;OR SE.elIGN
flORID'" WAY Mf.?
R1G'rH Of
TRACT II
"FIFTH ADDITION BISCAYNE YACHT
AND COUNTRY CLUB"
(P.B. 99, PC. 20, D.C,R.)
2,50' x 15,00'
UTILITY EASEMENT
,
N87.32'36"E 502. 27'24"E
15:)00' 2.5D' ,
~:O~~"
N02.27':f4"W ~ nn_ __nO
2.50 ;Y I _n_Cn________n --7
___n__ ----- ~ i-nn-------- 25' UTILITY EASEMENJ /
587. 32'36"W : (to R B 13760, PG. 1519, 0 C.R)
15,00' ~:
_______ n___ - ~i ~ ____-_-_-_-_-_::_-::_-::_-::_-_-_-_-::_-_-::::_-_-_-_-::_-_-_-----::----::-
.-------------- .: to 25' EASEMENT . f
8' lO.R.B 12805, PG. 2184, 0 C R} ~
z: 1O.R.B. 12363, PG. 1680, O.C.R.}
: 587. 35'46"W
170.11'
P.O.C.
5.E. CORNER
TRACT II
SOUTH LINE TRACT II
TRACT "Q"
"MARINA DEL REY REVISED ADD."
(P.B, 144, PC, 89, D.C,R,)
AODENDUU F.e.IPG. DA E BY tK' -. "
JOB NO. 980213 owe; BYI JP SC'ALEI. ,", 30' 2.S'XIS.a U.E.
AVENTURA GOV'T CTR. CK"O BYI JSH DATE. I 1-30-01 SHEET 2 OF 2. SHEE T5
FIt r, !, '",.."r..,...~ ,........... ,~........." ...__
,\ \.
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Commission
FROM: ag r
DATE: April 25, 2001
SUBJECT: Resolution Amending Commission Meeting Procedures
June 5, 2001 City Commission Meeting Agenda Item 7.B
Recommendation
It is recommended that the City Commission approve the attached Resolution which
amends City Commission meeting procedures relating to the location of the meeting,
placement of approval of minutes on the Consent Agenda, modifying the public
comments procedures and agenda closeout/submission date.
Backaround
The following is a summary of the changes:
1. Moves the location of City Commission meetings from the Hospital to the new
Government Center Commission Chambers.
2. In order to expedite the meeting, it provides for placement of approval of
minutes as a Consent Agenda item.
3. Clarifies procedure for public comments by eliminating the provision for sign-
in by the public prior to the meeting.
4. In order to meet the new schedule relating to placement of the agenda on the
website and provide for additional time for review of the agenda by the public,
the agenda closeout date has been moved from Wednesday to the Tuesday
prior to the date of the Commission meeting,
If you have any questions, please feel free to contact me.
EMS/tms
attachment
RESOLUTION NO. 2001-_
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AMENDING RESOLUTION NO. 96 .18 WHICH
ESTABLISHED COMPREHENSIVE COMMISSION MEETING AND
AGENDA PROCEDURES, AS AMENDED BY RESOLUTION NO, 2000-
36; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Resolution No. 96-18, as amended by Resolution No. 2000-
36, established comprehensive Commission meeting and agenda procedures;
and
WHEREAS, the City Commission is desirous of providing further
amendments to the comprehensive Commission meeting and agenda
procedures.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF AVENTURA, FLORIDA AS FOLLOWS:
Section 1, Resolution No. 96-18, as amended by Resolution No. 2000-36,
is hereby amended to provide that the term "Commission" shall be substituted for
"Council" and the term "Commissioner" shall be substituted for "Councilmember".
Section 2. Section 2. a. i. is hereby amended to read as follows:
i. Reaular Meetinas. The City COl,lFlsilCommission shall hold regular
meetings on the first and third Tuesday of each month at 7;GQ6:00 p.m. at the
Aventura FlosFJital Medisal /\rts Building, 2111 9 8isGayno 8el,llo'Jard, Suito 101,
Government Center, 19200 West Country Club Drive. Aventura, Florida or such
other location designated by the City CounoilCommission from time to time.
Section 3, Section 2 c, is hereby amended to read as follows:
Coding: Words in hiahliahted type are additions
Words in atril'B tAFI::I type are deletions
Resolution No. 2001-_
Page 2
ORDER OF BUSINESS
The order of business of the City Commission at the regular meetings
shall be as follows,-
1 . Call to Order/Roll Call
2. Pledge of Allegiance
3. Zoning Hearings
4. I\~~reval of Minutos
4. Special Presentations
5. Consent Agenda
6. Public Hearings - Ordinances - First Reading
7. Public Hearings - Ordinances - Second Reading
8. Resolutions
9. Reports
10. Public Comments
11 . Other Business
12. Adjournment
Section 4. Section 2 f, is hereby amended to read as follows
i. JI.f)proval of Minutos. Unless a reagin!,:! ef the minutos of a
City Commission R"leetin!,:! is re€!uesteg BY a member, such
minutes may 130 3FlFlfOVeg BY R"lotion without reading the
minutes. Rovisions or sorf-estion te the R"linutes may be
made at that time.
iii. Consent Aaenda. There shall be a consent agenda during
each regular City Commission meeting. The consent
agenda shall contain Resolutions, Ordinances for first
reading, approval of minutes, motions and other pertinent
matters which, in the opinion of the City Manager, may be
handled and implemented without necessity for discussion.
Unless a Commissioner specifically requests that an item be
removed from the consent agenda, such items shall be
approved and adopted by a single motion and roll call vote.
viii. Public Comments. Individuals wishing to speak on matters
not on the agenda but pertinent to the City may do so by
si!,:!nin!,:! in with tho City Clerk prior to tho mooting under the
Public Comments portion of the aaenda. The Mayor will
recognize those persons who signod in unger the agonga
itom "Public Comments" wish to speak.
2
Resolution No. 2001-_
Page 3
Section 5. Sections 2.g.i and 2.g.ii are hereby amended to read as
follows
COMMISSION AGENDA PREPARATION
i. Placement of Items on Aaenda. All appropriate background
material shall accompany the item in the form of a signed
memorandum, All information relating to items to be placed
on the agenda shall be submitted by the City Commissioner
to the City Manager by 12:00 noon the Vl.'ednesdayTuesdav
prior to a regular meeting. A complete package of all
agenda material shall be provided to the City Commission by
the City Manager no later than the Friday evening prior to
the date of the meeting. In the event pertinent information
relating to an agenda item is missing or unaccounted for
prior to the meeting, the City Commission may remove the
item from the agenda at the meeting.
ii. Aaenda Closina Dates. The agenda for all regular meetings
of the City Commission shall be closed by 5:00 p.m. on the
WednesdayTuesdav prior to the date of the meeting. No
additional items shall be added to the agenda after the
agenda closing date unless it is deemed to be an
emergency. An item requiring immediate Commission
action and not included in the agenda may be added to the
agenda by five (5) affirmative votes of the City Commission
determining consideration of such items is necessary as an
emergency.
Section 6, Conflict. All Resolutions or parts of Resolutions in conflict
herewith be and the same are hereby repealed to the extent of such conflict.
Section 7, Severabilitv If any clause, section, or other part or
application of this Resolution shall be held by any Court of competent jurisdiction
to be unconstitutional or invalid, such unconstitutional or invalid part or
application shall be considered as eliminated and so not affecting the validity of
the remaining portions or applications of this Resolution, with such ineffective
provisions or applications remaining in full force and effect.
Section 8. Effective Date That this Resolution shall become effective
immediately upon its adoption,
3
Resolution No. 2001-_
Page 4
The foregoing resolution was offered by Commissioner
, who moved its adoption. The motion was seconded by
Commissioner and upon being put to a vote, the vote was
as follows:
Commissioner Arthur Berger
Commissioner Jay R. Beskin
Commissioner Manny Grossman
Commissioner Harry Holzberg
Commissioner Patricia Rogers-Libert
Vice Mayor Ken Cohen
Mayor Jeffrey M. Perlow
PASSED AND ADOPTED this 1 sl day of May, 2001.
JEFFREY M. PERLOW, MAYOR
ATTEST:
TERESA M, SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
4
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Commission
FROM: Eric M. Soroka, City
DATE: April 24, 2001
SUBJECT: "-Judicial Procedures
First Reading May 1, 2001 City Commission Meeting Agenda Item 8-A
Second Reading June 5, 2001 City Commission Meeting Agenda Item _
At the direction of the City Commission following discussion at the April 23, 2001
Workshop Meeting, attached is an ordinance amending the Quasi-Judicial Procedures,
If you have any questions, please feel free to contact me.
EMS/tms
attachment
ORDINANCE NO, 2001
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA, AMENDING THE CITY CODE BY AMENDING
CHAPTER 34 "PLANNING AND ZONING", AMENDING
ARTICLE II "QUASI-JUDICIAL MATTERS" TO REPEAL
34-31 "EX PARTE COMMUNICATIONS WITH PUBLIC
OFFICIALS," SECTION 34.32 "HEARING
PROCEDURES," AND REPLACE THEM WITH NEW
SECTIONS 34-31 THROUGH 34-39 REGARDING
QUASI-JUDICIAL DEVELOPMENT ORDERS;
RENUMBERING EXISTING SECTION 34-33 "PUBLIC
STATEMENTS BY COMMISSIONERS" TO BECOME
SECTION 34-40; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN CODE; PROVIDING
FOR EFFECTIVE DATE,
WHEREAS, the City Commission finds that it is appropriate to amend the
City's zoning regulations so as to expand and amend the City's provisions for quasi-
judicial decision making on development orders; and
WHEREAS, in accordance with Section 34-1 of the City Code, the City
Commission has been designated as the local planning agency for the City pursuant
to Section 163.3174, Florida Statutes; and
WHEREAS, the City Commission has reviewed this ordinance and has
determined that the regulations provided herein are consistent with the applicable
provisions of the Comprehensive Plan of the City of Aventura, Florida.
IT IS HEREBY ORDAINED BY THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. That Section 34-31 "Ex Parte Communications with Public
Officials," and Section 34-32 "Hearing Procedures" of Article II "Quasi Judicial
Matters" of Chapter 34 "Planning and Zoning" of the City Code, as attached as
Exhibit "A" hereto, are hereby repealed.
Ordinance No. 2001-_
Page 2
Section 2, That Section 34-33 "Public Statements by Commissioners" is
hereby renumbered to become Section 34-40 of Article II "Quasi Judicial Matters" of
Chapter 34 "Planning and Zoning" of the City Code.
Section 3, That Section 34-31 through 34-39 of Article II "Quasi Judicial
Matters" of Chapter 34 "Planning and Zoning," of the City Code, are hereby created
as follows:
ARTICLE II. QUASI - JUDICIAL MATTERS
Section 34-31, Intent,
The intent of this ordinance is to establish procedures to ensure
procedural due process and maintain citizen access to the local
government decision-making process for the review of development
orders requiring quasi-judicial hearings. These procedures shall be
applied and interpreted in a manner recognizing both the legislative and
judicial aspects of the local government decision-making process in quasi-
judicial hearings.
Section 34-32, Applicability,
Except as may otherwise be provided by statute or ordinance, these
procedures shall apply to all applications for site-specific rezonings,
special exceptions, conditional use approvals, variances, plats, and any
other land use proceeding in which the Commission acts in a quasi-judicial
capacity.
Section 34-33.
Definitions,
(1) Application shall mean an application for anyone of the following permits:
(a) Variances.
(b) Conditional use approvals.
(c) Plat approvals,
(d) Site-specific rezonings.
(e) Special exceptions.
2
Ordinance No. 2001-_
Page 3
(f) Any other site specific development approval determined to
be quasi-judicial by the city attorney,
(2) Applicant shall mean the owner of record, the owner's agent, or any
person with a legal or equitable interest in the property for which an
application for a development order has been made and which is subject
to quasi judicial proceedings, and shall mean the Staff when the
Application is initiated by the City.
(3) Chair shall mean the Mayor or, in the Mayor's absence, the Vice
Mayor.
(4) Commission shall mean the City of Aventura City Commission.
(5) Commissioner shall mean a City Commissioner.
(6) Competent substantial evidence shall mean testimony or other
evidence based on personal observation, or fact or opinion evidence
offered by an expert on a matter that requires specialized knowledge, that
is relevant to the issue to be decided. Competent substantial evidence is
evidence a reasonable mind could accept as adequate to support a
conclusion.
(7) Comprehensive plan shall mean the City Comprehensive Plan which
has been adopted pursuant to Part II, Chapter 163, Florida Statutes.
(8) Development Order shall mean the written decision of the Commission
regarding an Application considered under quasi-judicial proceedings
pursuant to this Article II, and shall include a letter from the Director of the
Community Development Department memorializing a decision of denial
from the Commission.
(9) Ex-parte communication shall mean any written, oral, or graphic
communication with a Commissioner which may relate to or which could
influence the disposition of an Application, other than those made on the
record during a quasi-judicial hearing. This term also includes visiting the
site of the Application, receipt of expert opinions, and any independent
investigations by a Commissioner.
(10) Expert shall mean a person who is qualified in a subject matter by
knowledge, skill, experience, training, or education.
(11) Intervenorshall mean a person whose interests in the proceeding are
adversely affected in a manner greater than those of the general public.
3
Ordinance No. 2001-_
Page 4
(12) Material fact shall mean a fact that bears a logical relationship to one
(1) or more issues raised by the Application or the laws and regulations
pertaining to the matter requested by the Application.
(13) Participants shall mean members of the general public, other than the
Applicant, including experts and representatives of local governments and
governmental agencies, who offer testimony at a quasi-judicial hearing for
the purpose of being heard on an Application.
(14) Party shall mean the Applicant, the City Staff, and any person
recognized by the Commission as a qualified Intervenor.
(15) Quasi-judicial proceeding shall mean a hearing held by the
Commission to adjudicate the private rights of an Applicant on an
Application listed in Section 34-33(1) above, by means of a hearing which
comports with these regulations and due process requirements.
(16) Relevant evidence shall mean evidence which tends to prove or
disprove a fact that is material to the determination of the Application.
(17) Staffshall mean members of the City staff.
Section 34-34. Ex-parte Communications,
(1) This section is adopted to follow the disclosure processes of Section
286.0115(1), Florida Statutes (2000), and shall be construed so as to be
consistent therewith.
(2) Any Commissioner may choose to discuss the merits of any matter of
which action may be taken by the Commission with any person not
otherwise prohibited by statute, charter provision, Section 34-40 or other
ordinance, if the Commissioner complies with the procedures of this
Section 34-34.
(3) Compliance with the procedures of this Section 4 shall remove the
presumption of prejudice arising from ex-parte communication with any
Commissioner:
(a) Oral communications. The subject of the communication and
the identity of the person, group, or entity with whom the
communication took place shall be disclosed and made a part of
the record before final action on the Application. At the quasi-
judicial hearing the person or persons responsible for the ex-parte
communication, any Party to the hearing and any Participant shall
have the opportunity to contest the accuracy of the matters
disclosed.
4
Ordinance No. 2001-_
Page 5
(b) Written communications. Any written communication related
to an Application pending before the Commission shall be
forwarded to the appropriate staff for inclusion in the official file for
the Application, and shall be disclosed on the record before final
action on the matter. It shall be the responsibility of the Applicant to
review the official file periodically to determine whether written ex-
parte communications have been placed in the official file.
(c) Investigations and Site Visits. Commissioners may conduct
investigations and site visits and may receive expert opinions
regarding a quasi-judicial action pending before them. Such
activities shall not be presumed prejudicial to the action if the
existence and subject matter of the investigations, site visits, or
expert opinions is made a part of the record before final action on
the matter and an opportunity for the Parties and Participants to
respond is provided prior to or at the hearing.
(4). Commissioners must make disclosures of their ex-parte
communications before or during the public meeting at which a vote is
taken on the Application to afford persons a reasonable opportunity to
refute or respond to the communication.
Section 34-35.
General procedures.
(1) Each Party shall have the right to call and examine witnesses, to
introduce exhibits, to cross-examine opposing witnesses on any relevant
matter (subject to the rules contained herein), and to rebut evidence,
(2) Staff shall have the responsibility of presenting the case on behalf of
the City. The Staff Report on the Application shall be made available to
the Applicant and the Commission no later than twenty-four (24) hours
prior to the quasi-judicial hearing on the Application.
(3) Official file. All written communication received by Commissioners or
Staff concerning an Application, the Staff Report on the Application, any
petitions or other submissions from the public, and all other documents
pertaining to the Application upon receipt shall be filed in the official file for
the Application, which shall be maintained by Staff. The Comprehensive
Plan and the City Code of Ordinances shall be deemed to be part of the
official file. The official file shall be available for inspection during normal
business hours.
(4) The printed agenda for the meeting at which the quasi-judicial hearing
is scheduled to take place shall briefly explain the procedures and nature
of the quasi-judicial hearing.
5
Ordinance No. 2001-_
Page 6
Section 34-36, Hearing Procedures.
(1) The hearing shall, to the extent possible, be conducted as follows:
(a) The Chair or City Attorney shall read a statement at the
beginning of the quasi-judicial hearing portion of the agenda, which
shall outline the procedure to be followed. A copy of this Ordinance
shall be made available at the hearing.
(b) The Applicant, Staff, and all Participants requesting to speak
shall be collectively sworn by oath or affirmation.
(c) The Applicant may waive its right to an evidentiary hearing if
it agrees with the Staff recommendation and no one from the
audience wishes to speak for or against the Application. The
Commission may then vote on the item, based upon the Staff
Report and any other materials entered by Staff from the official file
into the record of the hearing.
(d) If there is an evidentiary hearing, the order of the
presentation shall be as follows, unless the Chair agrees to a
different order, taking proper consideration of fairness and due
process:
i. Staff shall present a brief synopsis of the application;
introduce any appropriate additional exhibits from the official
file which have not already been transmitted to the
Commission with the agenda materials, as Staff desires;
summarize issues; and make a recommendation on the
Application. Staff shall also introduce any witnesses that it
wishes to provide testimony at the hearing.
ii. The Applicant shall make its presentation, including
offering any exhibits from the official file, and introduce any
witnesses as it desires.
iii. Participants in support of the Application shall make their
presentations.
iv. Participants in opposition to the Application shall make
their presentations.
v. Staff may cross-examine any witnesses and respond to
any testimony presented. If any witness is unavailable at the
6
Ordinance No. 2001-_
Page 7
hearing to be cross-examined, his testimony shall be
disregarded.
vi. The Applicant may cross-examine any witnesses and
respond to any testimony presented. If any witness is
unavailable at the hearing to be cross-examined, his
testimony shall be disregarded.
vii. The Chair may choose to allow Participants to respond
to any testimony if the Chair deems the response to be
necessary to ensure fairness and due process.
viii. Commissioners, through the Chair, may ask any
questions of the Staff, Applicant and Participants,
ix. Final argument may be made by the Staff, related
solely to the evidence in the record.
x. Final argument may be made by the Applicant,
related solely to evidence in the record.
xi. A qualified intervenor may make a presentation, conduct
cross-examination and make final arguments in the order as
decided by the Chair.
(e) The Chair shall keep order, and without requiring an
objection, may direct a Party conducting the cross-examination to
stop a particular line of questioning that merely harasses,
intimidates or embarrasses the individual being cross-examined, is
unduly repetitious, not relevant or beyond the scope of the
testimony by the individual being cross-examined. If the Party
conducting the cross-examination continuously violates directions
from the Chair to end a line of questioning deemed irrelevant and
merely designed to harass, intimidate or embarrass the individual,
the Chair may terminate the cross- examination.
(f) After the presentations, and at the conclusion of any
continuances, the Commission shall deliberate on the Application.
Once the Commission begins its deliberations, no further
presentations or testimony shall be permitted except in the sole
discretion of the Commission. The Commission's decisions must
be based upon competent substantial evidence in the record,
(2) The Commission may, on its own motion or at the request of any
person, continue the hearing to a fixed date, time, and place. The
Applicant shall have the right to one (1) continuance; however, all
7
Ordinance No. 2001-_
Page 8
subsequent continuances shall be granted at the sole discretion of
Commission.
(3) The Applicant may withdraw an Application by requesting such
withdrawal in writing. If an Application is withdrawn, that Application or
any similar Application for the same site shall not be accepted for review
for a period of one (1) year.
Section 34-37. Rules of Evidence,
(1) The Commission shall not be bound by the strict rules of evidence, or
limited only to consideration of evidence which would be admissible in a
court of law,
(2) The Chair may exclude evidence or testimony which is not relevant,
material, or competent, or testimony which is unduly repetitious or
defamatory.
(3) The Chair will determine the relevancy of evidence.
(4) Matters relating to an Application's consistency with the City
Comprehensive Plan or Land Development Regulations will be presumed
to be relevant and material.
(5) Hearsay evidence may be used for the purpose of supplementing or
explaining other evidence, but it shall not be sufficient by itself to support a
finding unless it would be admissible over objection in a court.
(6) Documentary evidence may be presented in the form of a copy of the
original, if available. A copy shall be made available to the Commission
and to the Staff no later than two days prior to the hearing on the
Application. Upon request, the Applicant and Staff shall be given an
opportunity to compare the copy with the original. Oversized exhibits shall
be copied and reduced for convenient record storage.
(7) Only the Applicant, Staff and the Commission shall be entitled to
conduct cross-examination when testimony is given or documents are
made a part of the record.
(8) The City Attorney shall represent the Commission and advise the Chair
and Commission as to the procedures to be followed and the propriety,
relevancy and admissibility of evidence presented at the hearing.
8
Ordinance No. 2001-_
Page 9
(9) The Commission shall take judicial notice of all state and local laws,
ordinances and regulations and may take judicial notice of such other
matters as are generally recognized by the courts of the State of Florida.
(10) Supplementing the record after the quasi-judicial hearing is
prohibited, unless specifically authorized by an affirmative vote of the
Commission under the following conditions:
(a) The supplementation occurs after a quasi-judicial hearing is
continued but prior to final action being taken on the Application.
(b) If a question is raised by the Commission at the hearing
which cannot be answered at the hearing, the Party to whom the
question is directed may submit the requested information in writing
to the Commission after the quasi-judicial hearing, with copies to
the other parties, provided the hearing has been continued or
another hearing has been scheduled for a future date and no final
action has been taken by the Commission. The information
requested will be presented to the Commission at the time of the
continued hearing.
(c) All Parties and Participants shall have the same right with
respect to the additional information as they had for evidence
presented at the hearing.
Section 34-38.
Final Decision by the Commission,
The Commission shall reach a decision without unreasonable or
unnecessary delay, which shall be adopted by the Commission in writing
and dated as of the date issued and shall indicate the date filed in the City
Clerk's office. Notification of the Commission's Development Order shall
be provided by the Director of the Community Development Department to
the Applicant by certified mail, and made available to any person who
requests a copy from the City Clerk,
Section 34-39, The Record,
All evidence admitted into the record at the hearing, and the adopted
Development Order of the Commission, shall be maintained by the City
Clerk in a hearing file for a period of at least 45 days from issuance of the
Development Order.
Section 4, Severabilitv, That the provisions of this Ordinance are declared
to be severable and if any section, sentence, clause or phrase of this Ordinance
9
Ordinance No. 2001-_
Page 1 0
shall for any reason be held to 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 5, 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 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 work "Ordinance" shall be changed to "Section" or other appropriate word.
Section 6, 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 Berger
Commissioner Jay R. Beskin
Commissioner Manny Grossman
Commissioner Harry Holzberg
Commissioner Patricia Rogers-Libert
Vice Mayor Ken Cohen
Mayor Jeffrey M. Perlow
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 Jay R. Beskin
Commissioner Manny Grossman
Commissioner Harry Holzberg
Commissioner Patricia Rogers-Libert
Vice Mayor Ken Cohen
Mayor Jeffrey M. Perlow
10
Ordinance No. 2001-_
Page 11
PASSED on first reading this 151 day of May, 2001.
PASSED AND ADOPTED on second reading this 5th day of June, 2001,
JEFFREY M. PERLOW, MAYOR
ATTEST:
TERESA M, SOROKA, CMC
CITY CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
CITY ATTORNEY
11
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
DATE:
MEMORANDUM
I
City Commission <; i
/ I
,/" \
Eric M. sorokaclty M~nager\/
April 25, 2001 -- . ,
Ordinance Amending CanvlSing of Elections
TO:
FROM:
SUBJECT:
First Reading May 1, 2001 City Commission Meeting Agenda Item 8.B
Second Reading June 5, 2001 City Commission Meeting Agenda Item _
At the recommendation of the Elections sub-Committee and the consensus of the
Commission at the Workshop Meeting of April 23, 2001, attached is an ordinance
amending the Canvassing of Elections to provide for a 3-member panel.
If you have any questions, please feel free to contact me.
EMS/tms
attachment
ORDINANCE NO. 2001-_
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA, AMENDING CHAPTER 26 ENTITLED
"ELECTIONS", BY AMENDING ARTICLE I. "IN
GENERAL" . SECTION 26-1 "CANVASSING OF
ELECTION RETURNS; CERTIFICATES OF ELECTION"
TO PROVIDE FOR ADDITIONAL INDIVIDUALS TO
SERVE WITH THE CITY CLERK IN THE CANVASSING
OF ELECTION RETURNS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN
CODE; PROVIDING FOR EFFECTIVE DATE.
WHEREAS, Section 26-1 of the City Code provides for the canvassing of
election returns by the City Clerk; and
WHEREAS, the City Commission wishes to amend Section 26-1 to provide for
additional individuals to serve with the City Clerk in the canvassing of election returns.
NOW, THEREFORE, IT IS HEREBY ORDAINED BY THE CITY COMMISSION
OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS:'
Section 1. That Section 26-1 of Chapter 26 "Elections" of the City Code of the
City of Aventura is hereby amended to read as follows:
Section 26-1, Canvassing of election returns;
certificates of election.
All municipal elections shall be canvassed by a panel
composed of the City Clerk, with the assistanco of the
Miami-Dade County Supervisor of Elections or his/her
desianee. and a Countv Countv or Circuit Court iudae.
selected bv the Citv Clerk, with preference aiven to a iudae
residina in the Citv of Aventura. The City Clerk shall present
a certification of election results to the City Commission at
the first meeting of the City Commission following the
election, which shall be adopted by Resolution. Canvassing
of election returns shall be conducted under the applicable
provisions of the Florida Statutes.
1 StriolwFl lext is deleted; underlined text is added
Ordinance No. 2001-_
Page 2
Section 2, Severabilitv, 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. 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 Berger
Commissioner Jay R. Beskin
Commissioner Manny Grossman
Commissioner Harry Holzberg
Commissioner Patricia Rogers-Libert
Vice Mayor Ken Cohen
Mayor Jeffrey M. Perlow
2
Ordinance No. 2001-_
Page 3
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 Jay R. Beskin
Commissioner Manny Grossman
Commissioner Harry Holzberg
Commissioner Patricia Rogers-Libert
Vice Mayor Ken Cohen
Mayor Jeffrey M. Perlow
PASSED on first reading this 1 st day of May, 2001.
PASSED AND ADOPTED on second reading this 5th day of June, 2001.
JEFFREY M. PERLOW, MAYOR
ATTEST:
TERESA M, SOROKA, CMC
CITY CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
CITY ATTORNEY
3
City of Aventura City Commission Meeting Date
j'_I-CJI
Agenda Item No.
J
Date of Verbal Communication: '1 -J.. 'i-Cil
Identity of Person or Entity Making Communication:
[ r~f'~
Subject and Substance of Communication:
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Respectfully,
Filed this I day of
Commissioner or Board Member
receiving communication:
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City of Aventura City Commission Meeting Date
Agenda Item No. 3
s- J I I 0 I
Date of Verbal Communication:
Identity of Person or Entity Making Communication:
~~flrv l-iilIE.D
Subject and Substance of Communication:
ON'th,/,,/.. '>/11.,/GtE;vl-loillt ClltLS" Fil.u^ lVS'I9V Fi?,<,) ,,,f'on/'llJ{t; )1'; "r-
P-D'PLI ((Hit' ( J l17&lihd V -;-f). A{)j)L.'i &7\1). c'l.7C:-A.J/oAl ",r 7; Hi; FiJR
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Respectfully,
Commissioner or Board Member
receiving communication:
Name: Arthur Beroer
(fA ritv'j, ~
,,~~_jJ Signature '
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Filed this
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day of / I. G-.J/ "
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Teresa M. Sroka, CMC, ?ity Clerk
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