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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 -- r CITY OF AVENTURA MIAMI-DADE COUNTY / SEC. - --- -- - - -- - "I 3-52-42 -A I , I , I , ,I -- -- -- -----! Ll .0;. - .., 0:::, ~I ...J' ~I 1-' gl u, ~l , t ~* w..~, {25' I 5'l2:s WASO-ESM'T ( "-.., V~ EX.l,5'WASD ~'2'WASO-ESM'T '1 I'" I ... ESM T;-, I _ ___J l1\L~~WCMm-- -- ----------- __J L_ ------------ I F.H. I I ':E s" I I ~ r~ I ~ '...1.._ __ -- -~ 19.6' 96.5' .... r 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 --- -- - - -- -- 0 = I - -- ~ fOOi R/W CAUSE-W A '( , -- - -- E-\-\MA~ - - I - WILLIAM L - -- ... --- - '" .; -- - '" , --- - / I - n ---- //1 - /'/ ---- / '/ //1 I /, / t -HQ{ I "1 180.93' q". 'n-- I ~N I pi ~I Ir! I l<'i CD I IU "', > , I.. I Ita) I en' , 1>< dl ,w I W),: 6"~ I I I >-' EX.15'WASO ESt.4'TA-n ~I I, I ~i ", N I __J 3=, --- - - - - - - - - I , 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~ // )' Michel Noury PRI E ') "\ i\'(lQJ PRINT NAME I ilfucci PRINT NAME Jan 24 01 08:41a . CITY OF AVENTURA MIAMI-DADE COUNTY / SEC. 3-52-42 --- -- ---- - --- ----- ~ tOOl R/W - - ---- Ct>,\JS(W A '< It,\-\\J.t>.l'I - - ---- - ---- WILLIAM --- ----- --- -------: Ll ~* WAS~' f 25.1SWf WASD-(S"'T --C _ x-' ........... i ~) EX.1S'WASO * ~'2'W.&.SO-ES""T _ ___J [ls\~~ELOCAT(D-- -- --=S~~------a-j l)_ ------------ r.H. ----~----- -- --~~~-- ---------- r:...J I lt1 I.J..._ ______ _.....01 I- - 19.6' 96,S' 332.6' EXHIBIT '"A" - '" .., p,4 ~ A I , \ , I , .\ ~I ~I ....J' ~\ I- I g\ u, ~I I i I t "" " 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 1 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 o .) 'I.. 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 t><I [52l" o o o D [52l" CJ o o [52l" [52l" .) " ~ ~Il .. I I ::::::I---i D----1 .---; -vwH EJ G REVISION: 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 .) Jan 24 01 08:42a p,5 - r CITY OF AVENTURA A MIAMI-DADE COUNTY / SEC, 3-52-42 - --- -- ---- - ---- - - \ --- ___ _ ___ <t fOOi R/'N N Cf>.USt:.'NI>.'< , - --- I 'NILUf>."-^ Lt:.I-I"-^f>. -- ---- ... --- '" .; ----- ~ , ----- / \ /' ------ III "/ ----- 1'/ , 1// I - (~? I t "I 180.93' 1"1 1'1 , I"" -("oj 11% g! ~ I: I~ ~ IIIU I ~ \~ 111~ I a:J' 1'1 . jl 1111:i I .J), 6"" 1\ fi >-1 EX,1 S'WASO ESM'T 11 : ~\ I'I I =', 1'1 )0 I ~\ _J 3:, --- - - -- - - ------ \ , EXHI81T "A" I ... r BILL OF MATERIALS "'\ r LEGEND " - " 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 ....: -.-...,.....-------,-------- I un__'___ -.- ..1......-.. I " .1 , 1 i DATE: 1/25/01 1 I .I _ 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 ., , r---..--m..... ... 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-~" "'lJILUP-M LEi-IMP-OAD 852' tS1A1t. R Opr) 856) 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$ F'ILE. r I \proJec+s\COOI( \~htoet,.. (1"" @ 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: Td Ufr (:-' -(._ c( qrh / h~ ""L Respectfully, Filed this I day of Commissioner or Board Member receiving communication: JA 7 /L /J {jt<:.tC/ Nam f1 /kv 0/ "E~~ .'. ~"'-.'.-".-.-'.'.~.". '.' ...... ~;1"=""=" ':. , .:i, :: i .<' ~" .,. ~ojE.~ 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 {:'/1.'kU- F, il... 2. 4""w.. APj)RIlUiQL.. Respectfully, Commissioner or Board Member receiving communication: Name: Arthur Beroer (fA ritv'j, ~ ,,~~_jJ Signature ' ,. Filed this /"-'1, day of / I. G-.J/ " ),/ o ,~ / ,- J r; (1J/} I Teresa M. Sroka, CMC, ?ity Clerk , /' i Z 0(') / ," (. , i' . J