01-07-2003
City r.anrlltn...ln...
Jeffrey M. Perlow, Mayor
A 'Pte City of
~ventura
CJ\
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< ',... ",.."'~
Citv M.".~
Eric M. Soroka
Arthur Berger
Jay R. Beskin
Ken Cohen
Manny Grossman
Harry Holzberg
Patricia Rogers-Libert
City Ckrk
Teresa M. Soroka, CMC
CityAtmm(J'
Weiss Serota Helfman
Pastoriza & Guedes
AGENDA
JANUARY 7, 2003- 6 PM
Government Center
19200 West Country Club Drive
A ventura, 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.
A. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA GRANTING APPROVAL OF A
VARIANCE FROM SECTION 31-193(e)(I) OF THE CITY'S
LAND DEVELOPMENT REGULATIONS TO ALLOW
MODIFICATION TO A COMMERCIAL ADVERTISING SIGN
LOCATED ON THE EAST SIDE OF THE FLORIDA EAST
COAST RAILWAY TRACKS SOUTH OF IVES DAIRY ROAD,
CITY OF A VENTURA; PROVIDING FOR AN EFFECTIVE
DATE.
1..-y 7, 2003 r.............!.fooIina
B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA DENYING VARIANCE FROM
SECTION 31-75(b)(4) OF THE CITY'S LAND DEVELOPMENT
REGULATIONS WHICH PROHIBITS TEMPORARY SALES
OFFICES AND MODEL HOMES AT THE PROPERTY
WITHOUT AN APPROVED SITE PLAN FOR THE
PERMANENT USE WHICH IT IS INTENDED TO SERVE FOR
PROPERTY LOCATED ON NE 185 STREET, CITY OF
A VENTURA: PROVIDING FOR AN EFFECTIVE DATE.
4. AGENDA: Request for Deletions/Ernergency Additions
5. SPECIAL PRESENTATIONS: None.
6. 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 ITom the Consent Agenda and considered separately.
A. APPROVAL OF MINUTES:
November 12, 2002 Commission Meeting
November 21,2002 Workshop Meeting
B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA AWARDING AND LETTING A
BID/CONTRACT FOR BID NO. 02-11-12-2, MUNICIPAL
TRANSIT SERVICE, TO LIMOUSINES OF SOUTH FLORIDA,
INC., AT THE BID PRICE OF $328,814.00: AUTHORIZING THE
CITY MANAGER TO EXECUTE ASSOCIATED CONTRACTS:
AUTHORIZING THE CITY MANAGER TO TAKE THE
NECESSARY ACTION TO CARRY OUT THE AIMS OF THIS
RESOLUTION: AND PROVIDING FOR AN EFFECTIVE DATE.
(Awards bid for public transit services to Limousines of South Florida,
Inc.)
C. A RESOLUTION OF THE CITY COMMMISSION OF THE CITY
OF A VENTURA, FLORIDA AUTHORIZING THE CITY
MANAGER TO EXECUTE THE ATTACHED WORK
AUTHORIZATION # 01-0103-024 FOR PROFESSIONAL
CONSULTING SERVICES WITH CRAVEN THOMPSON AND
ASSOCIATES, INC. TO PREPARE CONSTRUCTION
DRAWINGS AND SPECIFICATIONS FOR THE
DEVELOPMENT OF THE NE 31 AVENUE PARK IN THE
AMOUNT OF $20,600.00: AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS NECESSARY TO CARRY
2
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OUT THE AIMS OF THIS RESOLUTION: AND PROVIDING AN
EFFECTIVE DATE.
(Authorizes City Manager to execute Work Authorization for design of
Park at NE 31 st Avenue)
D. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA, AUTHORIZING THE CITY
MANAGER TO EXECUTE THE ATTACHED INTERLOCAL
AGREEMENT BETWEEN THE CITY OF A VENTURA AND
MIAMI-DADE COUNTY FOR THE PROVISION OF PUBLIC
TRANSPORTATION SERVICES WITHIN THE CITY OF
A VENTURA: AUTHORIZING THE CITY MANAGER TO DO
ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF
THIS RESOLUTION: AND PROVIDING AN EFFECTIVE DATE.
(Authorizes City Manager to execute Interlocal Agreement with Miami-
Dade County for public transportation services)
E. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA, APPROVING THE APPOINTMENT
OF MEMBERS TO THE CITY OF A VENTURA COMMUNITY
SERVICES ADVISORY BOARD FOR A ONE-YEAR TERM:
AND PROVIDING AN EFFECTIVE DATE.
(Provides for reappointment of one-year term members)
F. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA AMENDING RESOLUTION NO.
2001-76, AS AMENDED BY RESOLUTION 2002-01 WHICH
APPROVED APPOINTMENT OF MEMBERS TO THE CITY OF
A VENTURA COMMUNITY SERVICES ADVISORY BOARD BY
AMENDING SECTION 2 IN ORDER TO FILL A VACANCY:
AND PROVIDING AN EFFECTIVE DATE.
(Provides for appointment of Randi Rapp to fill vacancy created by
death of member Ted Cohen)
G. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA, AMENDING ORDINANCE NO.
2001-13, WHICH ORDINANCE ADOPTED A BUDGET FOR THE
200112002 FISCAL YEAR BY REVISING THE 200112002 FISCAL
YEAR OPERATING AND CAPITAL BUDGET AS OUTLINED
IN EXHIBIT "A" ATTACHED HERETO: AUTHORIZING THE
CITY MANAGER TO DO ALL THINGS NECESSARY TO
CARRY OUT THE AIMS OF THIS ORDINANCE: PROVIDING
FORAN EFFECTIVE DATE.
(Provides for close out of2001l02 fiscal year budget)
3
1..-y 7, 2003 o-;.;..!.fooIina
H. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA, AMENDING ORDINANCE NO.
2002-24 WHICH ORDINANCE ADOPTED A BUDGET FOR THE
2002/2003 FISCAL YEAR BY REVISING THE 2002/2003 FISCAL
YEAR OPERATING AND CAPITAL BUDGET AS OUTLINED
IN EXHIBITS "A" AND "B" ATTACHED HERETO:
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS
ORDINANCE: PROVIDING FOR AN EFFECTIVE DATE.
(Amends 2002/03 budget to provide for County Transit System Surtax
and reappropriation of two capital projects)
I. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF AVENTURA, FLORIDA AWARDING AND LETTING A
BID/CONTRACT FOR BID NO. 02-12-23-10, COUNTRY CLUB
DRIVE ROADWAY RESURFACING AND STREET LIGHTING
IMPROVEMENTS, TO SOUTHEASTERN ENGINEERING
CONTRACTORS, INC. AT THE BID PRICE OF $1,765,153.16.
AUTHORIZING THE CITY MANAGER TO EXECUTE
ASSOCIATED CONTRACTS: AUTHORIZING THE CITY
MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION
TO CARRY OUT THE AIMS OF THIS RESOLUTION:
PROVIDING FOR THE APPROPRIATION AND ALLOCATION
OF FUNDS FOR SAID BID AWARD: AND PROVIDING FOR AN
EFFECTIVE DATE.
(Authorizes award of bid for Country Club Drive Roadway Resurfacing
and Street Lighting to Southeastern Engineering Contractors)
J. MOTION AUTHORIZING THE APPROPRIATION OF UP TO
$25,720 FOR JUVENILE DRUG PROGRAM, TASERS AND
ACCESSORIES, PROPERTY LOCKS AND VIDEO
ENHANCEMENT EQUIPMENT FROM THE POLICE
FORFEITURE FUND IN ACCORDANCE WITH THE CITY
MANAGER'S MEMORANDUM.
(Authorizes appropriation of Police Forfeiture Funds for juvenile drug
program, tasers, property locks and video enhancement equipment)
7. ORDINANCES: FIRST READING/PUBLIC INPUT: None.
8. PUBLIC HEARING: ORDINANCES - SECOND READING:
AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA,
AMENDING PARAGRAPH (b) OF SECTION 31-143 "RSI" DISTRICT,
PARAGRAPH (c) OF SECTION 31-143 "RS2" DISTRICT, PARAGRAPH
(d) OF SECTION 31-143 "RMF3" DISTRICT, PARAGRAPH (e) OF
SECTION 31-143 "RMF3A" DISTRICT, PARAGRAPH (I) OF SECTION
4
1..-y 7, 2003 C......,,;,,;..,!.fooIina
143 "RMF4" DISTRICT, PARAGRAPH (g) OF SECTION 143 "RMF3B"
DISTRICT, PARAGRAPH (b) OF SECTION 31-144 "Bl" DISTRICT,
PARAGRAPH (c) OF SECTION 31-144 "B2" DISTRICT, PARAGRAPH
(d) OF SECTION 31-144 "B3" DISTRICT, PARAGRAPH (e) OF
SECTION 31-144 "OP" DISTRICT, PARAGRAPH (1) OF SECTION 31-
144 "MO" DISTRICT, PARAGRAPH (b) OF SECTION 31-145 "TCI"
DISTRICT, PARAGRAPH (c) OF SECTION 31-145 "TC2" DISTRICT IN
ALL CASES TO DELETE COMMUNITY FACILITY (CF) USES AS
PERMITTED USES AND ADD COMMUNITY FACILITY (CF) USES AS
CONDITIONAL USES; PROVIDING FOR SEVERABILITY:
PROVIDING FOR INCLUSION IN THE CODE: PROVIDING FOR AN
EFFECTIVE DATE.
9. RESOLUTIONS: None.
10. OTHER BUSINESS: None.
12. PUBLIC COMMENTS
13. REPORTS
14. ADJOURNMENT
SCHEDULE OF FUTURE MEETINGS/EVENTS
COMMISSION WORKSHOP
JANUARY 23, 2003
10 A.M.
COMMISSION MEETING
FEBRUARY 4, 2003
6 P.M.
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 Advisory
Boards may be in attendance.
Anyone wishing to appeal any decision made by the Aventura City Commission with respect to any matter considered at such
meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the
proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based.
Agenda items may be viewed at the Office of the City Clerk, City of Aventura Government Center. 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.
5
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO:
FROM:
BY: Joanne Carr, AIC
Planning Director
DATE: December 17, 2002
SUBJECT: Request of Clear Channel Outdoor, Inc. for Variance from Section 31-
193(e)(1) of the City's land Development Regulations to allow alteration
to a commercial advertising sign located on the east side of the Florida
East Coast Railway tracks south of Ives Dairy Road, Aventura (01-VAR-
03)
January 7,2003 City Commission Meeting Agenda Item 3 A
(deferred from November 12, 2002 City Commission meeting)
RECOMMENDATION
It is recommended that the City Commission approve the request for variance to allow
the existing commercial advertising sign to be modified and elevated to an overall
height of 55 feet measured from the base of the support structure to the top of the sign
face, upon the conditions outlined in this report.
THE REQUEST
The applicant, Clear Channel Outdoor, Inc. is requesting a variance from Section 31-
193(e)(1) of the City's land Development Regulations to allow modification and
alteration of an existing commercial advertising sign, where the City Code provides that
no legally non-conforming commercial advertising sign may be moved, altered or
replaced. (See Exhibit #1 for letter of Intent)
BACKGROUND
OWNER OF PROPERTY
Florida East Coast Railway Company
APPLICANT
Clear Channel Outdoor, Inc.
ADDRESS OF PROPERTY
east side of FEC tracks, south of Ives Dairy
Road (See Exhibit #2 for Location Plan and
Exhibit #3 for Aerial Photograph)
LEGAL DESCRIPTION
Portion of land lying in Section 35, Township
51 South, Range 42 East, Miami-Dade County,
Florida
Zoning -
Subject Property:
Properties to the North:
Properties to the South:
Properties to the East:
Properties to the West:
U Utilities District
U Utilities District
U Utilities District
B2 Community Business District; and
RMF3 Multi-Family Medium Density
Residential District
Miami-Dade County lands
Existing land Use -
Subject property:
Properties to the North:
Properties to the South:
Properties to the East:
Properties to the West:
FEC Railway Tracks and Landscaped Buffer
FEC Railway Tracks and Landscaped Buffer
FEC Railway Tracks and Landscaped Buffer
Vacant Land and 3-story residential
condominium building
Commercial and residential uses under County
jurisdiction
Future land Use - According to the City of Aventura Comorehensive Plan, the
following properties are currently designated as follows:
Subject property: Business and Office
Property to the North: Business and Office
Property to the South: Business and Office
Property to the East: Business and Office and Medium-High Density
Residential
Property to the West: Low Medium Density Residential (Miami-Dade
County land use designation)
The Site - The site is located on the west side of the grade separation of Biscayne
Boulevard at Ives Dairy Road. The sign is located on the east side of the railway tracks
south of Ives Dairy Road.
The Project - The applicant entered into an agreement with the City Commission on
September 3, 2000. This agreement provided that the applicant may request variance
approval to raise the height of the existing billboard within 30 days of the date of the
agreement. Application for variance was received on October 2, 2002. The agreement
further provided that the billboard be modified and elevated to a height of up to sixty-
2
five (65') feet as measured from the bottom of the base of the support structure to the
top of the billboard face, as depicted in Exhibit "8" to the agreement and attached as
Exhibit #4 to this memorandum, so as to be visible to motorists on the Biscayne
Boulevard grade separation. The agreement further provided that in the event the
variance request is approved by the City Commission, the applicant will:
1. Demolish and completely remove within 30 days after issuance of permits, the
existing commercial advertising signs shown on Exhibits "C" and "0" to the
agreement and attached as Exhibits #5 and #6 to this memorandum.
2. Advise the Florida East Coast Railway, within 10 days of variance approval, that
it has no objection to any visual obstruction of the signs shown in Exhibit "E" to
the agreement and attached as Exhibit #7 to this memorandum.
3. Agree not to replace the billboards removed under Condition #1 above, nor
allow any further billboard installation in the City of Aventura.
After discussion by the City Commission and upon hearing public comments, this
matter was deferred from the November 12, 2002 City Commission meeting in order
that the applicant could explore further reduction of the sign height. Further discussion
was held at the City Commission workshop meeting on November 21, 2002. At that
time, the applicant advised that it was investigating a reduction of 10' in height of the
sign and that it would voluntarily covenant not to advertise any adult uses on the sign.
The revised plan, attached to this report, shows a reduction of 10' in height to a revised
overall height of 55 feet from the bottom of the base of the support structure to the top
of the sign. The plan shows that approximately 30' of the sign will be below ramp
elevation, with the remaining 25' above ramp elevation.
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 to date.
Community Development Department Analysis - The application received from
Clear Channel Outdoor complies with the agreement made between the applicant and
the City of Aventura on September 3, 2000. The plans submitted show that the existing
billboard is to be replaced with a new sign that measures 55 feet from the bottom of the
base of the support structure to the top of the sign face. A landscaped area measuring
160 square feet is to be installed at the base of the sign to comply with the City's
landscaping code.
Criteria
The guidelines for approval of variances as required by Section 31-76(e) of the City's
Land Development Regulation states:
3
"Standards of review. A variance shall be granted only where competent and
substantial evidence presented in the particular case shows that all of the following
are met:
(1) The particular physical surroundings, shape, topographical condition, or other
physical or environmental condition of the specific property involved would
result in a particular hardship upon the owner, as distinguished from a mere
convenience, if the regulations were carried out literally.
The hardship at this location is caused by construction of the elevated grade
separation on Biscayne Boulevard at Ives Dairy Road. The applicant advises, in
its Letter of Intent attached as Exhibit #1, that the existing sign is not visible from
the elevated ramp and is therefore no longer useful in its existing condition.
(2) The conditions upon which the request for a variance is based are unique to
the parcel and would not be generally applicable to other property within the
vicinity.
The conditions are unique to this site and are not applicable to other locations.
(3) The alleged difficulty or hardship is not economic and has been deliberately
created to establish a use or structure, which is not otherwise consistent with
the LOR.
The applicant's difficulty or hardship is not economic in nature and the difficulty
was not deliberately created by the applicant. The elevated grade separation on
Biscayne Boulevard has created the need for the variance.
(4) The granting of the variance will not be detrimental to the public welfare or
injurious to other property or improvements in the vicinity.
The variance will not be detrimental to the public welfare or injurious to other
property or improvements in the vicinity. The sign is located within the railway
right of way in accordance with an agreement with Florida East Coast Railway
Company.
(5) The proposed variance will not substantially increase the congestion in the
public streets, or increase the danger of fire, or endanger the public safety, or
substantially diminish or impair property values within the vicinity."
The variance will not substantially increase traffic congestion or increase the
danger of fire or endanger the public safety or substantially diminish or impair
property values.
It is recommended that the request be granted subject to the following conditions:
4
CONDITIONS OF APPROVAL
1) Plans shall substantially comply with that submitted as follows:
· Specific Purpose Survey, Clear Channel Outdoor Inc., Sheet 1 of 1, prepared
by Bloomster Professional Land Surveyors Inc., dated 4/12/02, revised
4/23/02,7/11/02,9/27/02, 10/30/02 and 12/10/02, signed and sealed.
2) Permits shall be obtained within twelve (12) months of the date of the Resolution
or the approvals granted shall be deemed null and void unless extended by a
motion of the City Commission.
3) The applicant agrees to fulfill all of its obligations defined in Section 1\ of the
agreement made between Clear Channel Outdoor Inc. and the City of Aventura
dated September 3, 2002. These obligations include, but are not limited to, the
following:
i. The applicant will demolish and completely remove, within 30 days of
issuance of permits, Billboards Nos. 1 and 6 depicted on Exhibits "B" and "C"
respectively to this Resolution, prior to modification of Billboard No. 2
depicted on Exhibit "0" to this Resolution.
ii. The applicant will advise Florida East Coast Railway Company, within 10
days of the date of this Resolution, that it has no objection to the obstruction,
if any, of visibility of certain billboards which are situated upon the ground or
upon buildings or structures located on or near the FEC right of way in the
vicinity of Biscayne Boulevard and NE 187 Street.
iii. No replacement of Billboards No.1 and No.6 will be installed.
iv. No further billboards will be installed at any location in the City of Aventura.
4) As proffered by the applicant at the November 21, 2002 City Commission
workshop meeting, the applicant voluntarily agreed to the imposition of a
condition, herein imposed, to be further supported by applicant's recordable
covenant to the City, that no advertisement for "adult use" as defined in Section
31-21 of the City's Land Development Regulations shall be placed on the subject
sign.
5) The applicant shall provide its recordable covenant to the City that it and its
successors will not object to the existing or any future landscaping in the center
median of Biscayne Boulevard in the vicinity of the subject sign and confirming
irrevocably that the applicant has no objection to any existing City landscaping in
the FEC right-of-way at any location in the City.
6) That the form and substance of the covenants described in Conditions
numbered 4) and 5) above shall be subject to the approval of the City Attorney.
The covenants are required prior to permit issuance.
5
~ CLEAR CHANNEL
OUTDOOR
RECEIV;::O
.. 4"'-'~~
COMMUNITY DEVELOPMENT
October I, 2002
City of Aventura
Community Development Department
1920 West Country Club Drive
Avenn~a,FL 33180
Re: Letter of Intent regarding Public Hewing Application for Variance-
Clear Channel Outdoor, Inc. ("Applicant")
Ladies/Gentlemen:
The Applicant, Clear Channel Outdoor, Inc., a Florida corporation, applies for a
variance ("Variance") from the provisions of the City or Aventura Code Section 31-
193(e)(1), as authorized by Section 31-76 of the City Code, for the purposes of enabling
Billboard No.2, as depicted on Exhibit "A" attached hereto and incorpon~ted herein
("Billbo61'd"), presently situated below the Biscayne Boulevard flyover, to be modified
and elevated to a height up to sixty-five (65') fcet (as measured from the bottom of the
base of the support stTllcture of the Billboard to the top of the Billboard face), as depicted
in the computer generated rendition, which is attached hereto and incorporated herein as
Exhibit "B". so as to be visible to motorists from the Biscayne Boulevard flyover
("Flyover").
The Billboard, as originally situated, was a legal non-conforming use and was
unobstructionally visible to motorists from US! and N.E. 203rd Street. However,
because ofthe construction of the Flyover, the Applicant's use and benefit of the
BiJlboard has been totally disrupted and rendered, in effect, useless inasmuch as the
Billboard has been blacked by the construction of the Flyover, which has diverted
attention away from the Billboard. The fact that a perfectly useful Billboard has been
rendered useless in anq of itself defines a "hardship."
The Applicant's inability to use the Billboard for informational purposes has
created a hardship on the Applicant which is unique to it in that no other similar property
in the arca has been rendered virtually useless by the construction of the Flyover. The
EXHIBIT #1
01-VAR-03
r _ I S92" 6250 ToI I
! 30) I
~ CLEAR CHANNEL
ourDOOR
City of A ventura
October 1, 2002
Page 2
-
Billboard when originally created was not deemed prejudicial to the public welfare or to
the traffic flow on the public thoroughfares or to the public safety or to the property
values in the area. The mere raising of the Billboard on substantially the same footprint
to render it suitable again as a billboard would hardly alter the original approvals and
permits for the Billboard.
The failure to grant the requested variance would work a hardship on the
Applicant by rendering its present use as a Billboard valueless resulting, in effect, in the
outright condemnation of the Billboard. This is not the intended effect of the City's Code
to create such a hardship, therefore, we request that the City Commission approve the
Variance.
Very truly yours,
Clear Channel Outdoor, Inc,
i 592" 6250 Td!
305 i ---
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EXHIBIT #3
01-VAR-03
~ CLEAR CHANNEL
OUTDOOR
Clear Channel Outdoor
South Florida Division
5800 NW 77th Court, Miami, Florida 33166
Telephone: (305) 714-3542 Fax: (305) 714-3480
Aventura Flyover South Face
Sign to be elevated
EXHIBIT #4
01-VAR-03
Page 1 of 2
~ CLEAR CHANNEL
OUTDOOR
Clear Channel Outdoor
South Florida Division
5800 NW 77th Court, Miami, Florida 33166
Telephone: (305) 714-3542 Fax: (305) 714-3480
Aventura Flyover North Face
Sign to be elevated
EXHIBIT #4
01-VAR-03
Page 2 of 2
~ CLEARCHANNEL
OUTDOOR
Clear Channel Outdoor
South Florida Division
5800 NW 77'h Court, Miami, Florida 33166
Telephone: (305) 714-3542 Fax: (305) 714-3480
# 1
#1 US HWY 1 EL 40F NE 203 St.
Sign to be removed
EXHIBIT #5
01-VAR-03
Clear Channel Outdoor
South Florida Division
5800 NW 77th Court, Miami, Florida 33166
Telephone: (305) 714-3542 Fax: (305) 714-3480
~ CLEARCHANNEL
OUTDOOR
#6
# 6 Siscayne SO WL 25F 8/0 NW 192 8t.
Sign to be removed
EXHIBIT #6
01-VAR-03
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EXHIBIT #7
01-VAR-03
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AI dCANT REPRESENT A TIVE AFFlI 'fIT
PUlSuantlo Section 31-7t(b)(2)(i) 01 the City of Aventura Land Development Code, this Applicant Representative Affidavit is
hereby made and submitted. The undelSigned authorized representative of the ildividual or entity applying lor the Development Penn~,
which is identifIed i1 the accompanying appflCation, and the owner of the property subject to the applk:ation Cd cftfferenl) hereby lists and
identifIeS all persoos representing the i1<fMdual or entity applying for the Development Pennij i1 connection with the applk:ation, as follows:
Name
Relationship ~.., Altomeys, M:I1ilects. I..andscape
Atdlitects. Engine<llS, LOOb)'isfs, Elc.}
John G. [",mer
Attorney
Robert Bloomster
Surveyor
Jeff Andres
V.P. Real Estate
Manny Mejldo
Real Estate Rep
(AIfach Mjijional Sheets << Necessary)
NOTICE: ANY STATEMENT OR REPRESENTATION MADE BY ANY PERSON USTED ON THE APPUCANT
REPRESENTATIVE AFADAVlT SHALL BE BINDING UPON THE INDMDUAL OR ENTITY APPLYING FOR THE
DEVaOPMENT PERMIT AND THE OWNER OF THE SUBJECT PROPERTY. APPUCANTS AND AFAANTS ARE
ADVISED TO TIMELY SUPPLEMENT THIS AFADA VIT PURSUANT TO SEC. 31-71(BX2)(IV) OF THE ClTY'S LAND
DEVaOPMENT REGULATIONS IN THE CITY CODE, IN THE EVENT THAT PRIOR TO CONSIDERATION OF THE
APPUCATlON BY THE CITY BOARD OR COMMISSION, THE INFORMATION PROVIDED IN THE AFADAVIT
BECOMES INCORRECT OR INCOMPLETE.
WITNESS MY HAND THIS .s:2:L DAY OF J)J. 6if
,2~
NTATlVE OF APPLICANT:
OWNER
By:
(Signature)
n Jacobs
(Print)
T~: President. South Fla.Dlvlslon
(Signature)
Name:
(Print)
Trtle:
Mdress: 5800 S\1 77 Ct
M I am I. F 1 3 3 1 6 6
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE)
Belore me the undersigned authority personally appeared .j-" ","w "0 t-L.0'" ", as the a
Applicant and/or the owner of the property subject to the applk:ation, who being first by me duly
executed this Affidavit for the purposes stated therein and that ~ is true and correct. d
Mdress:
\tV P OfRQAL MOTAR't BEAL
o~t' (f4~ GREGORY J HIBSS
~~" cor'lTtltll_
; . ~ CC807453
"'P-} ~ trY to"- IElOMEXP18
OFf'O FEB. 72003
rized representative 01 the
swear or affinn that he/she
l.-"\... DC,-
SWORN TO AND SUBSCRIBED BEFORE ME this _ day 01
.'
Notary Publ 01 F~a N Large
Printed Name 01 Nota~ ('
My commission expires: .,
"
It
I
,.
I
~""..
, 9~
~ " ~ I .~~...
.~~~
BUSINESS RELATIONSHIP AFFIDAVIT"
This N",Oav~ Is made pursuant to Section 31-71 (b)(2)(ii) of lhe City of Aventura Land Development Co<!e. The undersigned Alflallt hereby
();,..,..,s'"' that (mark wi1h 'x' applicable portions only)
:4 ", MlSnt does not Mve a Business Relalion5hip wilh MY member of tl1e City Comm~310n or MY City Mvisory
iloard to v.tIlch the application will be presented.
[ 12. MiSnt hereby discloses that ~ does have a Business Relationship wl1h a member ollhe City Commission or a
City Advisory Board 10 which the application will be prasenled. as follows:
(List name of Commissioner or Advisory Board Member) who serves on the
(Ust City Commission or City Advisory Board upon whicl1 member
serves).
The nature of lhe Business Relationship Is as follows:
11 i. Member of City Commission or Board holds an ownership interest In exce>s of 1 % of total assets or
capital &lock 01 Applicant or Representa1ive:
1111. Member of City Commission or Board Is a partner, co-shareholder (as III shares of a corporation
which are not listed on any national or regional stock exchange) or joint venturer with lhe Applicant or
Representative In any business venture;
The Applicant or Representative is a Client 01 a member of the City Commission or Board or a Client
01 anolller professional working from lhe same office or for the same employer as the member olllle
City Commission or Board;
[] iv. A City Commissioner or Board member is a Client ollhe Applicant or Representative;
lJ v. The Applicant or Representative is a Customer of the member 01 tl1e City Commission or Board (or of
his or her employer) and lrMsacts more than $10,000.00 of the busines! of the member of tl1e City
Commission or Board (or his or her employer) in a given calendar year;
II vi. The member of the City Commission or Board is a Customer of the Appli::ant or Representative and
transac1s more lI1an $25,000.00 of the business of the Applicant or Representative in 8 given
calendar year.
WITNESS MY HAND THIS jf::!.!;. DAY OF (p~ ,200I.
Bv:.._..
k
.~ .
(Signature)
(Print)
(Print)
_~: M,( HAND THIS ..J..!!!!.DAY OF II /;t;t..v
,~
PROPERl'IOWNER:
By:
Name:
Trtle:,
(Signature)
(Print)
(Prinl)
"in9 terms "Business Relationship: "Client: "Customer: "Applicant," "Represenla~ve" and "/nlerasllld Person" ara defined in
Section 20395 of the Mentura CHy Cede.
'l::;,J........
WITNESS!.lY HAND 1HIS~ ,JDDAY OF October . 2lXlL
on Business Relationship AlfidaV(1)
By: (Signature) By: (Signatufll
,
Name: / (Print) Name: (Print)
Tille: Attorney (Print) Tille: [Print)
(Signature) By: (Signature
(Print) Name: .(Print)
Tille: (PrInt) T1tIe: (Print)
By: (Signature) By: (Signalufll
Name: (Print) Name: .(Print)
Tltle: (Print) Tille: (Print)
By: (Signature) By: (Signature
Name: (Print) Name: _(Print)
Trtle: (Print) Trtle: _(Print)
By:,_____ (Signature) By: , (Signature
(Print) Name: (Print)
Title: (Print) Tille: _(Print)
e'(~ (Signature) By: _ (Signatufll
" (Print)
,'\0 . Name: _(Print)
r1.l~ (Print) TIUe: -IPrint)
NOTE: 11 Use duplicate sheets If disclosure Inlormatlon lor Representatlve varies
2) Applicants and Afflants are advised 10 timely supplement this Affidavit pursuant \0 See. 31-71(b)(2)(\v) 01 the
City's Und Development Regulations In the City Code, In the eventlhat prtor to consljeratlon 01 the appllcatlon
by \he City Board or Commission. the Inmrmallon provided In the Affidavit become5lncorrect or Incomplete.
NOTARIZATION PROVISION
ST"~Ofp..Of',lOo'. I
Q:lUNl'(Of~
ll<llore mol. 1M trd<l!>illned 1U1l<<iy, poM<'ll'( owoared
heIsM ....."Iod INs Mdavl b' toe p<lIllO$'l' lU1ed ............s Mils"", and QXlOt\.
\
SWQ!>.N10moSU8SCl\t5EObeb'o.... y.cl_O,<tober
'~m"'~'"'''''' TO." ,,0'
[. .~ NOtoryPubr<:.;tol~
~~ ~< MyCO!TITi5lion E>l
~~~,,, CorTYrission f C
toe M,",,~ ..too boilO ~ y mol ~ ...... lfd 5'fIllaI Of ,~"" tool
-~ .'
. :.r:~:~:', 1
~nn.:.J)El
", :,',s.r<lQoOd 0IJ1t<l<ty, pononaly oweared
;,:" _';J j'" p<I"PO'lllO IIalocI Nt'Gnand Mils we andQl<1O(l.
.... M.ant. ""'" boilo "'01 by me dliy"""""cf<1 """"OCI~"" lhat
SwoRN 10 I.NO IMISCI\lBEll bolonl .... INs _ day 01
Af1'WlT
~
.
:1
'I
No\aly Publil;; Stale 0( F'OOdoI No Llrve
Ponied Narm of No\aly
l.\y(Xl!lll1'lssloo'lIlln.~
STATE OF R.Ol\IOA 1
couNTY Of 1.\IAM\-OA!lE)
ll<lfoco ...., toe urodetslQned lu1ho<ity. pof>Cll4!Y 'WOlled
he/sjlo.lCIlQJ1ed Ihls M'<la'l1\ 10( 1M pul1'OS'" sla,1e<llhefll1n and!hal I Is~' and c:on.ct.
Ih. M\1lTI~ .me beilQ fll>l by me duly """"'. !j'cj ...ear Ol .~"" tlai
10FFIANT
"
. ,'{J?NTO 1M) 6UllSClII5EObolQro l\1O t1ls _day 0(
200k
No\aly PI.IlOc Slota 0( f'o'olo No LarOe
Pmlad Namo 0( No\>ly
I.\y (<lCM\IssIoo ,spAs:..
\
.
It
"
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i::'~~".Ql\IO" I
wJI.'iY OF 1.\\JoMl{)A!lE)
llolo<e ...., .... und.""ned 1U1l<<iy, POnoonallt oweared
"",sha .moM<ll\is IJfda~ "".... pIII'POO4S1l&1ad ......In and !MIlls W\JO ondconod.
1M ,lJf..n~ vd10 be 'ng Iir.ll by .... duly """"'. ~;; .wear Ol .~'"' IN.
SWOO/l TO ~O 6UBSCl1I5EO botool me IhlS _ day 01
mwrr
.r05L
NOW( p\bIo Slata 0( FIr:x'da No LarOe
PMIad Namo 0( Nolaly
M"'O,lh.r\ls.slJn.~.s'
"
r-
,
1A
'\......!!'l
t:3USINESS RELATIONSHIP AFFlDA,.r*
This Mdavit is made pursuant to Section 31-71 (b)(Z)(ii) of the City of AveotUfa land Development ':;ode. The lJ1dersigned Moant hereby
discloses 1I1at (marl< ~ 'x" applicable portions only)
if
A/fl3llt does not have a Business Relationsh~ wi1h any member of the City Corrmission Q( any City MW,ory
Board kl v.l1d11he epprlClltion will be presented.
lIZ, MlillIl hereby cflSdoses 1I1at it does have a Business Relalionsh~ wi1h a membe' of ltie City Commission 0( a
City A/:Msory Board to \lII11ch the appl'lCIltion will be pcesented, as fol1ows:
(List name 01 Commissioner 0( Mvistxy Board Membe~ who selVes on the
(List City Commission or City Advisory Board upon which member
selVes).
The natUfe 0I1he Business Relationsh~ is as follows:
_{ ] i. Member 01 City Commission or Board holds an ownership interest in e:<= of 1 % 01 total asSllts or
C3jllIaI stock 01 ApprlC3/\l Q( Representative;
[I ii. Member of City Commission or Board Is a pat1ner. co-shareholder (as \0 shares 01 a COIJlOration
which are not listed on any national or regional stock exchange) 0( joint venturer with the Apptk:ant or
Representative in any business venture;
[ 1 iii. The Applicant or Representative is a Client 01 a member of tile City Co:nmission or Board or a crl8tlt
of another professional working from the same office 0( fOf the same employer as the member of the
City Commission or Board;
(1 iv. A City Commissioner or Board member is a Cfienl 01 the Applicant or R3plesentativa;
[J v. The Applicant or Representative is a Customer of the member of the City Commission or Board (or of
hls or lIer employer) and transacts more lhan $10,000.00 of the buslooss of the member of the City
Commission 0( Board (or his or her employer) in a given calendar year.
11 vi. The member of the City Commission or Board ls a Customer of the Al'pficant or Representative and
transacts more than $25,000.00 01 the business of the Applicant .)f RepresentatiVe in a given
calendar year.l
WITNESS MY H.A:<O THIS ~ DAY OF Oc...fejoc(
zoof,
'By:
Name:
Titte;
(Signature)
Print)
· (print), .
WfTNESS MY HAND THIS cR DAY OF Ct.Ui:t,
.~
PROPERlY O?~
By. ~~ ~
Name: /) , ' E. -(
T1Ite: f).~ o=<::-rlle. 11-.I'h Do.II ol< e.E.,
(Signature)
(Printl
(Print)
"The tenns "Business Relationship: "Client,. "'Customer," ",Applicant," "Representative' and "Inwresled PelSon" are deffne<1 in
Se<;tion 2-395 of the AV8I1lura City Code.
,
-.
'"--"
WIDlESSMl' HAND TIlIS.:!J- DAY Of ~ ~
R - ad an Busln= ~ M"ldIlvitj
By: (SIgoa(um) By; (SIgnature
PrW) Name: (Pri1I)
TlJe' ~ I) TIlle: JPrinlJ
~ By. '/// /~ (Signature) By: (S/gnilllre
Name' M. O. Baglev (Print) Name: ...1Prft1t)
,
Tdla: Tille: -lPmt)
By: 'By; (SignaWre
N;ne:Robert B 1 oomste {PIVfr. Name: fPri1l)
TI1fe: Land Surveyor (PrintJ 1l\1e' --!Pritll)
By: (Slgnatu~) By: _ (S/gMlw8
Name' (PriotJ Name' _(PrInt)
TIlle- (Print) llt1e: (Prillt)
By: (Signature) By: (S/gnalu~
Name' (Print) Name: (POOl)
l1tle' (PtinlJ Title: -1PrlnO
,
By. (Slgnarure) By: _ (SlgnalJJt9
Name' (Pmt) Name: -1Print)
Tille: (Print) 11de: -fPrint)
NOTE: 1) U5e duplicate sheets If d\seIoSlll'e lnlO\'mallon lot Representatlvl votles
2) ,lppllcants llId Alfi.ants Il'e advlsed 10 limel'{ c\llIlllement Ihls ~v1l pw"Suallt 10 See. 31.710>K2l(Iv) 01 the
CItY. Land DfNalopmenl RegulatlOllS In die CIty Cod...ln tho I\/Wnt 1lIat prlot ta cOflllldetallocl 011l1e IPlIDca!lon
by !he City Board at CollIml$slon, dll Inl<lfm.lion provided In the AlIId.vll b~. Incorrect lII' Incomplete.
"
RECEIVED TIME OCT. 22, HI: 45AM
NOTAA~noHPRO~~OH
by .... ~ n.o:n. 0"<1 .-..at or ,If... flat
".'
~~,.
,
STAlEOFFI.OfllO,l. I
.000000Of~ ......)E) MA~.......J n \ I n r 1
Ilrin "". ....lA1de<Slgned 1lJUll<Ir. penooaly ~ leobe<+ btb)..... ."t-ff
hoIshe ellllClM<ll1ls ~ lor... pupooes Ila1ad .......ilw tIallls NlW Cll<l'OCl
AfRAHT
SWORN TO AND SUIlSCllIBED OOIo<e ...thIs }. 4-daY 0( tJ c .t" ~.if 2OOJ,-
~"~ OAVlOP.KII.J.ANE
t.rA~)i MYCOMMISSION'OOOl
%Jt-...,. EXPIRES. Man:h 26. 2005
""'4.iii.,-r,..'rfI' Bonded Thru NoWy PtM: UndeIWrilikin
2G-05
STAlEOf R.otlIDA I
COIJl.IlY Of MIMlI-DADEl
Bolo<e me. the undefSioned autrority. pelSOMlIy _aced
heMe ._ t1is ,I,ff,;.<<< lot 1M putpOSOs slalod ",..In end INI k Is b1Je and ~
,\ q, SEA&.
,iOO JR
.....
. '5.
:. EXPIRES
.l003
oli --." d\:l....., Olelf"", I\at
tt)e AffLanl.. ....no ben~ flnOf. by me duty S'MXn, ad S\W3.r 0( afGtm !hat
1oFP.ANT
SWOON TO ANO SUBSCElIBED 0010<0 me ... _ day 0(
~
_"fN>i:Slalldl'1ol\lalJ.~
~ Ilamo 0( NoWy
l.\y~O'l'",,-
STATE Of R.Ol\lOA I
COUl{lY Of MIAAIHlADE)
!lebo ..... .... unclerslQned 1W\oc1ly. p,,,,,,,,alf ~
hGIsho o_1l1Is AffdaYil for... P<J<lIOS<S sta1ed .....iI erd I\at lis b1Je and Cll<l'OCl
... ,I,ff..... YoiIo be'''9 r..t by me duly .-n. 0"<1 ....... or alfm ,,"Ir
~
SWORN TO AHD SUBSCElIBEO be""" me d\Is _ day 0{
2001.-
NolaryP.bicSb1toolf'orlda"'~
PrIolod Name 01 NabI\'
Ny (;OO1l,lb.sb. oxpt~.:
-='
1a
'\--...~
BUSINESS RELATIONSHIP AFFIDAVI..*
This Affidav~ is made pursuant to Section 31-71 (b)(2WQ of the City of Aventura Land Development Code. The undersigned Affiant hereby
discloses that (mark with 'x' applicable portions only)
If
Affiant does not have a Business Relationship with any member of the City Commission or any City Advisory
Board to which the application will be presented.
[ ]2.
Affiant hereby discloses that ~ does have a Business Relationship with a member of the City Commission or a
City Advisory Board to which the application will be presented, as follows:
(List name of Commissioner or Advisory Board Member) who serves on the
(List City Commission or City Advisory Board upon which member
serves).
The nature of the Business Relationship is as follows:
[ ]i. Member of City Commission or Board holds an ownership interest in excess of 1 % of total assets or
capital stock of Applicant or Representative;
[ ] ii. Member of City Commission or Board is a partner, co-shareholder (as to shares of a corporation
which are not listed on any national or regional stock exchange) or joint venturer with the Applicant or
Representative in any business venture;
[ ] iii. The Applicant or Representative is a Client of a member of the City Commission or Board or a Client
of another professional working from the same office or for the same employer as the member of the
City Commission or Board;
[ ] iv. A City Commissioner or Board member is a Client of the Applicant or Representative;
[ ] v. The Applicant or Representative is a Customer of the member of the City Commission or Board (or of
his or her employer) and transacts more than $10,000.00 of the business of the member of the City
Commission or Board (or his or her employer) in a given calendar year;
[ ] vi. The member of the City Commission or Board is a Customer of the Applicant or Representative and
transacts more than $25,000.00 of the business of the Applicant or Representative in a given
calendar year. F'.../ I
WITNESSMYHANDTHIS~DAYO~ .&~r ,2OOL
(Signature)
(Print)
e. (Print)
WITNESS MY HAND THIS _ DAY OF ,~
PROPER1Y OWNER:
By:
Name:
Title:
(Signature)
(Print)
(Print)
'The terms "Business Relationship," "Client." "Customer." "Applicant." "Representalive" and "Interested Person" are defined in
Section 2.395 of the A ventura City Code.
'~
WITNESS MY HAND THIS ~ DAY OF ol-ck .2OOL
/'"ro.r.
)lEP ed on Business Relationship Affidavit)
I
~. (Signature) By: (Signature
Name: (Print) Name: (Print)
Title: (Print) Title: (Print)
By: (Signature) By: (Signature
Name: (Print) Name: (Print)
Tille: (Print) Title: (Print)
By: (Signature) By: (Signature
Name: (Print) Name: (Print)
Title: (Print) Trtle: (Print)
By: (Signature) By: (Signature
Name: (Print) Name: (Print)
Trtle: (Print) Trtle: (Print)
By: (Signature) By: (Signature
Name: (Print) Name: (Print)
Tille: (Print) Title: (Print)
By: (Signature) By: (Signature
Name: (Print) Name: (Print)
Title: (Print) Title: (Print)
.,
NOTE: 1) Use duplicate sheets If disclosure Information for Representative varies
2) Applicants and Affiants are advised \0 timely supplement this Affidavit pursuant to Sec. 3H1(b)(2)(lv) of the
City's Land Development Regulations In the City Code, In the event that prior \0 consideration of the application
by the City Board or Commission, the Information provided In the Affidavit becomes Incorrect or Incomplete.
STATE Of fU)RIOA I
COUNTY Of IoI1MIHlADEl
8010<0 me, !he oo:lel'Signed auUlofty, """,,,,"Iy appealOd . 'rV{ by me dIiy cv.om, cd ...... or Iff"" tlat
_.-:~===:~:,::Z~ ~'I {;
OFFlOAL NcrrAR'i SEAL / : (~ . ~bU'!1d."
JOSIE GENCO No'tatv PIblic Stale of F . AI ~
NoTARY P\JBUC STATE OF FLORiOA
COIolMISSION '(<<). CC9!ll548 Printed Name of Notary
MY COMMISSION EXP, NOV. 13,21))1 My c::onvnisslon e",ires: II -I?> 2(J1Ji(
NOTARIZATION PROVISION
J
,
STATE Of FlORlOA )
.COUNTY Of M\AMI-oADE)
8010<0 me. IIle oo:lel'Signed au1!>:lrity, per>onally appealOd
haIstoa elOlCU1od f1Is M'da>illor the purposes slated toe.." ond Ilallls IrIIe ond 00<T0Cl
toe Affiant, ..00 beilg Ii<>l by me duty cv.om, cd swear or Iff"" tlat
SWORN TO AND SUBSCRIBED belore me this _ day 01
AFFWIT
2001.-
Notary PlbrlC Stale 01 Florida AlLelV<
Printed Name of Notary
My COlM1ission expires:
ST"TE OF R.ORIDA )
COUN'lY OF MIAMI-oADE)
Before me, the unde~ned autt'OOty, pe""""lIy appeared
heIshe e_thls Affdavit lor toe purposes slated therein and that lis true and correct
the Affiant, who beilg r.m by me duly sworn, did swear or a!lirm lhal
AFFIANT
SWORN TO AND SUBSCRIBED belo<o me IhIs _ day 01
~
NoIar{ PIblic Stale of Florida AI LaJve
pooted Name of Notary
My c::onvnisslon eJqlRs:
'STATE Of R.ORID" )
COUNtY Of MIAMI-oADE)
Belo<o me. "" unde~ood eu1l'OOIy, per>onally appeared
helsI\e elOlCU1od IhIs Affidavit lor "" purposes slated the..1n ond thaI. Is true and correct
"" Affiant, who beilg Ii<>l by me duty cv.om, cd swear or afflll1\ that
AFFWIT
SWORN TO AND SUBSCRIBED belore me this _ day ot
.200/..-
Notary PIb\ic Stale 01 Florida AI LaJve
Printed Name 01 Notary
My c::onvnisslon alqlires:
RESOLUTION NO. 2003-_
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA GRANTING APPROVAL
OF A VARIANCE FROM SECTION 31-193(e)(1) OF THE
CITY'S LAND DEVELOPMENT REGULATIONS TO
ALLOW MODIFICATION TO A COMMERCIAL
ADVERTISING SIGN LOCATED ON THE EAST SIDE OF
THE FLORIDA EAST COAST RAILWAY TRACKS SOUTH
OF IVES DAIRY ROAD, CITY OF AVENTURA;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the property described herein is zoned U, Utilities District; and
WHEREAS, the applicant, Clear Channel Outdoor Inc., through Application No.
01-VAR-03, is requesting a variance from Section 31-193(e)(1) of the City's Land
Development Regulations to allow the existing commercial advertising sign to be
modified and elevated, where the City Code provides that no legally non-conforming
commercial advertising sign may be moved, altered or replaced; and
WHEREAS, following proper notice, the City Commission has held a public
hearing as provided by law; and
WHEREAS, the City Commission finds that the Application meets the criteria of
the applicable codes and ordinances, to the extent the Application is granted herein.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. Application for a variance from Section 31-193(e)(1) of the City's
Land Development Regulations to allow an existing commercial advertising sign to be
modified and elevated to an overall height of 55 feet measured from the bottom of the
base of the support structure to the top of the sign face, where the City Code provides
Resolution No. 2003-_
Page 2
that no legally non-conforming commercial advertising sign may be moved, altered or
replaced, on property legally described as follows:
A portion of Section 35, Township 51 South, Range 42 East, Miami-Dade
County, Florida, being a portion of the lands owned by the Florida East Coast
Railway Company lying west of Biscayne Boulevard and south of Ives Dairy
Road, City of Aventura and more particularly described in Exhibit "A" to this
Resolution
is hereby granted to the applicant, subject to the following conditions:
1) Plans shall substantially comply with that submitted as follows:
. Specific Purpose Survey, Clear Channel Outdoor Inc., Sheet 1 of 1, prepared
by Bloomster Professional Land Surveyors Inc., dated 4/12/02, revised
4/23/02,7/11/02,9/27/02,10/30/02 and 12/10/02, signed and sealed.
2) Permits shall be obtained within twelve (12) months of the date of the Resolution
or the approvals granted shall be deemed null and void unless extended by a
motion of the City Commission.
3) The applicant agrees to fulfill all of its obligations defined in Section II of the
agreement made between Clear Channel Outdoor Inc. and the City of Aventura
dated September 3, 2002. These obligations include, but are not limited to, the
following:
i. The applicant will demolish and completely remove, within 30 days of
issuance of permits, Billboards Nos. 1 and 6 depicted on Exhibits "B" and "C"
respectively to this Resolution, prior to modification of Billboard No. 2
depicted on Exhibit "0" to this Resolution.
ii. The applicant will advise Florida East Coast Railway Company, within 10
days of the date of this Resolution, that it has no objection to the obstruction,
if any, of visibility of certain billboards which are situated upon the ground or
upon buildings or structures located on or near the FEC right of way in the
vicinity of Biscayne Boulevard and NE 187 Street.
iii. No replacement of Billboards NO.1 and NO.6 will be installed.
iv. No further billboards will be installed at any location in the City of Aventura.
4) As proffered by the applicant at the November 21, 2002 City Commission
workshop meeting, the applicant voluntarily agreed to the imposition of a
Resolution No. 2003-_
Page 3
condition, herein imposed, to be further supported by applicant's recordable
covenant to the City, that no advertisement for "adult use" as defined in Section
31-21 of the City's Land Development Regulations shall be placed on the subject
sign.
5) The applicant shall provide its recordable covenant to the City that it and its
successors will not object to the existing or any future landscaping in the center
median of Biscayne Boulevard in the vicinity of the subject sign and confirming
irrevocably that the applicant has no objection to any existing City landscaping in
the FEC right-of-way at any location in the City.
6) That the form and substance of the covenants described in Conditions
numbered 4) and 5) above shall be subject to the approval of the City Attorney.
The covenants are required prior to permit issuance.
Section 2. The City Manager is authorized to cause the issuance of permits in
accordance with the approvals and conditions herein provided and to indicate such
approvals and conditions upon the records of the City.
Section 3. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner
, who
moved its adoption.
The motion was seconded by Commissioner
, and upon being put to a vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Patricia Rogers-Libert
Vice Mayor Harry Holzberg
Mayor Jeffrey M. Perlow
Resolution No. 2003-_
Page 4
PASSED AND ADOPTED this 7th day of January, 2003.
JEFFREY M. PERLOW, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
This Resolution was filed in the Office of the City Clerk this _ day January, 2003.
CITY CLERK
Resolution No. 2003-
Page 5
EXHIBIT A TO RESOLUTION NO. 2003-
LEGAL DESCRIPTION OF LAND
The Florida East Coast Railway right of way lying in a portion of Section 35, Township
51 South, Range 42 East, commencing at the southwest corner of the southwest Y. of
Section 35, thence N 87 degrees E, 598.23 feet, thence N 02 degrees W, 820.57 feet,
thence N 87 degrees E, 100 feet for the point of beginning,
Thence N 02 degrees W, 1640.18 feet southeasterly ad 311.84 feet, thence S 02
degrees E 200 feet southeasterly ad 313.20 feet. thence S 02 degrees E, 400 feet
southeasterly ad 154.21 feet, thence S 00 degrees E 109.51 feet southeasterly
Miami-Dade County, Florida
~~-A
TO:
The Aventura City Commission
FROM:
Herb Friedlander and signatories shown below
RE:
Agenda Item #3-A Zoning Variance For A Sign
Request For Withdrawal or Postponement of Agenda Item
DATE:
January 7,2002
The undersigned individuals are residents of Aventura who support the strict sign
provisions of the City of A ventura and therefore oppose the granting of this variance. We
ask the City Commission to postpone Agenda Item # 3-A for further study on one or
more of the following grounds:
1. The applicant may not possess the legal ownership rights to bargain with the City
as presently contemplated and there is recent evidence available to suggest that
there are legitimate questions about whether the applicant has the legal authority
to fulfill its promises.
2. The zoning application does not, in our opinion, meet the application criteria
concerning "whether the... the development action serves a public benefit. . ."
3. The zoning variance application is deficient as to form because the owner did not
sign in their corporate capacity as an officer of the corporation.
For these and other reasons that may be entered into the record orally at the hearing, we
respectfully request that this agenda item be withdrawn or postponed for further study in
light of the questions raised.
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R/W ADMINISTRATION
crORDS MANAGEMP'-
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IN THE CIRCUIT COURT OF THE
ELEVENTI-lJUDICIAL CIRCUIT
IN AND FOR DADE COUNTY, FLORIDA
GENERAL JURISDICTION DIVISION
CIVIL ACTION NO. 97-28166 CA 02
STATE OF FLORIDA DEPARTMENT
OF TRANSPORTATION,
PARCEL 122
Petitioner,
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vs.
TREFON MACKRIDES, et aI.,
Respondents.
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STIPULA TED FINAL JUDGMENT AS TO INTEREST
OF AK MEDIA
THIS MATTER having come before the Court on the joint motion of Petitioner, STATE
OF FLORIDA DEPARTMENT OF TRANSPORTATION, and Respondent, AK MEDIA
GROUP, INC., set forth herein-below, and the Court being otherwise advised, it is
ORDERED AND ADJUDGED:
; 1. That the Respondent, AK MEDIA GROUP, INC., does have and recover of
( and from the Petitioner, STATE OF FLO~D: ~~~.^~Tlv1ENT OF TRANSPORTATION, the
,N I sum of SEVEN HUNDRED FIFrY THOUSAND and NO/lOO DOLLARS ($750,000.0()), ~
~/\ \, MI Jla>,m~ for the taking of the rights of said Respondent in Parcel 122 and t~c billboard
located thereon, inclusive of all danlages; plus the sum of SIXTY ONE THOUSAND EIGHTY
- -
SIX and 54/100 DOLLARS ($61,086.54) for all of said Respondent's attorney's fees and costs
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in this matter.
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2. That within thirty (30) days of the entry of this Stipulated Final Judgment, the
Petitioner, STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, shall pay into the
Registry of the Court the sum of TWO HUNDRED ELEVEN THOUSAND EIGHTY SIX and
54/100 DOLLARS ($211,086.54), which is in addition to the SIX HUNDRED THOUSAND
and NOIlOO DOLLARS ($600,000.00), already deposited by the Petitioner on behalf of the
Respondent, AK MEDIA GROUP, INC., pursuant to the Order of Taking entered by this Court
On March 26, 1998.
3. Forthwith upon receipt of the funds and without need for further Order of Court, the
Clerk of thc Court shall issuc its rcgistry check, made payablc to MARK S. ULMER,
TRUSTEE, in the sum of TWO HUNDRED ELEVEN THOUSAND EIGHTY SIX and 54/100
DOLLARS ($211,086.54), and shall immediately forward said chcck or warrant to Mark S.
Ulmer, Esq., the Respondent's attorney, at 11900 Biscayne Boulevard, Suite 612, Miami,
Florida 3318 I;' for further disburscment by him in accordance with thc terms of this Stipulated
Final Judgmcnt.
4. It is furthcr ordercd that the sum of SIX HUNDRED THOUSAND and NOIlOO
DOLLARS ($600,000.00), rcfcrrcd to in paragraph 2 abovc, is hcreby rcleased from trust and
the trustee is hereby ordcrcd to disburse funds in accordancc with this stipulated final judgment.
DONE AND ORDERED this
Ir day Ofr
, 1998 in the Statc of Florida, County
of ",do -i])ru
1 , attorney
'lor the Department of Transporlntion
in Ulis muse certify that to the
hest of my knowledge this Court Order
is true 2nd accurate of that entered
by the Circuit Court.
RONALD M. FRIEDMAN
By:
CIRCUIT COURT JUDGE
)
JOINT MOTION
The parties, by and through their undcrsigned counsel, move for the entry of the
forcgoing Stipulated Final Judgmcnt this ({ (>- day of June, 1998.
STATE OF FLORIDA, DEPARTMENT
OF TRANSPORTATION
1000 N. W. Illth Avenuc
Miami, Flo ida 33172
(305) 0 712
By: /'.
PE ER D. WALDMAN, ESQ.
Florida Bar No. OIl495
MARK S. ULMER, ESQ.
Attorney for AK MEDIA
11900 Biscayne Blvd.. Suite 612
Miami, Florida 33181
(305) 891-9898
BY:~&
MARK S. ULMER, ESQ.
Florida Bar No. 373990
ATTACHMENT A
SETTLEMENT RECOMMENDATION
W.P.1. No.:
Sec/Job. :
State Road No.:
County:
Parcel No.:
6114017
87030-2534
5
Dade
122
The following is a recommendation of settlement as to the interests of AK Media Group, Inc.,
in this matter. For the reasons set forth below, I recommend that we settle AK's claim in this
case for $750,000.00, their attorney's fees for $49,500.00 and taxable costs for $11,586.54
A. INFORMATION CONTAINED IN ALL AVAILABLE APPRAISALS
Parcel 122 is the taking of 1,560 square feet of land from a commercial property located
approximately 120 feet north of N.E. 203rd Street in A ventura. This property contains 8,166
square feet of land. Additionally, the site is improved with an outdoor advertising sign which
contains four faces. It is the outdoor advertising sign which is the subject of this settlement
recommendation.
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The Department's acquisition will render the existing billboard sign in violation of A ventura's
recently enacted sign code ordinance, specifically the lO-foot setback requirement. As a result
the O.D.A. sign will have to be removed. Additionally, even if the sign were not removed it
will no longer be visible from Biscayne Boulevard, because the road is being elevated by
approximately 40 feet. This settlement is for the value of Ackerly's interest in their
improvement to the subject site's real estate.
"-
B. DISCUSSION OF RELEVANT APPRAISALS
The Department's Order of Taking appraisal was prepared by Ed Parker. In determining the
value of AK's interest Parker utilized an estimated annual gross revenue of $300,000.00 for the
4 sign faces and a gross income multiplier of 4 based on market eomps. Using this
methodology Parker arrived at a tolal value for the billboard improvement of $1,200,000.00.
Based on industry standards, he then determined that 50 % of this value was business related and
should be deducted from AK's compensation. As a result Parker determined that the value of
AK's interest in Parcel 122 was $600,000. \,,_,
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AK had an appraisal of their interest done by Don ~e. Sutte utilized an actual income stream
of $260,000 and a gross income multiplier of 5 fto-~;rive at a value for AK's interest in the
subject sign of $1,300,000. It is AK's position that the revenue stream totally stems from the
real estate improvement and that there should be no business related deduction from their
damages.
This settlement is based on utilizing AK's actual revenue stream of $260,000 for the subject sign
and Parker's market derived gross income multiplier of 4, which results in a total value for the
sign of 1,040,000. It was then proposed to deduct 28 % of this value as being business related,
rather than 50%. Due to the difficulty of determining the appropriate business deduction this
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increased risk of the sign cOInpared to a typical COlllInercial property.
This settlement is also based on the Mackrides' attorney agreeing to accept a fee of $50 000
rather than a statutory fee bascd on thc bencfit achicvcd. Thc statutory fcc in this casc w~uld
havc bcen $104,750 (33 % of thc first $250,000 of thc bcncfit and 25 % of thc rcmaining bcncfit
after $250,000 of $89,000; thc total bcnefit based on this scttlcmcnt was $339,000 which is the
differcncc bctween thc initial offer of $201 ,000 and this settlemcnt of $540,000). Additionally,
this settlement results in thc savings of additional costs associated with prolongcd litigation.
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C. ATTORNEY'S FEES AND COSTS
As discussed above the Mackridcs' attorney agreed to accept a fce of $50,000 based on this
scttlement. I also rccommcnd that we scttle AK's taxablc costs in this casc for $13,425. This
amount rcprcsents appraisal costs of $10,000; cngincering fccs of $675; planner costs of $2,500;
survcying fees of $50; and court rcporting costs of $200. Thesc are all reasonable amounts for
the services rcndcrcd in this matter. Furthcrmorc, it is likely that thc court would award the
samc at a hcaring to tax costs.
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STATE OF FLORlDA DEPARTMENT
OF TRANSPORTATION,
Cz'y ~?~~'Y~-/~".~~'~U;~ _Ji
IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT
IN AND FOR DADE COUNTY, FLORlDA ',_ '
Gt~ERALJURISDICTION DIVISION H ~u~ ~3i ~~f~ ~
R/W ADMINISTRATION
crORDS MANAGEMFw
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CASE NO. 97-28166 CA 02 71
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TREFON MACKRlDES &
DESPINA MACKRlDES, et aL>:' ' :.,
PARCEL NO. 122
Defendants.
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STIPULATED FINAL JUDGMENT
THIS CAUSE came before thc Court upon the Joint Motion set forth bclow. The COUli
being advised in the premises, it is thercfore ORDERED AND ADJUDGED
I. The Defendants, TREFON MACKRlDES & DESPINA MACKRlDES, shall have
and recover from the Petitioner thc sum of FIVE HUNDRED NINETY THOUSAND DOLLARS
AND NO CENTS ($590,000.00), in full paymcnt for the taking of Parcel No. 122 dcscribcd bclow,
including damages arising thercfrom, if any, inclusive of attorneys' fees and exclusive of costs.
SECTION 870300-2534
STATE ROAD 5
DADE COUNTY
DESCRlPTION
FEE SIMPLE RlGHT OF WAY
PARCEL 122
SECTION 87030-2534
Those portions of Lots 1 through 4 inclusive, Block 1, HALLANDALE PARK NO.8, according to
thc plat thereof as recorded in Plat Book 20, at Page 49, of thc Public Records of Dade County,
Florida, in the Southwest one.quarter (S.W.l/4) of Section 34, Township 51 South, Rangc 42 East,
and being morc particularly described as follows:
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CASE NO. 97-28166 CA 02
BEGIN at the Northeast corner of said Lot I; thence along the East line of said Lots I and 2, South
030] 6'02" East a distance of ]5.066 meters (49.43 feet); thence South 86043"58" West a distance
of 2.500 meters (8.20 feet); thence South 18034'48" West a distance of 4.870 metcrs (15.98 fect);
thencc South 03 0] 6'02" East a distance of 11.634 meters (38.17 feet); thence along the South line
of said Lot 4, South 8r38'53" West a distance of 5.746 metcrs (18.85 feet); thence along thc
Southcast linc of said Lot 4, South 22 022'04" Wcst a distance of 0.503 meters (1.65 feet); thcnce
along thc South line of said Lot 4, South 87040'56" West a distance of 1.6]5 meters (5.30 feet) to
a point on a circular curve concave to the Southeast and having a radius of873.232 meters (2,864.93
fcet) and a tangent bearing of North 13 055'52" East; thence run Northeasterly along the East Right-
of- Way line of State Road No.5 (Biscaync Boulevard) and thc are of said circular curve to the right
through a central angle of 02 0 I 0'57" for a distance of 33 .264 mcters (109.13 feet); thence along the
North line of said Lot 1, North 87040'56" East a distance of 1.452 metcrs (4.76 fect) to the POINT
Of BEGINNING."
Containing ]44.9 square meters (1,560 square feet), more or lcss.
2. That the amount ofTH]RTEEN THOUSAND fOUR HUNDRED TWENTY-FlVE
DOLLARS AND NO CENTS ($13,425.00) is hereby awardcd to the Defendants for reasonable costs
incurred as to the 'subject parcel as follows:
Appraiser, Jesse B. Vance
Planner, Leigh Kerr
Engincer, Alan Tinter
Surveyor, Michael Flynn
Kelly, Black, Black, Byrne & Beasley
for miscellaneous costs
$] 0,000.00
$ 2,500.00
$ 675.00
$ 50.00
$ 200.00
3. The Defendants will neither seek nor bc awarded any further monies from the
Petitioner in this cause.
4. The Petitioncr, having previously been ordered to deposit the sum of FIVE
HUNDRED FORTY THOUSAND DOLLARS AND NO CENTS ($540,000.00) into the Registry
of the Court, and said sum (minus $247.54 paid to Dade County Tax Collector) having been
deposited into an interest-bearing account, shall deposit within thirty (30) days of receipt of a
-2-
...L
CASE NO. 977c281GG CA 02
conformed copy of this Order the additional sum of SIXTY-THREE THOUSAND FOUR
HUNDRED TWENTY-FIVE DOLLARS AND NO CENTS ($63,425.00) into the Registry of this
Court as payment of this Stipulated Final Judgment.
5. Upon said deposit into the Court Registry, the Clerk of the C-ourt shall forthwith and
without further order of the Court, disburse the amount of SIXTY-THREE THOUSAND FOUR
HUNDRED TWENTY-FIVE DOLLARS AND NO CENTS ($63,425.00) to KELLY, BLACK,
BLACK, BYRNE & BEASLEY, P.A., coilhsCl for said Defcndants.
6. That Kelly, Black, Black, Byrne & Bcasley, P.A. shall disburse forthwith or upon
deposit to the Defendants Mackrides and their counsel the sums rcferenccd in Paragraphs 4 and 5
above in payment of the award for the taking of Parcel 122, attorneys's fees and costs.
7. The Court reserves jurisdiction to otherwise enforcc the terms and conditions of this
Final Judgment.
DONE AND ORDERED in Chambers in Dadc County, Miami, Florida, on this day
of .,;fUN 2 3 1998 ,1998.
RONALD M. FRiEDIv1A..1'i
CIRCUIT COURT JUDGE
Conformed copies furnished to:
Robert C. Byrne, Esq.
Pete Waldman, Esq.
Mark Ulmer, Esq.
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CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
FROM: Eric M. Soroka, IC
City Manager
BY: Joanne Carr, AICP e::Jt .
Planning Director
TO: City Commission
DATE: December 17, 2002
SUBJECT: Request of Merco Group at Aventura Landings I, II & III, Inc., for variance
from Section 31-75(b)(4) of the City's Land Development Regulations
which prohibits temporary sales offices and model homes at the property
without an approved site plan for the permanent use which it is intended
to serve. (02-VAR-03)
January 7,2003 City Commission Meeting Agenda Item 36
RECOMMENDATION
It is recommended that the City Commission deny the request for a variance in that it
does not meet the criteria for granting of variances found in Section 31-76(e) of the
City's Land Development Regulations and in that it is inconsistent with the City of
Aventura Comprehensive Plan.
THE REQUEST
The applicant, Merco Group at Aventura Landings I, II & III, Inc., has requested a
variance from Section 31-75(b)(4) of the City's Land Development Regulations which
prohibits temporary sales offices and model homes at sites without an approved site
plan for the permanent use which it is intended to serve. (See Exhibit #1 for Letter of
Intent)
BACKGROUND
OWNER OF PROPERTY
NAME OF APPLICANT
ADDRESS OF PROPERTY
SIZE OF PROPERTY
LEGAL DESCRIPTION
LAND USE DATA
Zoning -
Subject Property:
Properties to the North:
Properties to the South:
Properties to the East:
Properties to the West:
Existing Land Use -
Subject Property:
Properties to the North:
Properties to the South:
Properties to the East:
Properties to the West:
Future Land Use -
Subject Property:
Properties to the North:
Properties to the South:
Properties to the East:
Properties to the West:
B2
RMF3
RMF4
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B2
Merco Group at Aventura Landings I, Inc.
Merco Group at Aventura Landings II, Inc.
Merco Group at Aventura Landings III, Inc.
Ben Fernandez, attorney for the applicant
NE 185 Street and NE 28 Court (See Exhibit
#2 for Location Map and Exhibit #3 for Aerial
Photograph)
Approximately 8.36 acres for entire parcel
Approximately 1.66 acres for proposed trailer
site
A portion of the SW Y. of Fractional Section 3,
Township 52 South, Range 42 East, Miami-
Dade County, Florida (see Exhibit #4 for
complete legal description)
Community Business District
Multi-Family Medium Density Residential
District
Multi-Family High Density Residential District
Utilities District
Community Business District
Vacant
Multi-Family Residential
Multi-Family Residential
Utility Station
Vacant
Business and Office
Medium-High Density Residential
Medium-High Density Residential
Medium-High Density Residential
Business and Office
2
The Site. This site presently comprises two parcels separated by the NE 28 Court
extension south of NE 185 Street. The parcel fronting NE 28 Court is approximately
6.70 acres and the parcel fronting NE 185 Street, on which the trailer is proposed, is
approximately 1.66 acres.
The Project - The applicants have applied for site plan approval of a residential
development on this site. A staff review meeting was held on December 3, 2002. The
plan as submitted requires comprehensive plan amendment approval, rezoning
approval, abandonment of right-of-way approval and variance approval for those items
that do not meet the site development standards. The site plan is being revised and will
be resubmitted for further staff review. The applicants propose to dedicate and
construct the extension of Miami Gardens Drive through their site as part of the site
work. The details of dedication and timing of road construction are to be detailed in a
Development Agreement, which will require approval prior to site plan approval.
ANALYSIS
Consistency with Comprehensive Master Plan - The request is not consistent with
the City of Aventura Comprehensive Plan. An amendment from Business and Office to
Medium-High Density Residential land use designation is required.
Citizen Comments. The Community Development Department has received no
written citizen comments concerning this application.
Community Development Department Analysis - The applicants are requesting a
variance from Section 31-75(b)(4) of the City's Land Development Regulations (LDRs)
for approval to locate a temporary sales facility for a proposed residential development
of its land prior to the granting of an administrative site plan approval for the residential
development itself.
Criteria
The guidelines for approval of variances as required by Section 31-76(e) of the City's
Land Development Regulation states:
Standards of review. A variance shall be granted only where competent and substantial
evidence presented in the particular case shows that all of the following are met:
(a) The particular physical surroundings, shape, topographical condition, or other
physical or environmental condition of the specific property involved would
result in a particular hardship upon the owner, as distinguished from a mere
inconvenience, if the regulations were carried out literally.
3
The applicants describe their hardship, in the attached Letter of Intent, as the
considerable amount of expense incurred as a result of the environmental remediation
presently underway on this site.
(b) The conditions upon which the request for a variance is based are unique to
the parcel and would not be generally applicable to other property within the
vicinity.
The difficulty claimed by the applicants is unique to this parcel. The difficulty claimed
results from the applicant's lengthy environmental remediation of the site.
While each variance request is of a unique and independent nature, the following
information is provided for Commission's information. Two previous requests for sales
offices on sites without site plan approval have been made to the City Commission. In
October of 1999, sales trailers were approved for the Hamptons South condominium
and the Peninsula condominium prior to final site plan approval. Those approvals were
conditioned upon execution of an agreement by the developer that required a removal
bond of $50,000.00, prohibition of opening or issuance of a Certificate of Use and
Occupancy until final site plan approval for the permanent use, that the developer take
all action necessary to be ready for final site plan approval within 90 days of the date of
the resolution, that the trailer be landscaped according to an approved plan, that the
trailer be located within 300 feet of an operating fire hydrant and that the trailer be
removed if the developer had not taken all steps necessary, within 90 days, to obtain
approval of the final site plan. These two sites differ from the site subject of this report
in that neither required comprehensive plan amendment approval, rezoning approval,
abandonment of right-of-way approval or variance approval prior to administrative site
plan approval.
(c) The alleged difficulty or hardship is not economic and has been deliberately
created to establish a use or structure which is not otherwise consistent with
the LOR.
The applicants' difficulty is economic in nature, as stated in their Letter of Intent. While
the difficulty has not been deliberately created by the applicant, City staff has
recommended to the applicants that an off-site sales office in an existing retail or office
plaza has been used successfully by other developers in the City.
(d) The granting of the variance will not be detrimental to the public welfare or
injurious to other property or improvements in the vicinity.
The granting of the variance may be detrimental to the public welfare or injurious to
other property or improvements in the vicinity. Under normal circumstances, a
temporary sales trailer is usually considered tolerable because it is accessory to the
construction of the permanent use. However, by granting approval of the temporary use
without the permanent use in place and due to the number of public hearing approvals
4
required before the site plan can be administratively approved, the impacts may occur
for a longer period of time.
(e) The proposed variance will not substantially increase the congestion in the
public streets, or increase the danger of fire, or endanger the public safety, or
substantially diminish or impair property values within the vicinity.
The temporary use will not substantially increase traffic congestion or increase the
danger of fire or endanger the public safety or substantially diminish or impair property
values.
5
LAW OFFICES
r
AEO!\VED
BERcaw & RADELL
PROFESSIONAL ASSOCIATION
JEFFREY BERCOW
BEN J. FERNANDEZ
MICHAEL W. LARKIN
GRAHAM C. PENN
MICHAEL E. RADELL
FIRST UNION FINANCIAL CENTER. SUITE 850
200 SOUTH BISCAYNE BOULEVARD
MIAMI. FLORIDA 33131
NOV Z 5 2002
DIRECT: 305-377-6235
E-MAIl.:BFERNANDEZ(Q)SRZONINOLAW.COM
'COMM!t~!!X~~~V3~~?~~~NT
FAX (305) 377-6222
JANA K. McDONALD
OF COUNSEL
VIA HAND DELIVERY
-
November 21,2002
Ms. Joanne Carr, Director
Department of Planning & Zoning
City of A ventura
19200 West Country Club Drive
A ventura, FL 33180
RE: Temporary Sales Trailer for Aventura Landings
Dear Ms. Carr:
This law firm represents Merco Group at Aventura Landings, I, II, III, Inc.,
(" Applicant") with respect to the referenced application for a variance to permit
a temporary sales trailer on the subject property.
-, The subject property is located at the intersection of NE 185th Street and
NE 28th Court. The property is approximately 6.19 acres in size and has been the
subject of a considerable amount of environmental remediation. The Applicant
has submitted a site plan to the City of A ventura for a residential development
which will be reviewed at the December 3, 2002, Design Review Board meeting.
As the enclosed application indicates, the Applicant is now requesting a variance
to permit a temporary sales trailer on the property in order to allow pre-
construction sales to begin on the site.
The considerable amount of expense incurred as a result of the
environmental remediation has created a hardship, which justifies the approval
of the requested variance. The proposed trailer will be well landscaped and
.EXHIBIT #1
02-VAR-03
Ms. Joanne Carr, Director
November 21,2002
Page 2
designed to be compatible with the surrounding area pursuant to the enclosed
plans. For these reasons, we request the Department's favorable review and
recommendation.
Should you have any questions or comments, please do not hesitate to call
me at 305-377-6235.
7l~dt
BF /bl
BERcaw &. RADELL
PROFESSIONAL ASSOCIATION
BROWARD COUNTY
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WATERWAYS BLVIL-J
Waterways
Shoppes
207 ST.
Aventura Mall
192 ST.
191 ST.
Loehmann's
Fashion W
Island ~
Ol
CJ
190 ST.
188 ST.
Maule
Lake
LEGEND
--
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.q;
W
o
o
192 ST.
~
-J
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U5
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Atlantic
Ocean
e
Roadways
. . . . . . City Boundary
ZIP Code Boundary
----------- Railroad
I
I
~
EXHIBIT #3
02-VAR-03
Site shown in dotted outline
[ill,@0:11 @:i13@SwOlPiJ'O@R]g
The North 310.86 feet, of the following described property:
A portion of the Southwest 1/4 of Fractional Section 3, Township 52
South, Range 42 East. Miami-Dade County, Florida, being more
particularly described as follows:
Begin at the Southwest carner of the Northwest 1/4 of the Southeast
1/4 of the Southwest 1/4 of said Fractional Section 3; thence
N89degS9min26secW, along the South line of the Northeast 1/4 of the
Southwest 1/4 of the Southwest 1/4, of said Section 3, for 80.21
feet; thence NOOdeg01min45secE far 310.86 feet to a paint on a
curve (said point bears SDOdeg08min15secW from the radius point of
the next described circular curve); thence Southeasterly, along a
circular curve to the left (concave to the Northeast), having a
radius of 694.59 feet and a central angle of 00deg05min30sec for an
arc distance of 1.31 feet to a point of tangency; thence
S89deg58min15secE, along a line. parallel with and 20.00 feet South
of as measured at right angle to the North line of the South 1/2 of
the Northwest 1/4 of the Southeast 1/4 of the Southwest 1/4 of said
Section 3, For 4J1.94 feet; thence SOOdegOOmin45secW, along the
Westerly Right-of-Way line of N.E. 28th Court and its Southerly
prolongation as recorded in Official Records Book 6088, Page 160 of
the Public Records of Miami-Dade County. Florida, Far 760.62 feet;
thence N89deg59min25secW. along a line parallel with and 449.91
feet South of, os measured at right angles to the North line of the
Southwest X of the Southwest 1/4 of the Southwest 1/4 of said
Section 3, For 346.87 feet; thence NOOdeg46min52secW, along the
East line of the Southwest 1/4 of the Southwest 1/4 of said Section
3, for 449.95 feet to the POINT OF BEGINNING, lying and being in
Miami-Dade County, Florida.
AJ':llIl);
The South 449.91 feet. of the following described property:
A portion of the Southwest 1/4 of Fractional Section 3, Township 52
South, Range 42 East, Miami-Dade County, Florida, being more
particularl y described as Follows:
Begin at the Southwest corner of the Northwest 1/4 of the Southeast
1/4 of the Southwest 1/4 of said Fractional Section 3; thence
N89deg59min25secW, along the South line of the Northeast 1/4 of the
Southwest 1/4 of the Southwest 1"4, of said Section 3. for 80.21
feet; thence NOOdeg01min4SsecE for 310.86 feet to 0 point on 0
curve (said point bears !!DOdeg08min15secW from the radius point of
the next described ci"ular curve); thence Southeasterly, along 0
circular curve to the left (concave [0 the Northeast), having 0
radius of 694.69 feet and a central angle of 00deg06min30sec for on
ore distance of 1.31 Feet to a point of tangency; thence
S89deg58minl5secE, along 0 line parallel with and 20.00 feet South
of as measured ot right angles to, the North line of the South 1/2
of the Northwest 1/4 of the Southeast 1/4 of the Southwest 1/4 of
said Section 3, for 431.94 feet; thence SOOdegOOmin45secW, along
the Westerly Right-of-Way line of N.E. 28th Court and its Southerly
prolongation os recorded in (Official Records Book 6088. Page 160
of the Public Records of Miami-Dade County, Florida, for 760.62
feet; thence N89deg59min25secW, along a line parallel with and
449.91 feet South of. as measured at right angles to the North line
of the Southwest 1/4 of the Southwest 1/4 of the Southwest 1/4 of
said Section 3, for 346.87 feet; thence NOOdeg46min52secW, along
,the East line of the Southwest 1/4 of the Southwest 1/4, of said
Seelion 3, for 449.95 feet to the POINT OF BEGINNING. lying and
being in Miami-Dade Caun ty, Florida.
AJ':llIl);
A portion of the East 1/2 of ,the Southwest 1/4 of the Southeast 1/4
of the Southwest 1/4 of Fractional Section 3, Township 52 South,
Range 42 East, Miami-Dade County, Florida, being more particularly
described os follows:
Commence at lhe Northwest corner of the East 1/2 of the Southwest
1/4 of the Southeast 1/4 of the Southwest 1/4 of said Fractional
Section J; thence run S89degS9min25secE along the North boundary of
the East 1/2 of the Southwest 1/4 of the Southeast 1/4 of the
Southwest 1/4 of said Fractional Section J, a distance of 90.17
feet to the paint of intersection with East Right-of-Way boundary
of Northeast 28th Court as described in that certain Right-of-Way
EXHIBIT #4
02-VAR-03
~
..,"-
" ,
'\ ,,;
""'...~
APPLICANT REPRESENTATNE AFFIUAVIT
Pursuant to Section 31-71(bX2Xi} 01 the City 01 Awntura Land ll<MlIopment Code, this Applicant RepresentaIiIIe AIIidavit is
hereby made and sWmiIted. The Lrldersigned d1oriZ8d representative of the indvidJal or entity appI)<ing for the lllNeIopnent Perrrit
which is identified in the tM)(ll,lp8t1ying application, and the owner of the property &qect to the application [If ciflerent) hereby lists and
identifies all persons representing the indi'lAdJal or entity applying for the lJev90pmenl Pem1it in connection with thIl ~.. follows:
Name
~e.,",,- ~(?v'V'\a,^{9-.e 'L.
MOU\Jl1.-1 Su \u ..."'If~As;w<-;.J;eJ
b ~!-
-(7'" ,<:,^~---eLVS
({~)S tJ r/! Z-
Rela60nship (ie, AIforneys. AtchiIec/s. ~
Arohiteds. ~. Lobbyists. EIo.)
A ~0v~A
ft.t 0.-..', -\- ~ S
t::",,~,,^-e.L v s
~~
-'",'r',
(Attach A<XItional Sheets If NecessalY)
NOTICE: ANY STATEMENT OR REPRESENTATION MADE BY ANY PERSON USTED ON THE APPUCANT REPRESENTATIVE
AFFIDAVIT SHALL BE BINDING UPON THE INDMDUAL OR ENTITY APPLYING FOR THE DEVEL PERMIT AND THE
OWNER OF THE SUBJECT PROPERTY.
WITNESS MY HAND THIS fL DAY OFCPffim~
TI1Ie:
AO:i\lss: 510/
::0 '3 I 4lJ
Ave
By:
Name: e"1-
, (Pril)f)
nue:.&1InvY\P y
AO:i\lss:~' . -#8sD
'f.-,\,t{iUlt fv ~~I~I
By:
Name:
AUTH
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE)
Before me the undersigned authority personally appeared &>1'\. ~'lI.t.twl-t u as the a
Applicant and'or the owner of the property &qect to the application, who being first by ~ sworn, d
executed Ilia Affidavit for the pwposes staled therein and that it is bue and conect ,:> _
AFFIANT
SWORN TO AND SUBSCRIBED BEFORE ME llia!2day of Qr..Mbtr .200
~ BETTY LLERENA
MY COMMISSION /I 00 096981
EXPIRES: February 21, 2006
1-8(X).3-NOTARY FLNl:ll-vService&BoncItng,lnc
.
1l
BUSINESS RELATIONSHIP AFFlDAVIT*
This Affidavit is made pursuant to Section 31-71 (b)(2)(ii) of the City of Aventura Land Development Code. The~ndelSigned Afflal1t hereby
discloses that (marl< with .x. applicable portions only)
~1.
Affiant does !!!!! have a Business Relationship with any membar of the City Commission or any City Advisory
Board to which the application will be presented.
[ ]2.
Affiant hereby discloses that ij does have a Business Relationship with a member of the Cily Commission or a
City Advisory Board to which the application will be presented, as follows:
(List name of Commissioner or Advisory Board Member) who serves on the
(List City Commission or City Advisory Board upon which member
serves).
The nature of the Business Relationship is as follows:
[ ] i. Member of City Commission or Board holds an ownership interest in excess of 1 % of total assets or
capital stock of Applicant or Representative;
[] ii. Member of City Commission or Board is a partner, co-shareholder (as to shares of a corporation
which are not listed on any national or regional stock exchange) or joint venturer with the Applicant or
Representative in any business venture;
[ ] iii. The Applicant or Representative is a Client of a member of the City Commission or Board or a Client
of another professional working from the same office or for the same employer as the member of the
City Commission or Board;
[ I iv. A City Commissioner or Board member is a Client of the Applicant or Representative;
[ ] v. The Applicant or Representative is a Customer of the member of the City Commission or Board (or of
his or her employer) and transacts more than $10,000.00 of the business of the member of the City
Commission or Board (or his or her employer) in a given calendar year;
[ ] vi. The member of the City Commission or Board is a Customer of the Applicant or Representative and
transacts more than $25,000.00 of the business of the Applicant or Representative in a given
calendar year.
WITNESS MY HAND THIS ~DAY OFjk~, 200L
(Signature)
(Print)
(Print)
WlTNESSMYHANDTHIS 6 DAYOF ~ ,~
By:
Name:
TrtIe:~
(Signature)
(Print)
(Print)
"The tenns "Business Relationship," "Client," 'Customer," "Applicant." "Representative" and "Interested Person" are defined in
Section 2.395 of the Aventura Cffy Code.
,
..
'\~...~
BUSINESS RELATIONSHIP AFRDAVIT*
This Affidavit is made pursuant to Section 31-71(b)(2)(ii) of the City of Aventura Land Development Code. The unde~ AJfiant-heteli)"
discloses tha} (mark with 'x' applicable portions only)
vi 1. Afflallt does !!2! have a Busi1ess Relationship with any member of the City Commission or any City Advisory
Board to which the application will be presented.
[ I 2. Affl8llt hereby discloses that ~ does have a Business Relationship with a member of the City Commission or a
City Advisory Board to which the application will be presented, as follows:
(List name of Commissioner or Advisory Board Member) who serves on the
(List City Commission or City Advisory Board upon which member
serves).
The nature of the Business Relationship is as follows:
[ ] i. Member of City Commission or Board holds an ownership interest in excess of 1 % of total assets or
capital stock of Applicant or Representative;
[] ii. Member of City Commission or Board is a partner, co-shareholder (as to shares of a corporation
which are not listed on any national or regional stock exchange) or joint venturer with the Applicant or
Representative in any business venture;
[ ] ili. The Applicant or Representative is a Client of a member of the City Commission or Board or a Client
of another professional working from the same office or for the same employer as the member of the
City Commission or Board;
[ ] iv. A City Commissioner or Board member is a Client of the Applicant or Representative;
[ I v. The Applicant or Representative is a Customer of the member of the City Commission or Board (or of
his or her employer) and transacts more than $10,000.00 of the business of the member of the City
Commission or Board (or his or her employer) in a given calendar year;
[ ] vi. The member of the City Commission or Board is a Customer of the Applicant or Representative and
transacls more than $25,000.00 of the business of the Applicant or Representative in a given
calendar year.
WllNESS MY HAND Tl-tIS
APPLICANT:
By:
Name:
TI\1e:
DAY OF
,2001-
(Signature)
(Print)
~
AND Tl-tISQ DAY OF V,~
By:
Nam .
TI\1e:
(Signature)
(Print)
(Print)
'The terms "Business Relationship,' "Client." "Customer," "Applicant," "Representative" and 'Interested Person" are defined in
Section 2.395 of the Aventura City Code.
NOTARIZATION PROVISION
'.,., j\/'- r"'
STATE Of R.ORIlA )
COUNTY Of IoIlAMI-lWlE)
Belanl me. tha unde<signed 1AlItoody, peI$OC1IIy ~ tha AffIaTIt,
_ t_ I1Is Affodavit for tha puqlOS8s Slaled .- tnclthat lis We tncl CO<rOCt
G) BETTY LLERENA
MY COMMISSION # 00 c>>5881
EXPtRES: February 27.:zooe
iBl by me cUr ~,~~~ _ff~~\,
SWORN TO AND SUBSCRIBEO belanlme !his l~claYal~~
.
.
STATE OF IUlRIOA I
.COUNTY OF M1AMl-llADE)
Belanl me, tha lIlCIersigned authority, peI$OC1IIy '\et;
_ tJIIlQJ\8cll1ls Alfodavit fortha purposes Slaled thal9i\ tnclllat lis We tncl CO<rOCt
G) BETTY LLERENA
MY COMMISSION II DO 095991
EXPIRES: February 27, 2006
1-8Q003.NOTARY FL NoI.-y service & Bordng, Inc.
firsl me dilly swam, di:t swear or tffll11l that
()^ u I t: AFflANT
SWORN TO AND SUBSCRIBED before me thlseclaYOI ~~
STATE OF R.ORIOA )
COUNtY OF MIAMI-DADE)
Belanl me, the under>igned authority, personaRy appeared
_ t_!his Affidavit for tha purposes Slated therein and that lis We and coned.
the Afflan~ who being first by me duly swam, di:t swear or affll1l\ that
AFFIANT
SWORN TO AND SUBSCRl8EObelanl me I1Is _clayal
.2d-
NoIary NlIic S1aIa of Flcxlda 1J. ~
Plilted Nama of NoIaty
My COIM1Isslon tlqllres:
STATEOFR.ORIOA )
COUNTY OF MIAMI-DAllE)
Belanl me. tha under>igned authority, personally appeared
""'she._ this Affidavit for tha PUll'OS'ls Slated thareln tncl that lis We and CO<rOCt
the Affiant, who being lirst by me duly swam, di:t swear or affll1l\ thaI
AffIANT
SWORN TO AND SUBSCRIBED before me this _ clay al
.4
NoIary PWlIc State of Flcxlda 1J. ~
Prinled Nama of NoIaty
My COIM1Isslon tlqllres'
-
BUSINESS RELATIONSHIP AFRDAVIT*
This Affidavit is made pursuant to Section 31-71 (b)(2)(ii) of the City of Aventura Land Development Code. The undersigned Affiant hereby
discloses that (marl< with 'x' applicable portions only)
~ Afflallt does !!Q! have a Business Relationship with any member of the City Commission or any City AdvisoIy
Board to which the application win be presented.
[ 12. Affiant hereby discloses that ~ does have a Business Relationship with a member of the City Commission or a
City Advisory Board to which the application will be presented, as follows:
(List name of Commissioner or Advisory Board Member) who serves on the
(List City Commission or City Advisory Board upon which member
serves).
The nature of the Business Relationship is as follows:
[ ] i. Member of City Commission or Board holds an ownership interest in excess of 1 % of total assets or
capital stock of Applicant or Representative;
[I ii. Member of City Commission or Board is a partner, co-shareholder (as to shares of a corporation
which are not listed on any national or regional stock exchange) or joint venturer with the Applicant or
Representative in any business venture;
[ I ili. The Applicant or Representative is a Client of a member of the City Commission or Board or a Client
of another professional working from the same office or for the same employer as the member of the
City Commission or Board;
[ I iv. A City Commissioner or Board member is a Client of the Applicant or Representative;
[ I v. The Applicant or Representative is a Customer of the member of the City Commission or Board (or of
his or her employer) and transacts more than $10,000.00 of the business of the member of the City
Commission or Board (or his or her employer) in a given calendar year;
[ ] vi. The member of the City Commission or Board is a Customer of the Applicant or Representative and
transacts more than $25,000.00 of the business of the Applicant or Representative in a given
calendar year.
WITNESS MY HAND THIS ~ DAY OF Y,,- <l.
,200L
..~
By: = _(Signature)
Name:_ ~ : (Print)
Title: - ~ (Print)
,tNI::' .
WITNESS MY HAND THIS DAY OF ,24
PROPERTY OWNER:
(Signature)
(Print)
(Print)
By:
Name:
Tille:
"The tenns "Business Relationship," 'Client," "Customer," "Applicant," "Representative" and 1nterested Person" are defined in
Section 2-395 of the Aventura Cfty Code.
NOTARIZATION PROVISION
STAlE Of IUlRIOA I
COUNTY Of IoI1AMHlADEl
Before me, 1he undelSigned 1lIIhady. personaly ewearect ~nu.tl tc~~ Ihe 7~ &rst by me ~ IWOO\, ad sweat or alfll11\ I1aI
heIshe ,>OOJlOd I1is AlfdaYllIor Ihe puIpOSOs slated......., and I1at lis We and cooeel.
-
AFFIANT
SWORNTOANDSUBSCRIBEObeforemel1is \~""'daYol \)~~..... .
,C~. JULIA A. MURILLO
...., ~.J~ MY COMMISSION # 0007681:3
""+.,~ EXPIRES: December~,200!i
1~~NOTMIIV PL.NoltrySlrYk>>,\BOndIng,lnc
...
Printed Name 01 Notary 1
My commission allplres:JZ./ S 0&
.
STATE Of IUlRIOA I
.COUNTY Of t.IIAt.II-OADE)
Before me, 1he undelSigned 1lJ1hority, personaly ewearect
heIshe ,lIIlaIlod tIIs AlIidaYIIIor 1he pul1lOSI$ slated......., and 1het lis We and cooect
Ihe Alf"",~ who be;;,g &rst by me duly IWOO\, ad sweat or alfll11l1het
SWORN TO AND SUBSCRIBED before me this _day of
AFFIANT
2001.-
Notary Public Slate of FlorIda M.large
Printed Name of Notary
My commIsslon expires:
STATE Of R.ORIDA )
COUIolTY OF MIAMI-DADE)
Before me, \f1e undersigned autf1ority, personally appeared
heIshe elfOCUled IhIs Alfda'litlor 1he puf\lOSOs slated \f1ereln end that lis lnJe and r:orrec\.
1he Alf"",~ who be;;,g first by me duly ....", did swear or alflflTIthal
AFFIANT
SWORN TO AND SUIlSClUBED before me this _ day 01
.za-
Notary NlIic Slate of FlorIda M.large
Printed Name of Notary
MyOX\'Vt\lssiol,expns:
STATE Of R.ORIOA )
COUNTY Of MIAMI-DADE)
Before me, 1he undersigned authority, personally ewearect
helshe elfOCUled 1hIs AlfdaYllIor 1he purposes slated 1hereln and 1het lis We and cooeel.
1he Alf...n~ who be;;,g first by me duly ....". did swear or alflflTI that
AFFIANT
SWORN TO AND SUBSCRIBED before me this _ day of
.200/-
.
Notary PIbIic Slate of FlorIda M.large
Prtnted Name of Notary
My CClh.'lIsslon I)q)QS'
It
BUSINESS RELATIONSHIP AFFIDAVIT*
this Alfidavk Is made pursuant to Section 3Hl(b)(2)(ii) of the City of Aventura land Development Code. The undersigned Alllant hereby
discloses that: (mark with "x" applicable portions only)
H< AlflllOt does !l2l have a Business Relationship with any member of the City Commission or any City AdvIsory
Board to which the applicallon will be presented.
[ J 2. Affiant hereby discloses that k does have a Business Relationship with a member of the City Commission or a
City Advisory Board to which the application will be presented, as lollows:
(Ust name 01 Commissioner or Advisory Board Member) who serves on the
(List City Commission or City Advisory Board upon which member
serves).
The nalure of the Business Relationship Is as lollows:
[ )1. Member of City Commission or Board holds an ownership interest In excess oil % of tolal assets or
capital stock 01 Applicant or Representative;
II Ii. Member of City Commission or Board is a partner, co-shareholder (as to shares of a corporation
which are not listed on any national or regional stock exchange) or joint venturer with the Applicant or
Representative in any business venture;
[ ) iii. The Applicant or Representative Is a Client 01 a member of the City Commission or Board or a Client
of another professional working from the same office or for the same employer as the member 01 the
City Commission or Board;
[ I iv. A City Commissioner or Board member is a Client 01 the Applicant or Representative;
[ I v. The Applicant or Representative Is a Customer of the member of the City Commission or Board (or of
his or her employer) and transacts more than $10,000.00 01 the business of the member of the City
Commission or Board (or his or her employer) In a given calendar year;
[ I vi. The member 01 the City Commission or Board Is a Customer of the Applicant or Representative and
transacts more than $25,000.00 olll1e busiless of lI1e Applicant or Representative In a given
calendar year.
WITNESSMYHANDTHIS~DAYOF Ye.<!. .200"
-l-
(Signalure)
(Print)
(Print)
WITNESS MY HAND THIS _ DAY OF
PROPERlY OW(rlER:
. 200).
By:
Name:
Trtle:
(Signature)
(Print)
(Print)
"The leons "Business Relalionshlp," "CHent," "Customer," "Applicant" "Representalive" and "Interested Person" are deRned In
Section 2-395 of lhe Mentura City Code.
NOTARlZA110N PROVISION
STAlE OF f\.ORlI)A I
COUNTY OF t.I1AMHWlEl
Belocw....... undersigned authority. personaIy 0W0I'"d (~ ~~Iwho bei1g lirsI by... duly swam, did __ or alfrm Ilat
heIshe.1lllCUIod Ills AffodaW for... _s slaled ....... ard Ilat k Is """ ard
SWORNTOANOSUBSCRIBEDbelocwmethls~yol ~. wi-
,
STATE OF FlORlOA I
.COUNTY OF IoIIAMl-llADE)
Belocw ..., ... undersigned authority, personaIy 0W0I'"d
heIshe.1lllCUIod Ills AffodaW for... puIpOS8S staled .....In IIlIII1at k Is M ard coned.
SWORN TO AND SUBSCRIBED before me this _ day of
STATE OF R.ORIDA )
COUNTY OF MIAMI-DADE)
Before me, the undersigned authority. personany appeared
heIshe e>recUled this Affidavit for... purposes slated the..1n and that lis """ and correct.
SWORN TO AND SUBSCRIBED belocw ...1lIs _ day of
STATEOFR.ORIDA I
COUNTY OF MIAMI-DAllE)
Belocw .... ... undersigned authority, personally appeared
heIshe ellllCUlod this Affidavit for... purposes slated .....In and that k Is !rue and conect.
SWORN TO AND SUBSCRIBED before ... this _ day 01
MA YOII V SU1,REZ
CO__. CC88S314
EXI'lIlU w::1V 03. 2003
tol'DtO lHIOUCIH
AfYVANfAGE NO(IIZ't
the AffIaTIt, wllo being lirsI by ... duty swam, d'od __ or alfllll1 that
AFFIANT
.2001.-
Notary PtbflC State of FforIda />J large
Printed Name of Notary
My cornmIssIon expires:
the AfflO.n~ wllo being fim by me duly sworn. did swear or affurn that
AFFIANT
2f1!J...
Notary N>ic State of FforIda />J large
Prilled Name of Notary
My cornmIssIon expires:
... AfflO.n~ wllo being fim by me duly swam, d'od swear or affurn that
AFFIANT
. 200/.-
.
Notary PlbIic State of FforIda />J large
Prinled Name of Notary
loIy cornmIssIon expires:
RESOLUTION NO. 2003-_
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA DENYING VARIANCE FROM SECTION 31.
75(b)(4) OF THE CITY'S LAND DEVELOPMENT REGULATIONS
WHICH PROHIBITS TEMPORARY SALES OFFICES AND MODEL
HOMES AT THE PROPERTY WITHOUT AN APPROVED SITE PLAN
FOR THE PERMANENT USE WHICH IT IS INTENDED TO SERVE FOR
PROPERTY LOCATED ON NE 185 STREET, CITY OF AVENTURA;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the property described herein is zoned B2, Community Business
District; and
WHEREAS, the applicants, Merco Group At Aventura Landings I, Inc., Merco
Group at Aventura Landings II, Inc. and Merco Group at Aventura Landings III, Inc.,
through Application No. 02-VAR-03, are requesting a variance from Section 31-75(b)(4)
of the City's Land Development Regulations to allow a temporary sales trailer on site
prior to final site plan approval for the permanent use which it is intended to serve; and
WHEREAS, following proper notice, the City Commission has held a public
hearing as provided by law; and
WHEREAS, the City Commission finds that the Application does not meet the
criteria of the applicable codes and ordinances, to the extent the Application is denied
herein.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. Application for Variance from Section 31-75(b)(4) of the City's
Land Development Regulations to allow a temporary sales trailer on site prior to final
Resolution No. 2003-_
Page 2
site plan approval of the permanent use which it is intended to serve is hereby denied
for property legally described as a portion of the southwest one-quarter of Fractional
Section 3, Township 52 South, Range 42 East, City of Aventura, Miami-Dade County,
Florida and more particularly described in Exhibit "A" to this Resolution.
Section 2. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner
, who
moved its adoption.
The motion was seconded by Commissioner
, and upon being put to a vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Patricia Rogers-Libert
Vice Mayor Harry Holzberg
Mayor Jeffrey M. Perlow
PASSED AND ADOPTED this 7'h day of January, 2003.
JEFFREY M. PERLOW, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
This Resolution was filed in the Office of the City Clerk this
day of
,2003.
CITY CLERK
D2-Y/l.2...-03
~CO~DPf \"'CE::r/I. 't>~
--------
:;G\ ~ Q.. ~"lt...D",
From the cIeIk of \\ " \"1
IVY ZALKA R~'::... ~t..l'(.T
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MINUTES
CITY COMMISSION MEETING
NOVEMBER 12, 2002 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 6:23 p.m. by
Mayor Jeffrey M. Perlow. Present were Commissioners Arthur Berger, Jay R. Beskin,
Ken Cohen, Manny Grossman, Patricia Rogers-Libert, Vice Mayor Harry Holzberg,
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:
A motion to address item 5 at this time was offered by Commissioner Rogers-Libert,
seconded by Vice Mayor Holzberg and unanimously passed.
5. SPECIAL PRESENTATIONS: Russ Marchner, Executive Director of the Dade
County League of Cities, Inc., presented the Commission with a plaque in appreciation
of their participation in the League. He also requested the Commission to consider 3
legislative issues concerning library funding, homeland security and equal treatment of
all immigrants.
3. ZONING HEARINGS: Ex-parte communications by Commissioners, if any, were
disclosed and filed with the City Clerk in accordance with City Code Section 34. 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 GRANTING APPROVAL OF A VARIANCE FROM SECTION 31.
193(e)(1) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW
MODIFICATION TO A COMMERCIAL ADVERTISING SIGN LOCATED ON
THE EAST SIDE OF THE FLORIDA EAST COAST RAILWAY TRACKS
SOUTH OF IVES DAIRY ROAD, CITY OF AVENTURA; PROVIDING FOR AN
EFFECTIVE DATE.
A motion for approval was offered by Commissioner Cohen and seconded by
Vice Mayor Holzberg. Planning Director Joanne Carr 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: John
Immer, Esq., 1101 Brickell Avenue, representing Clear Channel; Roy Lustig,
2600 Douglas Road, Coral Gables; Mr. Greenfield, 3766 NE 209 Terrace,
Golden Point; Syd Kozlovsky, Realtor in Aventura/Sunny Isle Beach; Dr. Eric
Albin, 3733 NE 209th Terrace; Steven Lakowitz, NE 183rd Street; Senator Ron
Silver, 12000 Biscayne Boulevard, Glenn Gopman, 2010 NE 198 Terrace; Marvin
Schulhoff, 20871 NE 37th Avenue; Manny Medido, Real Estate Representative
for Clear Channel; and Joseph Platnick, 18071 Biscayne Boulevard. There being
no further speakers, the public hearing was closed. A motion to defer this matter
to the January 7, 2003 Commission meeting and discuss further at the
Commission Workshop on November 21, 2002 was offered by Commissioner
Rogers-Libert, seconded by Vice Mayor Holzberg and unanimously passed
4. AGENDA: Request for Deletions/Emergency Additions: None.
6. CONSENT AGENDA: Commissioner Beskin requested removal of item 6-F from
the Consent Agenda. Mayor Perlow declared his conflict of interest as to item 6-E and
did not vote on that item only. A motion to approve the remainder of the Consent
Agenda was offered by Commissioner Rogers-Libert, seconded by Commissioner
Berger unanimously passed and the following action was taken:
A. Minutes were approved as follows:
October 1, 2002 Commission Meeting
October 31,2002 Workshop Meeting
B. The following motion was approved:
MOTION TO AUTHORIZE AND APPROVE THE APPOINTMENT OF
COMMISSIONER PATRICIA ROGERS-LIBERT TO THE FLORIDA
LEAGUE OF CITIES' RETIREMENT, PERSONNEL & COLLECTIVE
BARGAINING COMMITTEE AS VICE CHAIR
C. Resolution No. 2002-64 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA DECLARING CERTAIN PROPERTY LISTED
UNDER THE ASSETS OF THE CITY AS SURPLUS TO THE NEEDS OF
THE CITY; DESCRIBING THE MANNER OF DISPOSAL; AUTHORIZING
THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY
OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN
EFFECTIVE DATE.
D. The following motion was approved:
MOTION TO RATIFY THE CITY MANAGER'S RE-APPOINTMENT OF
BARBARA BUXTON, ESQ. AND HERBERT L. KLlGER, J.D. AS
SPECIAL MASTERS FOR THE CITY OF AVENTURA CODE
ENFORCEMENT PROCESS.
2
E. The following motion was approved:
MOTION TO APPROVE REQUEST BY DAVID MENDAL FOR
EXTENSION OF TIME FOR COMPLETION OF SITE WORK AT 19145
BISCAYNE BOULEVARD, AS PROVIDED FOR IN RESOLUTION NO.
2002-52, IN ACCORDANCE WITH CITY MANAGER'S MEMORANDUM
DATED NOVEMBER 5, 2002.
The following item was removed from the Consent Agenda and addressed separately:
F. Mr. Wolpin read the following ordinance by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATTACHED LETTER AGREEMENT BETWEEN CITY
OF AVENTURA AND BUCK CONSULTANTS FOR A PENSION
BENEFITS STUDY; AUTHORIZING THE CITY MANAGER TO DO ALL
THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
Harry Kilgore, Finance Support Services Director, addressed the
Commission. A motion for approval was offered by Commissioner
Rogers-Libert, seconded by Commissioner Berger, unanimously passed
and Resolution No. 2002-65 was adopted.
7. ORDINANCES - FIRST READING/PUBLIC INPUT:
Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
PARAGRAPH (b) OF SECTION 31-143 "RS1" DISTRICT, PARAGRAPH
(c) OF SECTION 31-143 "RS2" DISTRICT, PARAGRAPH (d) OF
SECTION 31-143 "RMF3" DISTRICT, PARAGRAPH (e) OF SECTION
31-143 "RMF3A" DISTRICT, PARAGRAPH (f) OF SECTION 143
"RMF4" DISTRICT, PARAGRAPH (g) OF SECTION 143 "RMF3B"
DISTRICT, PARAGRAPH (b) OF SECTION 31-144 "B1" DISTRICT,
PARAGRAPH (c) OF SECTION 31-144 "B2" DISTRICT, PARAGRAPH
(d) OF SECTION 31-144 "B3" DISTRICT, PARAGRAPH (e) OF
SECTION 31-144 "OP" DISTRICT, PARAGRAPH (f) OF SECTION 31-
144 "MO" DISTRICT, PARAGRAPH (b) OF SECTION 31-145 "TC1"
DISTRICT, PARAGRAPH (c) OF SECTION 31-145 "TC2" DISTRICT IN
ALL CASES TO DELETE COMMUNITY FACILITY (CF) USES AS
PERMITTED USES AND ADD COMMUNITY FACILITY (CF) USES AS
CONDITIONAL USES; PROVIDING FOR SEVERABILITY; PROVIDING
3
FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE
DATE.
A motion for approval, including the incorporation by reference into this
hearing of all amendments and testimony, written and verbal, relative to
this item given at the preceding Local Planning Agency meeting, was
offered by Commissioner Rogers-Libert and seconded by Commissioner
Cohen. There was no public input. The motion for approval passed
unanimously by roll call vote.
8. PUBLIC HEARING: ORDINANCES - SECOND READING:
A. Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
THE FRANCHISE AGREEMENT BETWEEN THE CITY AND
COMMUNITY CABLE TELEVISION BY EXTENDING THE EXPIRATION
DATE OF THE FRANCHISE AGREEMENT FROM APRIL 22, 2008 TO
APRIL 23, 2009; PROVIDING FOR EFFECTIVE DATE.
A motion for approval was offered by Commissioner Rogers-Libert and seconded
by Commissioner Cohen. Mayor Perlow opened the public hearing. There being
no speakers, the public hearing was closed. The motion for approval passed
unanimously by roll call vote and Ordinance No. 2002-27 was enacted.
B. Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
THE CITY CODE BY AMENDING CHAPTER 31 "LAND
DEVELOPMENT REGULATIONS" ARTICLE V "DEVELOPMENT
REVIEW PROCEDURES", AT PARAGRAPH (D) "FILING OF
APPLICATIONS" OF SECTION 31-71 "PROCEDURES OF GENERAL
APPLICABILITY", TO PROHIBIT ANY APPLICANT OR APPLICANT
REPRESENTATIVE FROM CONTACTING THE CITY'S
PROFESSIONAL STAFF (OTHER THAN THE CITY MANAGER)
CONCERNING A PENDING QUASI-JUDICIAL APPLICATION FOR A
DEVELOPMENT PERMIT FROM THE TIME OF THE FILING OF THE
APPLICATION UNTIL THE TIME OF THE PREPARATION AND
DISTRIBUTION OF THE CITY MANAGER'S WRITTEN
RECOMMENDATION; AND AMENDING CHAPTER 34 "PLANNING
AND ZONING", ARTICLE II "QUASI-JUDICIAL MATTERS", AT
SECTION 34-34 "EX-PARTE COMMUNICATIONS", TO GENERALLY
PROHIBIT CITY COMMISSIONERS FROM DISCUSSING THE MERITS
OF ANY SPECIFIC ISSUE WHICH IS THE SUBJECT OF A PENDING
4
QUASI-JUDICIAL APPLICATION, OUTSIDE OF THE PUBLIC
HEARING PROCESS; PROVIDING FOR SEVERABILITY; PROVIDING
FOR INCLUSION IN CODE; PROVIDING FOR EFFECTIVE DATE.
A motion for approval was offered by Commissioner Rogers-Libert and
seconded by Commissioner Cohen. Mayor Perlow opened the public
hearing. Dr. Albin addressed the Commission. There being no further
speakers, the public hearing was closed. The motion for approval passed
unanimously by roll call vote and Ordinance No. 2002-28 was enacted.
10. RESOLUTIONS: None.
11. OTHER BUSINESS: None.
12. PUBLIC COMMENTS: None.
13. REPORTS. As submitted.
14. ADJOURNMENT: There being no further business to come before the Commission
at this time, after motion made, seconded and unanimously passed, the meeting
adjourned at 8:45 p.m.
Teresa M. Soroka, CMC, City Clerk
Approved by the Commission on
Anyone wishing to appeal any decision made by the City Commission with respect to any matter considered at a meeting or hearing
will need a record of the proceedings and. for such purpose, may need to ensure that a verbatim record of the proceedings is made,
which record includes the testimony and evidence upon which the appeal is to be based,
5
FORM 8B. MEMORANDUM OF VOTING CONFLICT FOR
COUNT~ MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME-FIRST NAME--MIDDLE NAME
NAME OF BOARD, COUNCIL, ,COMMISSION, AUTHORITY, OR COMMITI'EE
m
C.LU.B ~te
COUNTY
iiin1'l -}ft'b b
THE BOARD, COUNCIL, COMMISSION, AUTHORI1Y OR COMMI'ITEE ON
WHICH I SERVE IS A UNIT OF:
Q...eITY [J COUNTY [J OTIiER LOCAL AGENCY
NAME OF POUTlCAL SUBDMSION:
C. L DF All t"rl1VRA ('/L ftlS.s J O/y
MY POSITION IS: ..-/
I>>"ELEC1'IVE [J APPOINTIVE
.WHO MUST FILE FORM 88
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board,
council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented
with a voting conflict of interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly
depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on
this form before completing the reverse side and filing the fonn.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES"
A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure
which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting
on a measure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained
(including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or
loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies
under Sec. 163.356 or 163.357, F .8., and officers of independent special tax districts elected on a one-acre, one-vote basis are not pro-
hibited from voting in that capacity.
For purposes of this law, a "'relative- includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-
in-law, mother-in-law, son-in-law, and daughter-in-law. A "'business associate- means any person or entity engaged in or carrying on
a business enterprise with the officer as a partner, joint-venturer, coowner of property, or corporate shareholder (where the shares of
the corporation are not listed on any national or regional stock exchange).
.
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.
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ELECTED OFFICERS:
In additioit to abstaining from voting in the situations described above, you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on
which you are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording
the minutes of the meeting, who should incorporate the form in the minutes.
.
*
*
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*
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*
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APPOINTED OFFICERS:
You must abstain from voting and disclose the conflict in the situations described above and in the manner described for elected offi-
cers. In order to participate in these matters, you must disclose the nature of the conflict before making any attempt to influence the
decision, whether orally or in writing and whether made by you or at your direction. '
IF YOU INTEND TO MAKE ANY ATl'EMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WInCH THE
VOTE wn.L BE TAKEN: .
. You must complete and file this form (before making any attempt to influence the decision) with the person responsible for
recording the minutes of the meeting, who will incorporate the fonn In the minutes.
. A copy of the fonn must be provided immediately to the other members of the agency.
. The form must be read publicly at the next meeting after the fonn is filed.
IF YOU MAKE NO ATl'EMPI'TO INFLUENCE THE DECISION EXCEPI' BY DISCUSSION AT THE MEETING:
. You must c1i1le10l8 orally the nature of your contliet in the measure before participating.
. You m'.lst complete the form and file it within 15 c1a~ after the vote oceun with the person responsible for recording the
minutee oCthe meeting. who must incorporate the fonn in the minutes. A copy of the fonn must be provided immediately to the
other members of the agency, and the form muot be read publicly at the next meeting after the form io filed. '
DISCLOSURE OF LOCAL OFFICER;S iNTERESt '
:Jf=FFRf:'-l (Y). -PER.LOW . hereby dioclo8e that on
IH"L
a Zoo 4-
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I,
(a) A measure came or will come before my agency which (check one)
inured to my opecial private gain or 1080;
inured to the special gain or 1088 of my busine88 aoeociate,
inured to the special gain or 1080 of my relative,
inured to the special gain or 1_ of A{) P \-.l CAN I
whom 1 am retained; or
inured to the special gain or 1088 of
io the parent organization or subsidiary of a principal which has retained me.
(b) The measure before my agency and the nature of my conflicting interest in the meaaW'e io as follows:
.by
. which
A ~E:ljbA- I~ b - E
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Date Filed
1/-12. -0'2-
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/Signature
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES 1112.317, A FAILURE TO MA]{E ANY REQUIRED DISCLO-
SURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING;
IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN
SALARY, REPRIMAND, OR A CML PENALTY NOT TO EXCEED $10,000.
CE FORM 88 . REV, 1/95
PAGE 2
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'\.;...~
MINUTES
COMMISSION WORKSHOP MEETING
NOVEMBER 21,200210:00 AM
Aventura Government Center
19200 w. Country Club Drive
Aventura, Florida 33180
The meeting was called to order at 10:10 a.m. by Mayor Jeffrey M. Perlow. Present
were Commissioners Arthur Berger, Jay R. Beskin, Ken Cohen, Manny Grossman,
Patricia Rogers-Libert, Vice Mayor Harry Holzberg, 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.
1. CLEAR CHANNEL OUTDOOR VARIANCE REQUEST: Mr. Soroka provided the
Commission with information from the City's landscape architect outlining the
landscaping that would be disturbed to establish the viewing zone for the existing
Clear Channel sign in front of Loehmann's, correspondence from FEC Railroad, and
a copy of the Agreement between the City and FEC for landscape easement.
Representatives of Clear Channel and members of the public addressed the
Commission.
CITY MANAGER SUMMARY: Discussion purposes only. To be addressed at next
Commission meeting.
2. OFFICE BUILDING SIGNAGE: Planning Director Joanne Carr discussed staff
recommendation in response to Commission's concerns regarding the code
provisions for wall signs on office buildings.
CITY MANAGER SUMMARY: Staff will provide further recommendation regarding
signage for buildings 10 stories and above, incorporating Commission's concerns.
3. LEGISLATIVE PRIORITIES - 2003: Mr. Soroka distributed proposed Legislative
Program and Priorities for 2003.
CITY MANAGER'S SUMMARY: Consensus to approve, with addition of insurance
reform and to list numerically by priority.
4. FOUNDERS PARK SOUTH (Mavor Perlow): Mayor Perlow suggested that this
area remain as is, in order to accommodate activities such as the recent Founders
Day events.
CITY MANAGER SUMMARY: Consensus that staff research another venue for the
Founder's Day activities prior to proceeding with the renovation of the south side of
Founder's Park.
5. APPOINTMENT OF COMMUNITY SERVICES ADVISORY BOARD MEMBERS:
Mr. Soroka noted that reappointment of Board members would be addressed at the
January Commission meeting.
CITY MANAGER SUMMARY: Consensus to reappoint all 7 members previously
appointed by the Commission.
Commission discussed sample layout for 2003 Arts Festival as distributed by
Aventura Marketing Council. Commission expressed their concerns as to the quality
of art exhibited in the past. Consensus to approve layout for 2003 as presented and
discuss with Marketing Council and promoter changes for any future such events.
Consensus to authorize City Manager to distribute letters to all buildings involved
concerning Yacht Club Drive road dedication.
Consensus to invite Commissioner Sally Heyman to a future workshop meeting.
6. 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 12:45 p.m.
Teresa M. Soroka, CMC, City Clerk
Approved by the Commission on
Anyone wishing to appeal any decision made by the City Commission with respect to any matter considered at a
meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim
record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be
based.
2
CITY OF AVENTURA
COMMUNITY SERVICES DEPARTMENT
MEMORANDUM
TO: City Commission
DATE: December 9,2002
FROM: Eric M. Soroka, City
BY: Robert M. Sherman,
SUBJECT: Bid No. 02-11-12-2, Municipal Transit Services
January 7, 2003 City Commission Meeting Agenda Item ~ B
Recommendation
The City Commission adopt the attached Resolution awarding Bid No. 02-11-12-2,
Municipal Transit Services to the lowest responsible and responsive bidder Limousines
of South Florida, Inc. for the annual price of $328,814.00.
Backaround
In accordance with the City's Purchasing Ordinance, bids for this project were solicited,
advertised and opened on November 12, 2002. All contract specifications were
reviewed by the City Attorney prior to advertising. This bid was advertised in local
newspapers and via the internet. Sixteen sets of bid specifications were either mailed
to or picked up by interested transit firms. Eight firms attended the required pre-bid
meeting on October 28, 2002. Limousines of South Florida, Inc. was the only qualified
bidder to submit a bid.
This bid provides public transit services for three routes per day, operating six days per
week, Monday through Saturday, starting at 8:45 AM and ending at approximately 5:30
PM, with a thirty minute break period for meals.
A brief analysis is as follows:
Total hours of services provided per year for
Monday through Saturday shuttle
bus service from 8:45 AM - 5:30 PM:
Total bid price:
Hourly rate per shuttle bus:
Charter bus service (55 passenger buses):
All other services:
7,736.8 service hours
$328,814.00
$42.50
$55.00 per hour (3 hr. min.)
25% off listed rates
City Commission
December 9, 2002
Page Two
The bid is for one three (3) year term with one three (3) year extension at the City
Manager's sole discretion. The bid specifications also require that new shuttle buses
be provided at the start of the contract, and new buses shall be purchased every three
years or 85,000 miles, whichever occurs first. All buses shall confirm to ADA standards
and all drivers shall complete ADA compliance and customer service training. The
specifications also contain a specific "no tipping" clause to preclude any problems in
this area. The vendor shall also supply the City with a radio, so we can communicate
directly with dispatch and drivers, if necessary.
Limousines of South Florida, Inc. currently provide similar services to the following
cities:
Lauderhill
Plantation
Bay Harbor Islands
All of the listed references gave our consultant good service reviews for South Florida
Limousines, Inc.
We are currently paying $41.55 per hour for shuttle bus service and $60 per hour for
charter bus service with a four hour minimum with our current contractor, Coach USA.
Coach USA did not submit a bid as they are re-structuring the company.
Pending City Commission approval, we anticipate a smooth transition without any
interruption in services to our passengers with Limousines of South Florida, Inc.
commencing approximately February 17,2003.
I will be happy to answer any questions pertaining to this bid.
RMS/gf
Attachments
RMS02097
CITY OF AVENTURA
COMMUNITY SERVICES DEPARTMENT
MEMORANDUM
TO: City Commission
FROM:
Eric M. Soroka, City
Community servi~
BY:
Robert M. Sherman,
DATE: January 3,2003
SUBJECT: Bid No. 02-11-12-2, Municipal Transit Services Addendum
January 7, 2003 City Commission Meeting Agenda item ..1iJ
Attached hereto for your information is the letter from our consultant giving his reasons
why there was only a single bidder. In addition to the items contained in his letter,
there are two issues that were not addressed concerning the charter bus service used
for our trips and tours programming and other transportation services as needed.
1. The original bid specifications required the successful bidder to own the
equipment for the charter bus service (large buses used for our trips and tours
programming and other special events.) This item was brought up for discussion
at the pre-bid meeting. Since all of the potential bidders except Coach USA did
not have large buses in their fleet, they requested that we allow them to sub-
contract this service. After discussing this issue with our consultant, the
language of the bid in the Addendum was changed to permit sub-contracting
large buses. Even with this major accommodation at the request of all of the
bidders only one bid was received. The bid price of $55 per hour with a three
hour minimum is cheaper than the $60 per hour with a four hour minimum we are
currently paying Coach USA.
2. limousines of South Florida will also provide the City with other transportation
services such as town cars and limousines, should the need arise at a 25%
discount off their regular rates. Coach USA did not provide the City with this
type of service, as they do not have these vehicles in their fleet.
If you need additional information, please contact me at your convenience.
Attachments:
December 31, 2002
Robert Sherman, Director
Public Services Department
City of Aventura
19200 West Country Club Drive
A ventura, Florida 33180
Dear Mr. Sherman:
The Center for Urban Transportation Research (CUTR) has been asked to review and
comment on the bid price received by the City of Aventura from Limousines of South
Florida. This question has come up given the fact that the City received only one bid,
even though invitations to bid were provided to over a dozen firms with experience in
providing local transit services, and representatives of eight firms were present at the pre-
bid conference.
While we were initially surprised that the city received only one bid, there are many
possible explanations. The bidders were asked to provide virtually all of the elements
necessary to provide the city with transit circulator services, including operators,
vehicles, mechanics, maintenance facilities, etc. Many representatives of companies that
provide similar local transit services in municipalities in Broward County attended the
pre-bid meeting. However, in Broward County, there are Interlocal agreements whereby
the County provides the vehicles to the cities/contractors at virtually no cost, and the
County also provides training to contractor's employees, as well as marketing assistance
to the cities. In Miami-Dade County, there are no such agreements between the County
and its cities. This means that either the city of the city's contractor must provide the
vehicles and other related services. It is very possible that a number of the small
companies that provide local transit circulator services in Broward County did not have
the financial wherewithal to purchase the new vehicles that the City's bid requires them
to provide.
There are a number of national transit management firms that also expressed initial
interest in providing this service to Aventura. However, those firms almost always work
from a maintenance and dispatch facility provided by the jurisdiction that is contracting
for the service. In Aventura's case, the City owns no such facility, and consequently,
these national transit management firms declined to submit a bid.
The current provider of service to the City was expected to submit a bid, and had
prepared such a bid, but was advised by its parent company that it was undergoing
restructuring and potential changes in ownership. Consequently, the current provider was
prevented from entering a new obligation and submitting its bid.
In terms of the price, we find the cost of $42.50 an hour to be fair and reasonable. The
company submitting this bid is, again, recovering the costs of all operators, mechanics,
vehicles, and facilities, as well as the "dead head" mileage (the mileage and hours the
contractor has to travel from its facility to the city and back) associated with the service.
The City has also, and rightly, required the company to provide vehicles that have gone
through federal testing procedures to ensure they are more reliable than the typical small
bus used in municipal transit services. If the County were to provide the service, their
hourly rate would be approximately $45 an hour. The City of Miami Beach is currently
paying approximately $46 an hour for the electric minibus service it is receiving from the
combination of Coach USA and the Electric Transit Vehicle Institute.
CUTR checked the references of Limousines of South Florida, and also checked with the
County's Department of Consumer Affairs for any complaints or violations. All
reference checks were very positive regarding this company. Therefore, CUTR believes
that the City should feel comfortable that it did all it could do to promote competition,
and that the bid it received is quite reasonable. Should you have any further questions,
please do not hesitate to contact me at 813-974-9847 or by email at
volinski@cutr.usfedu.
Sincerely,
Joel Volinski
Director, National Center for Transit Research at CUTR
Oec-24-02 10:55 Limousines of S. Florida
1 305 634 9027
P.02
IfNfS
Ueliv"rcd Via .'aesimilc
(3415) 466-3277
Dt:eemhcr 24, 2002
Roherl Sherman. I >ireelor of Community St:rviet:s
City of Avcntura
1921lll W. COllntry Club Drivc
Avcntura, Florida )3180
R F: Shullle Bus Serv icc Agreement
Dear Mr. Sherman.
l'ursuanllO our meeting yesterday, Ihis leller is to confirm thall,imousines of South
l'lorida, Inc. will pmvidc the City of AWlllura with Motor Coach CharIer Service as
described in Rid 1102-11-12-2 titled Municipal Transit Service. limousines of SO\lth
Florida, lnc, will guarantee the City (If Avenlura lhat all Motor Coach Charkr Service
ne,etIs requcstcd will be met when givcn a 72 hour notice for the service: reqllest.
',imollsines of SOl1lh flolida will make e"cry attempt to provide the City of Avenlllnl
with illl last minute nccds regardless of advance notification, Tt is our imentlo provide Iht:
City with the highest quality ot' service ilmlto meet all ofthc City's """US
If you have any further questions or concerns. please feci free to conluelll1e at anytime,
/;/
/'~;(
/
.' ""." ....'."L.
Mark Levitt
President
Meet &. (;r"t EXfC':..,i.,* s,.dmu' I,fJI"'J LJ..",~;It." liuu Mi..i-IJIl.'II'u Mf1I~~ttde"es
2595 N"nhwcsl 3~1\I StrUt Mi.o"l. Florid. 33142.~2~
Nallonwld.I-RO().7K2.5250 R.uwal1l (~"4) 925 ~6b (lade (05) 940.5252 Pal.lkatb 15(,1) 91().5466
Web!ii..e: www.limuwf)(~..hf1a.c()mt:..a..il: lu~ul)'scrvk;l'(!1'lilU~hj)uthna.~:uUl
RESOLUTION NO. 2003-_
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF AVENTURA, FLORIDA AWARDING AND LETTING A
BID/CONTRACT FOR BID NO. 02-11-12-2, MUNICIPAL
TRANSIT SERVICE, TO LIMOUSINES OF SOUTH
FLORIDA, INC., AT THE BID PRICE OF $328,814.00;
AUTHORIZING THE CITY MANAGER TO EXECUTE
ASSOCIATED CONTRACTS; AUTHORIZING THE CITY
MANAGER TO TAKE THE NECESSARY ACTION TO
CARRY OUT THE AIMS OF THIS RESOLUTION; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Manager has, pursuant to the various laws of the State of
Florida and the Code of the City of Aventura, properly solicited and accordingly
accepted bids for BID NO. 02-11-12-2, MUNICIPAL TRANSIT SERVICE; and
WHEREAS, sealed bids have been submitted to and received by the City
pursuant to the City's Invitation to Bid/Notice to Bidders, specifications, proposals, and
requirements for the projecUwork as cited above; and
WHEREAS, staff has determined that Limousines of South Florida, Inc., has
submitted the lowest responsible and responsive bid for said projecUwork; and
WHEREAS, the City Commission, upon the recommendation of the City
Manager, is therefore desirous of awarding said bid/contract to said lowest responsible
and responsive bidder;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA:
Section 1: That bid/contract for BID NO. 02-11-12-2, MUNICIPAL TRANSIT
Resolution No. 2003-_
Page 2
SERVICE, is hereby awarded to Limousines of South Florida, Inc., in the amount of
$328,814.00.
Section 2: The City Manager is hereby authorized to execute, on behalf of the
City, a contract by and between the parties embodying the terms, conditions, and
specifications as set forth in the subject Invitation to Bid/Notice to Bidders, bid
specifications, bid proposal and bid requirements.
Section 3: That the City Manager is hereby authorized to take all necessary
action to carry out the aims of this Resolution in awarding this bid/contract.
Section 4: That the funds to be allocated and appropriated pursuant hereto
and for the purpose of carrying out the tenets of this Resolution shall be from the
General Fund Line Item No. 01-5001-539-3455.
Section 5: This Resolution shall be effective immediately upon its adoption.
The foregoing resolution was offered by Commissioner
, who
moved its adoption. The motion was seconded by Commissioner
and
upon being put to a vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Patricia Rogers-Libert
Vice Mayor Harry Holzberg
Mayor Jeffrey M. Perlow
Resolution No. 2003-_
Page 3
PASSED AND ADOPTED this 7th day of January, 2003.
JEFFREY M. PERLOW, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
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more minibus to provide an additional route).Bidders shall indicate in its bid what
it would charge for hourly charter service on an as needed basis for special
events within the city.
9.2: INITIAL CONTRACT PERIOD AND CONTRACT RENEWAL: The Initial contract
shall be for a period of three (3) years from execution of the agreement In addition,
the City, at its sole discretion reserves the right to renew the contract for additional
three (3) year periods, providing that both parties agree that all tenns, conditions and
specifications remain the same, contingent upon approval by the City Manager.
9.3 SCOPE OF WORK
9.3.1 Service Area will be within the City of Aventura.
9.3.2 Service Standards:
9.3.2.1
Disolav of CitY Svmbol on Vehides:
All vehicles when being used to provide service for the City
under this contract must display, on the exterior of the
vehicle, the approved CIty provided signs. The Contractor
shall pay for and provide for installation of same, in the
manner prescribed by the Oty:
The following signs shall be required:
a: Front: A destination sign, whether a header or an
insert in the front windshield at the base of the
windshield on the passenger side in dear view of the
public. Minimum sign size shall be 12" in height and
18" wide.
b. Sides: A sign shall be located on each side and
minimum size shall be 18" in height and 36" wide. A
logo shall also be applied on both sides.
9.3.2.2 Vehicle Standards
The vehicles used to provide service must comply with all
applicable local, State and Federal Codes, safety standards or
laws and comply with or exceed manufacturers safety and
mechanical standards for the partiaJlar vehide and model
used in the provision of services under this contract. All
vehicles provided must:
a. Have a rear-view mirror and side-view mirrors
19
mounted on both sides of the vehicle
b. Have functioning interiOi' lighting within the passenger
compartments.
c. Be equipped with operable air conditioning systems of
suffident size and capadty to provide a cooling effect
throughout the vehicle, with cold air blowing in all
sections of the vehicle. If the air conditioning system
becomes Inoperable during the day, the Contractor
shall replace the vehicle within one hour. The vehicle
shall not again be used until such time that the air
conditioning system has been repaired.
d. Have exterior free of grime, oil or other substances
and free from cracks, breaks, dents and damaged
paint that noticeably detract from the overall
appearance of the vehicle.
e. Be clean in the interior and free from tom floor
coverings, damaged or broken seats, and protruding
sharp edges. The seats shall be padded and
comfortable.
f. Have unobstructed vision on at least three (3) sides
of the vehicle.
g. Have a properly functioning wheelchair lift mechanism
in order to provide accessibility to those passengers
who are non-ambulatory, unless an accessible Iow-
floor bus is provided. A minimum of one (1)
wheelchair space must be available on each vehicle.
The wheelchair space shall have a mechanism in
place to properly secure the wheelchair. If the
wheelchair lift becomes inoperable during the day,
the Contractor shall replace the vehicle within one
hour. The vehicle shall not again be used until such
time that the wheelchair lift has been repaired.
h. All vehicles and equipment on the vehicles shall be
maintained in full operational conditions at all times
according to the manufacturer's recommendations.
i. Not have leaks of any kind.
20
j. Be equipped with a functioning horn.
k. Not be more than one (1) year of age at the start of
this contract, nor have more than 10,000 miles of
service for vehicles 29' in length or smaller. At no
time during the duration of this Contract or any
renewal thereof shall a vehide be more than five (5)
years of age or have more than 100,000 miles as
recorded by the vehides odometer.
*Bidders are encouraged to provide service using new
vehicles.
I. A spare vehide may be up to four (3) years old or
60.000 miles as recorded on the odometer. A spare
vehicle Is seldom used and will be taken out of service
once the nonnal vehicle for service is repaired.
m. There should be room in the vehides for passengers
to rest packages such as bags from groceries and
stores. Vehicle drivers are expected to provide
reasonable assistance to passengers and package
handling whenever possible.
n. Vehides shall not have any exterior displays of
telephone numbers or advertising, unless authorized
by the City.
o. Bidders are encouraged to submit price proposals that
feature "low floor" buses that do not require
passengers to climb up or down steps to enter or exit.
9.3.2.3 Vehicle Insoections
Upon issuance of the first Contract and each two (2) months
thereafter, the Contractor shall supply the City with a list of all
vehicles and ID numbers to be used in the subsequent two
months. All vehicles shall be inspected by successful bidder, or
made available for inspection at any time ordered by the City
at its sole discretion. Any vehide not found in conformity with
the above standards must be removed from service
immediately until any defICiencies are corrected. The City
further reserves the right to order the immediate removal
from service of any vehide not in compliance with any vehicle
standards referenced herein. Failure to comply with these
requirements shall be cause for disallowance of compensation
21
--
for services rendered in the violating vehicle.
Tyee of Vehicle:
The basic type of vehicles, which a Contractor may utilize in the provision of
transportation services on the Blue and Green routes, is described below:
Vehicle Tyee
Minibus
# of seats
14-24
Lenath
22' - 26'
The Yellow Route carries heavier loads of passengers, and the minibus used on
that route must be able to seat at least 22 passengers and be no more than 29
feet long to allow It to maneuver through condominiums and shopping centers.
Seats in all vehicles shall be soft (padded) and forward fadng. All model vehicles
provided by the contractor must have completed "AItoona testing" for a seven-
year vehicle and the contractor must attest In writing that they have reviewed
the Altoona Test results and believe that the vehicle is suitable for reliable
service to the City of Aventura.
""Bidders may Include conventionally fueled vehicles, however, Bidders are encouraged to
provide service using Alternative Fuel Vehicles.
9.3.2.4
Suffident Number and TYoes of Vehicles to Meet Estimated
Demand:
(1) Contractor provided vehicles must conform to the Oty of Aventura's
color scheme. Vehicles must have provisions for, at least, one
wheelchair tie-down position.
(2) The Contractor shall provide at least four (4) vehicles equal to
handle the peak Vehicle Requirements (PVR) and spare ratio.
Contractor shall provide a back-up vehicle in place within one (1)
hour of a reported breakdown.
(3) The interior shall be cleaned at least once each day and the
exteriOrs shall be cleaned at least twice per week. The vehicles
shall be free of pests and exterminated for pests at least once per
week.
9.4 COMPLIANCE WITH LAWS, LICENSING REQUIREMENTS AND TERMS OF
COmMCT:
Contractor shall comply with any and all laws, statutes, ordinances, rules,
regulations, and procedural requirements whether federal, State, County, or local
22
and of any agency or such government, induding County and FTA, which relate
to or in any manner affect the perlonnance of this Contract. This indudes
rompliance with any existing or future drug policies, the Americans with
Disabilities Act (ADA), and any laws and regulations issued by Local County,
State or Federal agendes.
9.4.1 All partidpating rontractors must provide a System Safety program plan
as required under Florida Statute 341.061 and FOOT Rule 14-90.
9.4.2 Contractor Personnel:
The Contractor shall ensure that its drivers shall adhere to the following provisions.
9.4.3 Personal Aooearance
Oeanliness and neatness are required at all times. A driver's unlfonn must be
dean, pressed, brushed and in good repair at all times; shoes must be shined.
Driver's hair, moustache and beard must be well groomed or drivers who do not
have moustache or beard must be cleaned shaven. The wearing of non-unlfonn
apparel will not be pennitted, except during rold weather when drivers will be
permitted to wear a non-unifonn jacket or coat.
At all times Contractor drivers shall treat all passengers and the public with
rourtesy and respect and shall conduct themselves in a professional manner.
The following acts are specifically prohibited by drivers when providing services
under this contract. This list is not intended to be exdusive.
a. Use of intoxicating liquors, narcotics or controlled substances of any kind
(exduding doctor's prescriptions) while on duty or reporting for duty in
uniform while under the influence of liquors, narcotics or rontrolled
substances of any kind (exduding doctor's prescriptions).
b. Gambling in any fonn.
c. Smoking and other uses of tobacco while on duty except in places or at
times designated for that purpose.
d. Canying of pistols, fireanns or concealed weapons while on duty.
e. Resorting to physical violence to settle a dispute with a fellow employee or
the general public while on duty or on City premises.
f. Spitting in prohibited places or any other unsanitary practices.
g. Use of loud, indecent or profane language and/or making threatening or
obscene gestures toward passengers, the general public or other
23
employees.
h. Acceptance of tips from passengers. This service is intended to be totally
free to all passengers. Contractors should understand that tipping will not
be allowed, and Instruct their drivers accordingly. Accepting tips shall be
grounds for driver removal at the CITY's sole discretion.
i. Driver's Resoonsibilitv
It shall be the responsibility of the driver to devote full attention to the safe,
smooth and efficient operation of equipment and to avoid discomfort or
inconvenience to passengers. Subject to orders of persons of higher authority,
the driver has charge of the vehicle and shall be responsible for:
a. Adherence to route schedules and time points;
b. Knowledge and observance of traffic laws and safety regulations;
c. The safety of boarding and alighting passengers;
d. Calling out of bus stops and major intersections;
e. Assisting passengers with packages as they board or disembark from the
bus.
9.4.3.1 Drivers shall not have a criminal history which might impair the service
to the customers, including convictions for crimes involving assault,
battery and moral turpitude.
a. Drivers shall be of the minimum age of 21.
b. Drivers must be fluent in their understanding, reading, writing
and speaking the English language.
c. Drivers shall not have more than two (2) moving violations in
the last 5 years and no DWI/DUl convictions, nor any
chargeable accidents in anyone-year period.
d. Drivers shall complete a daily passenger trip report and a daily
vehicle mileage report for each shift worked. All reports shall
be collected and checked by the contractor and turned In to the
City by the 10th of each month.
9.4.3.2 Drivers shall have and maintain the State and Federal required Class B
Commercial license (CDL), and required County Chauffeurs license.
24
9.4.3.3 The Contractor shall certify that the drivers and other personnel
providing transportation under this contract will complete an initial and
fOllow-up training program developed by the Contractor, subject to
prior approval by the City, consisting of at lea~ the following items:
a. Defensive and safe driver training.
b. Passenger courtesy and comfort.
c. Technical training in the proper use of vehicle equipment, where
applicable.
d. Sensitivity and awareness of the special needs of handicapped
and elderly passengers.
e. Precautions and special care needed to assist elderly and
handicapped passengers.
f. Training in the completion of required City of Aventura fonns.
g. Drivers shall have a thorough knowledge of the Aventura transit
system schedules and routes; and basic knowledge of other
public transit services available within the City.
h. Training in City of Aventura's free fare policy.
i. Training in City of Aventura's route systems.
j. It will be the Contractor's responsibility to monitor drivers'
perfonnance and schedule refresher rourses, as needed.
This written training program must be submitted with Proposal and is
subject to modification only at the direction of, or with the concurrence
of, the City.
1. In the event that the City desires to rolled fares, it shall be the
responsibility of the Contractor to secure and install such
equipment as directed and specified by the City.
2. For the purposes of revenue collection, the City may require the
Contractor to deliver revenue to the City Hall or at such time
intervals as determined by the City, or at City's option a
different method of revenue delivery may be selected.
25
9.5 SQiEDULES:
Adherence to schedule is of utmost importance. At the City's sole discretion,
drivers may be required to keep time records that indicate actual arrival and/or
departure times. As much as possible, Aventura Advantage shuttle routes are
designed to meet each other at the Aventura Mall. Drivers shall be alert to
accommodating those passengers who wish to transfer to another Aventura
Advantage minibus route.
1. Telephone Svstem: The Contractor shall make available suffident telephone
capacity to ensure accessible communication between the City and Contractor's
facility. Should the City detennine that telephone access is inadequate, the
Contractor must provide a dedicated telephone line.
2. TWfrWay Communication System: The Contractor, through a base station or a
City approved alternate communication system (e.g. mobile phones), Is required
to be in regular communication with all vehides providing transportation service.
Additionally, the Contractor shall install, pay for and provide the City with
compatible communications equipment to the Contractor's vehides utilized In the
Contract for purposes of communicating between City and Contractor's vehides
and/or dispatchers.
9.6 STRIKES AND LOCKOUTS:
There will be no strikes, work stoppages, sick-outs, picketing while working,
slowdowns or other concerted failure or refusal to perfonn assigned work by the
Contractor's employees, and there will be no lockouts by the Contractor for the
duration of this Contract. The Contractor shall make an attempt to obtain from
any association representing the Contractor'S employees a letter of
understanding agreeing to support the City fully in maintaining operations in
every way.
Any employee who participates In or promotes an illegal strike, wor\< stoppage,
picket while working, slowdown, sick-out or concerted failure to refuse to
perfonn assigned wor\< may be discharged or otherwise disdplined by the
Contractor.
It is recognized by the parties that the City is responsible for and engaged in
activities which are the basis of the health and welfare of our dtizens and that
any violation of this section would give rise to Irreparable damage to the City and
the publiC at large. Accordingly it is understood and agreed that in the event of
any violation of this section, the City shall be entitled to seek and obtain
immediate injunctive relief and all other relief as provided by law, induding
attomey's fees and full costs associated with the violation and restoration of
service. In the event of a strike, work stoppage, or interference with the
operations and accomplishment of the mission of the City, the Contractor and
26
any association representing the Contractor's employees shall promptly and
publicly order the employees to return to work and attempt to bring about a
prompt resumption of nonnal operations.
BIDDER'S NAME: Mark Levitt
COMPANY NAME:Lirnousines of South Florida,
Inc.
27
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Planholders List - Der'ldStar by Onvia
Page 1 of2
user: Shields, Jeff organization: City of Aventura
I logout I Help
DemandSta~
by ONvlA
.'
My DemandStar Buyers
log Bid [View Bids] log Quote
Auctions Build Broadcast List
Planholders List
Account Info
View Quotes Supplier Search
Reverse
Member Name City of Aventura
Bid Number 610-02-11-12-2-0-200205
Bid Name Municipal Transit Service
Number of Documents for this bid 3 (Not Including Plans)
13 Planholder(s) found.
, ,
Supplier Name Phone Fax Doc Attributes Actions
Count
Laidlaw Education Services 630-848-3024 630-848-3153 3 Documents
The Presidio Corporation 954-227-8330 954-227-8303 3 1. Small Business Docum~ntl;
2. Woman Owned
ATC 508-223-5300 508-223-5305 3 Documents
southern shuttle services, 305-871-8210 305-871-8475 3 QQcYm~nt,s
Inc
MV Transportation, Inc. (707) 863- (707) 863- 3 Q_Q!;_Y.!!1~ntl;
8980 8944
LogistiCare 7709077596 7709077598 3 Documents
Operation Shuttle.com 714-228'"0582 714-228-0595 3 Documents
Quality Transport Services 954-791-2505 954-791-2591 3 1. Woman Owned QQ!;ym~J1tl;
Constructlonjournal.com (800) 785- (800) 581- 3 Documents
5165 7204
Avo International (214) 330- (214) 333- 3 Documents
3522 0104
Sessaly Rose Transit, Inc. (850) 222- (850) 222- 3 1. Woman Owned Qocyme.nts
8232 6654
Luxury limousine Service, (954) 741- (954) 726- 1. African American
3 Owned Documents
Inc. 2811 9962 2. Small Business
Arqultectonica 305-372-1812 305-372-1175 2 Documents
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CITY OF AVENTURA
COMMUNITY SERVICES DEPARTMENT
MEMORANDUM
BY:
Robert M. Sherma ,
na er
of Community servi~
TO: City Commission
FROM:
Eric M. Soroka, City
DATE: December 11, 2002
SUBJECT: Resolution Authorizing the City Manager to Execute Work
Authorization No. 01-0103-024 from Craven Thompson & Associates,
Inc. for the Design of the NE 31st Avenue Park.
January 7, 2003 City Commission Meeting Agenda Item.iLc..
Recommendation
It is recommended that the City Commission adopt the attached resolution authorizing
the City Manager to execute the attached Work Authorization No. 01-0103-024 from
Craven Thompson & Associates, Inc. to design the NE 31st Avenue Park in the amount
of $20,600.
Backaround
This Work Authorization provides for the preparation of construction drawings and cost
estimates for the development and construction of the NE 31st Avenue Park. The two
acre park will contain the following elements:
ADA accessible park.
30 space parking lot.
Open 1.5 acre playfield area with playground designed for children aged 2 through12.
Landscaping with shade trees throughout the park.
Decorative fencing separating the pet park from the play areas.
Separate entrance for visitors with pets.
Separate drinking fountains for people and pets.
Pet exercise area totaling approximately 25,000 square feet.
Several "pooper scooper" stations with trash receptacles.
City Commission
December 11 , 2002
Page Two
Craven Thompson & Associates, Inc. shall prepare construction drawings, details and
specifications for this project and include the following elements:
1. Site Plan
2. Paving, Grading and Drainage Plan
3. Water and Sewer Plan
4. Site Geometry Plan
5. Landscape Plan
6. Irrigation Plan
7. Lighting Plan
8. Site Amenities Plan
. Miscellaneous coordination with City and/or other affected parties.
. Prepare cost estimates for permitting and construction.
The design phase will take approximately 90 days to complete. I will be happy to
answer any additional questions regarding this project.
RMS/gf
Attachments
RMS02098
RESOLUTION NO. 2003-_
A RESOLUTION OF THE CITY COMMMISSION OF THE
CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY
MANAGER TO EXECUTE THE ATTACHED WORK
AUTHORIZATION # 01-0103-024 FOR PROFESSIONAL
CONSULTING SERVICES WITH CRAVEN THOMPSON
AND ASSOCIATES, INC. TO PREPARE CONSTRUCTION
DRAWINGS AND SPECIFICATIONS FOR THE
DEVELOPMENT OF THE NE 31 AVENUE PARK IN THE
AMOUNT OF $20,600.00; AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS NECESSARY TO CARRY
OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING
AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City Manager is hereby authorized to execute the attached
Work Authorization # 01-0103-024 for Professional Consulting Services with Craven
Thompson and Associates Inc. to prepare construction drawings and specifications for
the development of the NE 31 Avenue park in the amount of $20,600.00.
Section 2. The City Manager is hereby authorized to do all things necessary to
carry out the aims of this Resolution.
Section 3. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner
moved its adoption. The motion was seconded by Commissioner
upon being put to a vote, the vote was as follows:
, who
. and
Commissioner Arthur Berger
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Patricia Rogers-Libert
Vice Mayor Harry Holzberg
Mayor Jeffrey M. Perlow
Resolution No. 2003-_
Page 2
PASSED AND ADOPTED this 7th day of January, 2003.
JEFFREY M. PERLOW , MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
WORK AUTHORIZA nON NO. 01-0103-024
The City of Aventura bas requested Work Authorization No. 01-0103-024 as provided for in the
Agreement between the City of Aventura and Craven Thompson and Associates, Inc. and
approved by the City Commission on July 3, 200 I.
This Work Authorization No. 01-0 I 03-024 provides for technical services in accordance with
Articles 3, 4, 6, 7 and 8 of the Agreement as further detailed in the scope of services in Exhibit A.
Payment for such services shall be in accordance with Article 5 of the Agreement.
Design Phase
Prepare Design Drawings.................. ............ ................................................... .$17,300.00
Project Management............................................................... ...... $ 2,500.00
Total Design Phase............ ..................................... ......... ...... ................ $19,800.00
Reimbursable Exnenses
Printing, Graphics, Communications........................................... ............................ $600.00
Couriers, Express Mail, Ete. .................................................................................... $200.00
Total Reimbursable Expenses............................................................................... $800.00
Total Estimated Labor Expenses are................................................................... $19,800.00
Total Estimated Reimbursable Expenses are............................................................ $800.00
The time period for this work authorization will be:
Design Phase............................................................ 90 Days
APPROVED AS TO FORM
BY
ATTEST
BY
CITY:
CITY OF A VENTURA, FLORIDA
through its City Manager
BY
City Manager
City Clerk
Teresa M. Soroka. CMC
Eric M. Soroka. ICMA-CM
day of
.2003
Notice to Proceed _ Yes
No
City Attorney
Weiss Serota & Helfman, P.A.
Project Initiation Date
RECOMMENDED through its
Director of Community Services
BY
Director of Community Services
Robert M. Shennan. CPRP
day of
.2003
EXHIBIT "A"
Consultant shall prepare construction drawings and specifications for the development of a dog
park and playground within the City of Aventura. The plans shall be prepared in accordance with
the Conceptual design prepared by Craven Thompson and Associates. Consultant will more
specifically perform the following:
. Prepare construction drawings, including details and specifications, for the proposed dog
park and playground including the following:
1) Site Plan
2) Paving, Grading and Drainage Plan
3) Water and Sewer Plan
4) Site Geometry Plan
5) Landscape Plan
6) Irrigation Plan
7) Lighting Plan
8) Site Amenities Plan
. Miscellaneous coordination with City and/or other affected parties.
. Prepare cost estimates for permitting and construction.
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CITY OF AVENTURA
COMMUNITY SERVICES DEPARTMENT
MEMORANDUM
DATE: December 12, 2002
TO: City Commission
FROM:
BY: Robert M. Sherman,
SUBJECT: Interlocal Agreement Between the City and Miami-Dade County for
Providing Public Transportation Services Within the City of Aventura
January 7, 2003 City Commission Meeting Agenda Item b -D
Recommendation
It is recommended the City Commission adopt the attached Resolution authorizing the
City Manager to execute the attached Interlocal Agreement between the City and
Miami-Dade County providing for public transportation services in the City of Aventura.
Backaround
This Agreement provides for the following terms and conditions pertaining to the
Aventura shuttle bus. Our current Agreement has expired:
1. The Agreement provides for the transit operator to operate and comply with all
applicable county ordinances and state statutes within the City at no cost to the
City.
2. The City shuttle bus comply with all requirements of the ADA, and the County
will continue to operate the on-demand STS services within the City at no cost to
the City.
3. The City shall provide the shuttle service on the three routes as we are currently
doing, for the life of the agreement.
4. No fares can be charged without the approval of the County Manager. If fares
are to be charged, the City agrees to accept MDTA passes and transfers at no
charge.
City Commission
December 12, 2002
Page Two
5. The Aventura shuttle bus will be shown on the County's transit maps. The
County shall also provide information on the Aventura shuttle bus through their
regular and customary public information process.
6. To the extent permitted by law, the City and Miami-Dade County agree to
indemnify and hold harmless each other.
7. In the event that the County enters into an Interlocal Agreement for transit
services with another municipality that is comparable to the services contained
in our Interlocal Agreement, and contains more favorable terms for that
municipality, the County agrees to amend the Agreement, upon request from the
City, to provide substantially equivalent favorable terms to the City.
8. The agreement is for a five year term, with an option to renew for three
additional one year terms.
RMS/gf
Attachments
RMS02099
RESOLUTION NO. 2003-_
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY
MANAGER TO EXECUTE THE ATTACHED INTERLOCAL
AGREEMENT BETWEEN THE CITY OF AVENTURA AND
MIAMI-DADE COUNTY FOR THE PROVISION OF PUBLIC
TRANSPORTATION SERVICES WITHIN THE CITY OF
AVENTURA; AUTHORIZING THE CITY MANAGER TO DO
ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF
THIS RESOLUTION; AND PROVIDING AN EFFECTIVE
DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City Manager is hereby authorized to execute the attached
Interlocal Agreement by and between the City and Miami-Dade County for public
transportation services within the City of Aventura.
Section 2. The City Manager is authorized to do all things necessary to carry
out the aims of this Resolution.
Section 3. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner
, who
moved its adoption. The motion was seconded by Commissioner
, and
upon being put to a vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Patricia Rogers-Libert
Vice Mayor Harry Holzberg
Mayor Jeffrey M. Perlow
Resolution No. 2003-_
Page 2
PASSED AND ADOPTED this 7th day of January, 2003.
JEFFREY M. PERLOW, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
Interlocal Agreement Between
Miami-Dade County and the City of Aventura
For the Provision of Public Transportation Services
This is an Interlocal Agreement, made and entered into by and between: Miami-
Dade County, a political subdivision of the State of Florida, hereinafter referred to as "the
County," and the City of Aventura, a municipal corporation of the State of Florida,
hereinafter referred to as "the City".
WITNESSElH:
WHEREAS, traffic congestion in the City of Aventura, and particularly the
Aventura Mall and Biscayne Boulevard corridor area. has been and continues to be a
significant concern to the residents and merchants of the City of A ventura; and
WHEREAS, A ventura is an important center of commerce and business in South
Florida and the state, hosting one of the most successful and active shopping malls in
Florida; and
WHEREAS, the population density of the City of Aventura is among the highest
of any municipality in Florida and many of the residents of Aventura are not able to
easily access existing transit services due to limited mobility; and
WHEREAS, two-thirds of the residents of the city have no public transportation
services within a reasonable walking distance and there are no plans for expansion of
County transit service in those areas of A ventura that are currently unserved; and
WHEREAS, the provision of regularly scheduled transit shuttle service in
Aventura could help decrease the need for specialized transportation services provided by
Miami-Dade Transit (MDT); and
WHEREAS, the provision of regularly scheduled transit shuttle service will
connect with existing Miami-Dade Transit services and help increase the use of services
provided by MDT; and
WHEREAS, the City is willing to provide an alternative form of supplemental
public transit within the City and has budgeted the necessary funds to so provide;
NOW, THEREFORE, in consideration of the mutual terms, conditions, promises,
covenants and payments hereinafter set forth, the County and the City agree as follows:
ARTICLE 1
DEFINITIONS
1.1 "ADA" shall mean the Americans with Disabilities Act of 1990, as amended.
1.2 "Contractor" shall mean any entity, public or private, providing public transit
services as described in this Agreement under contract to the City.
1.3 "Shuttle" shall mean fixed route or semi-fixed route public transportation
circulator services where at least 700/0 of the route is within the City and said
circulator service is operated by the City, directly or by contract, pursuant to this
Agreement and Chapter 31 of the Code of Miami-Dade County.
1.4 "The County" shall include Miami-Dade County, Miami-Dade Transit, the
Miami-Dade Consumer Services Department, and authorized representatives
thereof.
1.5 "The City" shall mean the City of Aventura and authorized representatives
thereof
1.6 "FDOT" shall mean the Florida Department of Transportation and authorized
representatives thereof.
1.7 "MDT" shall mean Miami-Dade Transit and authorized representatives thereof
1.8 "USDOT" shall refer to the U.S. Department of Transportation, its rules and
regulations, and representatives thereof
1.9 "FTA" shall mean the Federal Transit Administration, its rules and regulations,
and representatives thereof
1.10 "CSD" shall mean the Consumer Services Department of Miami-Dade County
and authorized representatives thereof
1.11 "PTRD" shall refer to the Passenger Transportation Regulatory Division ofCSD.
1.12 "Federal Reporting Requirements" shall mean those requirements referenced in
49 CFR Section 5335(a), as may be amended from time to time, and found in the
National Transit Database Reporting Manual published by the Ff A
1.13 "Fares" for shuttle service shall mean individual transportation fees paid by public
transit passengers in accordance with a schedule of fares adopted by County
Ordinance.
1.14 "STS", Special Transportation Service, is the component of the conventional
transit system designed to provide comparable transit service to disabled
individuals as mandated in the ADA.
ARTICLE 2
GENERAL REQUIREMENTS
2.1 Compliance with Ap,plicable Laws and Regulations. The City and its contractors,
if any, shall comply with all existing and future laws, statutes, ordinances, codes,
rules, regulations, and procedural requirements, whether federal, state, or local,
which are applicable to, or in any manner affect, the provision of the City of
Aventura Shuttle Transportation Services. The City shall be responsible for
ensuring compliance of its employees, contractors, agents, or assigns with all
applicable county, state, and federal requirements, including, but not limited to,
all safety, mechanical, and vehicular standards mandated by MDT and CSD. The
City shall be responsible for obtaining copies of the appropriate laws, regulations,
ordinances, and documents and complying therewith.
2.2 The County RellUlatOlY Requirements. Prior to the commencement of the Shuttle
under this Agreement, the City and/or its contractors, if any, shall have current
and valid certificates of transportation, permits, and chauffeur registrations as
required by Chapter 31 of the Code of Miami-Dade County. The City and its
contractors shall maintain such certificates, registrations and permits current
during the period of this Agreement. In no event shall the City or any of its
contractors provide any transportation services contemplated by this Agreement
until any and all County regulatory requirements are satisfied.
2.3 Vehicle Licensing. All vehicles utilized to provide transportation services shall at
all times be properly licensed and permitted in accordance with applicable federal,
state, and county requirements. Vehicle operators shall comply with all safety,
mechanical, and vehicular standards mandated by any applicable county, state,
and federal requirements including, but not limited to, all safety, mechanical, and
vehicular standards mandated by MDT and CSD.
2.4 Vehicle Standards. Vehicles shall comply with all of the requirements contained
in Chapters 30 and 31 of the Code of Miami-Dade County, pertinent state statutes
and other directives as may be prescribed and required by CSD or MDT. All
vehicles utilized to provide transportation services authorized by this Agreement
shall at all times display a current and valid county permit and shall comply with
safety, mechanical, and vehicular requirements mandated by applicable county,
state, or federal requirements, including ADA.
2.5 Chauffeur Requirements. Vehicle chauffeurs shall at all times have a current and
valid county chauffeur's registration. Vehicle chauffeurs shall also comply with
any safety, mechanical, and vehicle standards mandated by applicable county,
state, and federal requirements and as may be prescribed and required by CSD or
MDT.
2.6 Proof of Compliance Prior to Operation. The City and/or its contractors, if any,
shall provide the County with proof of compliance with licensure, insurance, and
any other requirements mandated by the Code of Miami-Dade County, state
statute, or federal law prior to commencement of the Shuttle.
2.7 Purchase of Services/Sole Responsibility. The parties agree that this Agreement
is a contract for the purchase of transportation services provided by the City for
the benefit of the County. City employees, agents, and contractors providing
transportation services shall be considered to be, at all times, solely employees,
agents, and contractors of the City under its sole direction and not employees,
agents, or contractors of the County.
2.8 Compliance with ADA. The City's Shuttle services shall comply with all
applicable requirements of the ADA. The City and County recognize their joint
obligation to provide STS in the area served by the City's Shuttle. In fulfillment
of the City's obligation, the City hereby contracts with the County to provide STS
services for trips that have both their origin and destination within the City Shuttle
services area, as the County shall continue to provide such trips as part of its STS
service at no cost to the City. To the extent that any terms of this Agreement are
in conflict with the ADA, the requirements of the ADA shall control.
2.9 Compliance with Procurement Requirements. The City agrees to comply with
applicable federal and state procurement requirements, as may be amended from
time to time, when entering into contracts with third parties to fulfill the
obligations under this Agreement.
2.10 County's Right to Submit Prooosals and Bids. The County shall be given the
opportunity to bid upon any Requests for Proposals, Requests for Qualifications,
or Requests for Bids which the City shall issue regarding the provision of
transportation service, and shall be considered, along with private contractors, for
provision of services to be provided by the City pursuant to this Agreement.
2.11 Drug-free Workplace and Testing. In accordance with the Code of Miami-Dade
County, the City shall certifY that it will have a drug-free workplace program.
Further, the City shall require pre-employment drug testing and other periodic
drug testing for all persons holding safety-sensitive positions, as defined by
USDOT, related to transit operations. Effective upon execution of the Agreement,
the City shall require that its employees and contractor, if applicable, comply with
all applicable requirements of the USDOT regulations for drug and alcohol
testing. To the extent that any terms in this Agreement are inconsistent with the
USDOT regulation, the requirements of the USDOT shall control.
2.12 City Representative. The City shall designate individual(s) to act as liaison to the
County and notifY the County thereof The City shall promptly notifY the County
of any changes.
2.13 County ReDresentative. The County shall designate individual(s) to act as liaison
to the City and notify the City thereof. The County shall promptly notify the City
of any changes.
2.14.1 Amendments or modifications. Unless provided otherwise elsewhere in this
Agreement, amendments and modifications to this Agreement must be in writing
and shall require the signatures of the County Manager and the City Manager, or
their designees, subject to authorization by their respective Boards.
Notwithstanding the foregoing, amendments to this Agreement regarding
alignments, schedules, and fares, as described in Section 2-150 (c) of the Miami-
Dade County Code, may be approved by the County Manager and the City
Manager, or their designees.
ARTICLE 3
CITY OF A VENTURA TRANSPORTATION SERVICES
3.1 Provision of City of Aventura Shuttle Services. The City shall provide public
transportation services on one or more routes within the City of Aventura and
adjacent municipalities as contained in Exhibit "A" and schedules contained in
Exhibit "B", copies of which are attached hereto and made a part thereof. Any
changes to Exhibits" A" or "B" shall be consistent with Chapter 31 of the Code
of Miami-Dade County and be effective only upon the written consent of the
County Manager and the City Manager, or their designees. The City shall not
provide shuttle services on additional routes without approval of the Miami-Dade
County Board of County Commissioners except as described in Section 2-150( c)
of the Code of Miami-Dade County.
3.2 ~. The City shall operate the Shuttle without charging a fare to riders.
Notwithstanding the foregoing, the City may, upon approval of the County
Manager, charge passengers a fare for the use of the Shuttle, in accordance with
public transit fares established by the County, as may be modified from time to
time pursuant to Section 2-150 of the Code of Miami-Dade County. The City
may charge a fare other than a fare established by the County upon approval of
the County as provided in Section 2-150 (c) of the Code of Miami-Dade County.
The City shall accept MDT passes, transfers or identification entitling a passenger
to ride a Metrobus without paying any additional fare.
3.3 Connection and Coordination with County Bus Routes. The Shuttle shall
connect, at a minimum, with regular County Metrobus routes at points where the
routes intersect, merge or diverge, as specified in Exhibit "A". Shuttle operating
schedules shall be coordinated with existing County Metrobus service to the
extent possible.
3.4 Operation of Routes in Their Entirety. The City shall be responsible for ensuring
that Shuttle routes are operated in their entirety with no deviation from the
approved routes and schedules.
3.5 Shuttle Shown on County Bus Schedules. The County shall include the Shuttle
on the County's Transit Map. Such inclusion shall commence with the regular
publication of the County's Transit Map next occurring after commencement of
the Shuttle operations. The County shall also provide information on the City's
Shuttle through MDT's routine and customary public information dissemination
processes, including its transit information telephone service.
3.6 Issuance of Shuttle Schedules. The County shall make available to its Metrobus,
Metrorail, and Metromover passengers maps and schedules provided by the City
to MDT.
3.7 Planning and Scheduling of Shuttle Routes. The County, through the MDT
Director or his designee, may assist the City staff with technical support for
planning and scheduling of Shuttle services.
3.8 Non-Interference and Non-Disturbance. The County and the City hereby
mutually agree not to interfere with or unreasonably impede the free flow of
pedestrian movement or of each other's public transit vehicular traffic or
passengers accessing of egressing Metrobus or Shuttle in-service vehicles.
3.9 Use of Logo. The City may wish to design a logo uniquely identifYing its Shuttle.
If they do so, such logo shall at all times be displayed on the exterior of all
vehicles operating pursuant to the Agreement. The County shall allow the display
of the Shuttle logo on the County's bus stop signs at all stops common to the City
and the County bus routes.
3.10 Bus Stop Signs and Signposts. The City may provide, install, and maintain bus
stop signs and signposts at Shuttle stops along the City's Shuttle routes. In the
event that the City, its contractor, licensee, permittee, or assignee installs Shuttle
sign facilities that can accommodate Metrobus bus stop information, the County
may elect to utilize the City's sign facility to display Metrobus bus stop
information. If such election is made, MDT shall provide to the City the materials
to be displayed on the bus stop sign facility, in the size and format to be specified
by the City, and the City will remove the County's signs and return_the signs to
the County. The City shall be responsible for installing the Metrobus bus stop
information in/on the bus stop sign facility.
ARTICLE 4
RECORDS AND REPORTS
4.1 ReoortiDll Requirements. The City shall collect or assure the collection of all
information required for Federal and State reporting purposes, and shall provide
collected and complied information to the County no less often than quarterly.
The City shall annually prepare and submit audited National Transit Data Base
reports as required by the USDOT and submit to the County a copy of said reports
no later than ninety (90) days after the close of the County's fiscal year.
4.2 Additional Information. The City shall provide additional information and the
Shuttle operations as requested by the County within thirty (30) days, unless a
different time period is agreed upon by the City and the County.
ARTICLE 5
INSURANCE
The parties hereto acknowledge that the City is a self-insured governmental entity subject
to the limitations of Section 768.28, F.S. The City shall institute and maintain a fiscally
sound and prudent risk management program with regard to its obligations under this
Agreement in accordance with the provision of Section 768.28, F.S. The City shall
collect and keep on file documentation of insurance of any and all private providers
operating the City of A ventura Shuttle routes. In the event that the City contracts with a
private vendor for services, the City shall require contractor to meet the insurance
requirements found in Exhibit "C", as a minimum. The City shall further require the
private operator to include the County as a named insured and shall provide the County
with a copy of the insurance policy purchased by any contractor prior to the provision of
Shuttle operations.
ARTICLE 6
INDEMNIFICATION
6.1 The City shall, to the extent permitted by law at all times hereafter, indemnify and
hold harmless the County, and its officers, agents, employees and
instrumentalities from any and all liability, claims, losses, and causes of action,
including attorneys' fees and costs of defense which the County or its officers,
employees, agents or instrumentalities may incur as a result of claims, demands,
suits, causes of actions or proceedings of any kind or nature arising out of, or
relating to or resulting from the negligence of the City and/or its officers,
employees, agents or instrumentalities, during the term of and relating to this
Agreement. The City shall pay all claims and losses in connections therewith,
and shall investigate and defend all claims, suits or actions of any kind or nature
in the name of the County, where applicable, including appellate proceedings, and
shall pay all costs, judgments and attorneys' fees which may issue thereon. The
City expressly understands and agrees that any insurance protection required by
this Agreement or otherwise provided by the City shall in no way limit the
responsibility to indemnify, keep and save harmless and defend the County or its
officers, employees, agents or instrumentalities as herein provided. Nothing
herein shall be deemed to indemnify the County from any liability or claim
arising out ofthe negligent performance or failure of performance ofthe County,
its officers, employees, agents or instrumentalities or any other related third party.
This paragraph is subject to the limitations of Section 768.28, F. S.
6.2 In the event the City contracts for transportation services authorized by this
Agreement, the contractor shall, in its contract with the City, be required to
indemnify and hold harmless the County, and its officers, agents, employees and
instrumentalities from any and all liability, claims, liabilities, losses, and causes of
action, including attorneys' fees and costs of defense which the County or its
officers, employees, agents and instrumentalities may incur as a result of claims,
demands, suits, causes of actions or proceedings of any kind or nature arising out
of, or relating to or resulting from the provision of transportation services by the
contractor and/or its officers, employees, agents or independent contractors. The
contractor shall be required to pay all claims and losses in connection therewith,
and shall investigate and defend all claims, suits or actions of any kind or nature
in the name of the County, where applicable, including appellate proceedings, and
shall pay all costs, judgments and attorneys' fees which may issue thereon. The
City shall require that the contract between and City and the contractor include a
provision which states that the contractor expressly understands and agrees that
any insurance protection required by this agreement or otherwise provided by the
contractor shall in no way limit the responsibility to indemnify, keep and save
harmless and defend the County or its officers, employees, agents or
instrumentalities as herein provided. Nothing herein shall be deemed to
indemnify the County from any liability or claim arising out of the negligent
performance of the County, its officers, employees, agents or instrumentalities or
any other related third party.
ARTICLE 7
FINANCIAL ASSISTANCE
7.1 Grant Matching Funds. The City shalL at its sole option, provide grant-matching
funds for state and/or federal grants for capital or operating funds to be used for
the Transportation Services. The County, upon agreement with the City, may, but
shall not be required to provide all or part of cash or other types of matches
required for state and federal grants which may be received by the City for the
Shuttle, or for expansion of the Shuttle, in 2003 and future years.
7.2 Bus Shelters and Benches. The City shall, at its sole option, provide, install, and
maintain bus shelters, benches and other bus stop furnishing at those Shuttle stops
along the City's circulator routes where the City, or its contractor, feels that there
is a need for such furnishings.
7.3 Bus StODS and Bus Bays or Pull-outs. The City shall, at its sole option, provide,
install, and maintain bus stop sites, including bus bays or pull-outs at Shuttle stops
along the City's circulator routes, provided that any proposed bus bays or pull-
outs and any proposed modifications or reconfigurations to existing bus bays or
pull-outs shall be first reviewed and approved by the County.
7.4 Comparable Agreements. In the event that the County enters into an Interlocal
Agreement with any other municipality for transit services which are comparable
to the services provided herein, but upon more favorable terms for the
municipality than the terms provided herein, County agrees to amend this
Agreement, if requested by the City, to provide substantially equivalent favorable
terms to the City as those provided in such other County/Municipal Interlocal
Agreements~
ARTICLE 8
TERMS, MODIFICATIONS AND MISCELLANEOUS PROVISIONS
8.1 Term of Allfeement. This Agreement shall commence upon approval of the
Board of County Commissioners and the City Commission of the City of
Aventura and the execution by the County Manager and authorized City Manager
and shall remain in force for five years thereafter. This Agreement is subject to
three one-year options to renew, by agreement between the County Manager and
the City_Manager.
8.2 RenelZotiation or Modification. Any substantive changes in the level of service to
be provided by the City as set forth herein shall only be implemented after the
County and the City have entered into a written agreement describing the changed
services and the provisions of the County Code have been exercised.
8.3 Title VI and VII Civil Rights Act of1964. The City and its Contractors shall not
discriminate against any person because of race, color, sex, religious background,
ancestry or national origin in the performance of the Agreement.
8.4 Termination for Cause. This agreement may be terminated for cause by either
party upon no less than thirty (30) days written notice to the other party, except
when Shuttle operations are in violation of health and/or safety-related provisions
of state statutes or the Code of Miami-Dade County, in which case termination
shall be as determined by the County Manager. Said notice shall be delivered by
verified facsimile transmission or certified mail, return receipt requested. The
noticed party shall have the opportunity to cure any stated cause for termination
within the notice period, in which case the terminating party may cancel the
termination notice using the same means by which the notice of termination
delivered.
8.5 Termination without Cause. The County or the City may terminate this
Agreement without cause upon no less than sixty (60) days written notice to the
other party. If the County or the City terminates this Agreement with or without
cause, the City agrees to reimburse the County on a prorated basis for financial
assistance it has received for the year.
8.6 Notices. All notices and other communications required to be remitted pursuant to
this Agreement to either party hereto shall be in writing and shall be delivered by
verified facsimile transmission or certified mail, return receipt requested, to the
parties at the address indicated below:
FOR MIAMI-DADE COUNTY:
Miami-Dade Transit
111 N.W. 1st Street Suite 910
Miami, FL 33128
Attention: Director, Miami-Dade Transit
Fax: (305) 375-4605
FOR CITY OF A VENTURA:
City of Aventura
19200 W. Country Club Drive
Aventura, Florida 33180
Attention: City Manager
Fax: 305-466-8939
8.7 Name ofP~ee. The name of the official payee to whom the County shall issue
checks shall be the City of A ventura.
8.8 Complete and Binding Agreement. This writing embodies the full and complete
agreement of the parties. No other terms, conditions or modifications shall be
binding upon the parties unless in writing and signed by the parties.
8.9 Execution. This document shall be executed in four (4) counterparts, each of
which shall be deemed an original.
8.10 Governing Law. This Agreement shall be construed in accordance with the laws
of the State of Florida.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by
their respective and duly authorized officers the day and year first above written;
ATTEST:
By:
By:
Teresa M. Soroka, CMC
CITY CLERK
ATTEST:
HARVEYRUVIN, CLERK
By: :
DEPUTY CLERK
Approved by County Attorney as
to form and legal sufficiency
CITY OF A VENTURA
a Municipal Corporation of
the State of Florida
Eric M. Soroka, ICMA-CM
CITY MANAGER
DADE COUNTY, a political
subdivision of the State
of Florida
By Its Board of County
Commissioners
By:
STEVE SliVER
COUNTY MANAGER
EXHIBIT "A"
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EXHIBIT "e"
CITY OF AVENTURA
REQUEST FOR BIDS FOR
MUNICIPAL TRANSIT SERVICE
610#-02-11-12-2
This is not an Order
GENERALCONDrnONS
4.1: UABrnLnY, INSURANCE, LICENSES & PERMITS: Where bidders are required to
enter onto City of Aventura property or public right of way to deliver materials or to
perform work or services as a result of a bid award, the bidder will assume the full
duty, obligation, and expense of obtaining all necessary licenses, permits, Inspections,
and insurance required. The bidder shall be liable for any damages or loss to the city
occasioned by negligence of the bidder (or his agent) or any person the bidder has
designated in the completion of this contract as a result of the bid. Contractor shall be
required to furnish a certified copy of all licenses, certificates of competency or other
licensure requirements necessary to perform services hereunder as required by Florida
State Statute, Florida Building Code, Miami-Dade County, or City of Aventura Code, if
any. These documents shall be furnished to the City along with the bid response.
Failure to furnish these documents or to have required licensure will be grounds for
rejecting the bid and forfeiture of the bid bond.
4,1.2: The Vendor shall furnish to the Finance SUpport services Director, City of
Aventura, 19200 Country Club Drive, Aventura, FL 33180, certificate(s) of insurance
which indicate that insurance coverages comply with Section 13.1 under Special
Conditions of this bid.
4,1.3: COUNTY LICENSE: No bid may be submitted or awarded unless the bidder has a
MIAMI-DADE County License for the operation of a Passenger Motor Carrier.
BIDDER'S NAME:
COMPANY NAME:
II
AGENDA ITEM 6-E
RESOLUTION NO. 2003-_
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, APPROVING THE
APPOINTMENT OF MEMBERS TO THE CITY OF
AVENTURA COMMUNITY SERVICES ADVISORY BOARD
FOR A ONE-YEAR TERM; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Section 2-121 of the Aventura City Code provides for the creation of
the Community Services Advisory Board; and
WHEREAS, the term of office for Board members appointed to one-year terms
expired on November 6, 2002; and
WHEREAS, in accordance with the provisions of Section 3.11 of the Aventura
City Charter, the City Commission wishes to provide for approval of the Mayor's
appointment of members to the Community Services Advisory Board.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City Commission hereby approves the appointment by the
Mayor of the following individuals to serve as members of the Community Services
Advisory Board for a term of one year:
Robert Diamond
Patricia Crook Frank
Ginger Grossman
Julie Israel
Shirlee Levin
Marian Nesbitt
Michael Stern
Section 2. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner
who moved its adoption. The motion was seconded by Commissioner
and upon being put to a vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner Jay R. Beskin
Resolution No. 2003-_
Page 2
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Patricia Rogers-Libert
Vice Mayor Harry Holzberg
Mayor Jeffrey M. Perlow
PASSED AND ADOPTED this ih day of January, 2003.
JEFFREY M. PERLOW, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
Itms
AGENDA ITEM 6-F
RESOLUTION NO. 2003-_
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA AMENDING
RESOLUTION NO. 2001-76, AS AMENDED BY
RESOLUTION 2002-01 WHICH APPROVED
APPOINTMENT OF MEMBERS TO THE CITY OF
AVENTURA COMMUNITY SERVICES ADVISORY BOARD
BY AMENDING SECTION 2 IN ORDER TO FILL A
VACANCY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Section 2-121 of the Aventura City Code provides for the creation of
the Community Services Advisory Board; and
WHEREAS, in accordance with the provisions of Section 3.11 of the Aventura
City Charter, the City Commission wishes to provide for approval of the Mayor's
appointment of members to the Community Services Advisory Board; and
WHEREAS, there presently exists a vacancy in the thirteen-member Board due
to the death of Ted Cohen; and
WHEREAS, this Commission wishes to promptly fill that vacancy.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City Commission hereby approves the appointment by the
Mayor of Randi Rapp to serve as a member of the Community Services Advisory Board
to fill the vacancy created by the death of Ted Cohen.
Section 2. Section 2 of Resolution No. 2001-76, as amended by Resolution No.
2002-01 is further hereby amended to read as follows:
The City Commission hereby approves the appointment by
the Mayor of the following individuals to serve as members
Resolution No. 2003-_
Page 2
of the Community Services Advisory Board for a term of two
years:
Deborah Carr
T 98 Cet-l9A
Manuel Grife
Larry Orenstein
Randi Raoo
Phillip Sturtz
Madeline Zern
Section 3. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner
who moved its adoption. The motion was seconded by Commissioner
and upon being put to a vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Patricia Rogers-Libert
Vice Mayor Harry Holzberg
Mayor Jeffrey M. Perlow
PASSED AND ADOPTED this 7th day of January, 2003.
JEFFREY M. PERLOW , MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
CITY OF AVENTURA
FINANCE SUPPORT SERVICES DEPARTMENT
MEMORANDUM
FROM:
TO: City Commission
BY: ort Services Director
DATE: December 17, 2002
SUBJECT: End of Year Amending Ordinance
1 st Reading January 7, 2003 City Commission Meeting Agenda Item ~ 6r
2nd Reading February 4, 2003 City Commission Meeting Agenda Item
Recommendation
It is recommended that the City Commission approve the attached ordinance amending
the 2001/2002 budget.
Backaround
As you are aware, we are in the process of closing the books for the 2001/2002 fiscal
year. We are now to the point where we can formally amend the budget so that the
adopted budget contains appropriations sufficient to cover all actual expenditures. The
process is called the end of year "clean up" amendment and is done as a matter of
course each year.
General Fund
For the City Commission, the conference/seminar account requires additional funding
primarily because more elected officials attended the Florida League of Cities Annual
Conference than in past years.
For the City Managers office, retirement benefits were miscalculated in the budget and
the cost of health insurance was also understated due to the large increase in premium
effective September 1, 2001.
For Legal, the costs of the 199 Street Railroad Crossing along with higher than
projected cable television legal services caused the budget to be exceeded.
Page (2)
Memorandum to City Commission
Resolution Adopting End of
Year Budget Amendment
For the City Clerk Department, legal advertising was greater than budgeted due
primarily to the amendments to the land use plan and land development regulations.
For the Community Development Department, an increase of $1,004,000 is required
due to the very high level of building activity during the year. This is more than offset by
additional revenue for building permits ($1,900,000).
For Community Services, a total of $660,000 is required to cover actual expenditures.
The vast majority of this amount was due to taking over maintenance of new and
improved roadways and green spaces once capital projects were completed during the
latter part of the 2000/01 fiscal year and throughout the 2001/02 year. In addition,
shuttle bus service was increased due to demand for such services. Health insurance
increases in September 2001 and improvements in special events also contributed to
the need for additional funding.
For Non-Departmental, total expenditures were approximately $235,000 greater than
budgeted. A portion of this shortfall was due to higher than projected electric bills for
the Government Center. In addition, liability and property insurance costs were
signicantly greater than anticipated due to high audit premiums from prior years plus
higher rates and experience ratings than were projected when the budget was
prepared.
The Finance Support Services and Police Department budgets were underspent and
were used to fund a portion of the shortfall.
In order to cover the balance of overexpenditures, we are recognizing a portion of the
excess over budget for building permits. The amount included in the budget
amendment is only the amount necessary to offset the overexpenditure. Since actual
revenues from building permits exceeded the budget by more than $1,900,000 and
actual revenues in other accounts also exceeded budget, the projected fund balance of
$7,500,000 included in the 2002/03 budget will be exceeded. Tharefore, this
amendment will not negatively impact future years' budgets or capital programs.
HMKlmn
ORDINANCE NO. 2003-_
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF AVENTURA' FLORIDA, AMENDING ORDINANCE
NO. 2001-13, WHICH ORDINANCE ADOPTED A BUDGET
FOR THE 2001/2002 FISCAL YEAR BY REVISING THE
2001/2002 FISCAL YEAR OPERATING AND CAPITAL
BUDGET AS OUTLINED IN EXHIBIT "A" ATTACHED
HERETO; AUTHORIZING THE CITY MANAGER TO DO
ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF
THIS ORDINANCE; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, upon the periodic review and analysis of current budgetary
commitments and obligations, and based upon the projected needs and requirements
of the City and upon the recommendations of the City Manager (and the concurrence of
the Finance Support Services Director as to Accounting Principles), it is deemed
necessary to adjust, amend and implement the 2001/2002 Operating and Capital
Budget as set forth in Exhibit "A" attached hereto and made a part hereof.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. The recitals contained in the preamble to this Ordinance are
incorporated by reference herein.
Section 2. The City Commission hereby authorizes the amendment of
Ordinance No. 2001-13, which Ordinance adopted a budget for the 2001/2002 fiscal
year, by revising the 2001/2002 budget as set forth on the attached Exhibit "A", which
exhibit is deemed incorporated by reference as though set forth in full herein.
Ordinance No. 2003-_
Page 2
Section 3. The City Manager is hereby authorized to do all things necessary to
carry out the aims of this Ordinance.
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. This motion was seconded by Commissioner
, and upon being put to a vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Patricia Rogers-Libert
Vice Mayor Harry Holzberg
Mayor Jeffrey M. Perlow
The foregoing Ordinance was offered by Commissioner
who moved its adoption on second reading. This motion was seconded by
Commissioner
and upon being put to a vote, the vote was as
follows:
Commissioner Arthur Berger
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Patricia Rogers-Libert
Vice Mayor Harry Holzberg
Mayor Jeffrey M. Perlow
PASSED AND ADOPTED on first reading this 7th day of January, 2003.
2
Ordinance No. 2003-_
Page 3
PASSED AND ADOPTED on second reading this 4th day of February, 2003.
JEFFREY M. PERLOW, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
tms
3
General Fund - 001
Exhibit A
REVENUES
I ....._ & PermIts
3221000 IlulIdIng __
SUBTOTAL
Total Amendment Revenues
EXPENDITURES
CItv C-... '-_&.on
1410 eon_&_
...-
2201
2301
CIIY_
--
_, Ufe& Dl..-y InL
SuIltolal
....
3120 l.eglIIF_
1101 ~
Sulltolal
CItv Clerk
4811 l.eglIIAdvwtlIlng
Su_
1201
1401
2201
2101
4001
.....
1120
1420
MIO
Finance SIInftIVt ServIces
_&Wages
0VllrGM
......sIon
1Il-..,Au;menl Comp
T......
R & M 0IlIce EquIpment
Computer Op......IIII SUpplies
eon_&-...
TI'8InIng
11-
718.aoo
1,IOO.aoo
2,218,000
'".''I''I''I'I:''I''I':':ij'.'''''::'''''''
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27,724
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.-
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"'".,[::[!!,;: ,_ ,r _ .. j:
General Fund - 001 (Continued)
EXPENDITURES (Continued)
---
1201 _w_
8u_
CommunItv Dev.doc..~
3101 BuIldIng InspedkHl8ervices
su_
CommunItv 8ervIces
2301 _. life & DIsabHIIIy Ins. 48,327.00 10.000 .,327
3110 Enak*rina 7..000 10.000 1".000
3410 L.IndsclIpe/T.... Malnt. 1,281.000 170.000 1,431.000
:\411 BNulIftc:atIan/ 33,100 40,000 73,100
:l48I r..........,- 8ervices 280.000 24,000 304,000
4101 EIoclrk: ',000 10.000 11,000
4311 u_.. _Llghts 11,000 30.000 11'.000
4320 UtIIftlH.W_ 130.000 110.000 210,000
....1 R&M~ 30.000 70.000 100,000
- 8pec11/ _ 11,000 10,000 121.000
1220 Go & 011 4,000 1,000 10,000
8uIIlcUI 'p
Non.......................
4301 Electric: 11',000 31,000 110,000
4101 u.bIllly & Property Ins. 211.000 200,000 481,000
8ublo1al il.
c....-.. Depo_1
.... c.pb1 "-ve .,n1.... 031.,000 1,101,1.
I;"
Total Amendment-&penditures
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
DATE:
City Commission . f"
Eric M. Soroka, ICMA-CM, City rar
December 16, 2002
TO:
FROM:
SUBJECT:
Ordinance Amending 2002/03 FY Budget to Revise Fund 120-
Transportation and Street Maintenance Fund and Reappropriate
Capital Projects
1st Reading January 7,2003 City Commission Meeting Agenda Item 'H--
2nd Reading February 4, 2003 City Commission Meeting Agenda Item
RECOMMENDATION
It is recommended that attached budget amendment for 2002/03 FY be adopted by the
City Commission to amend Fund 120 to revise the title of the Fund to account for new
revenues and expenditures associated with the recently passed County Transit System
Surtax of V2 % sales tax increase for transportation and to reappropriate two capital
projects from the prior fiscal year.
BACKGROUND
A. Transportation and Street Maintenance Fund
As you are aware, this past November the voters approved a Y2 % sales tax
increase to fund transportation improvements. The tax will be in effect on
January 1, 2003. As part of the People's Transportation Program, the cities
in Miami-Dade County will receive 20% of the proceeds for transit
enhancement projects. It is estimated that the City of Aventura will receive
$735,248 annually. However, for this fiscal year, the proceeds are estimated
to be $350,000 based on half-year implementation.
Based on the fact that the proceeds are restricted to certain transportation
expenses, the revenues and expenditures will be accounted for in the newly
revised Fund 120 entitled ''Transportation and Street Maintenance Fund",
formally entitled "Street Maintenance Fund", Furthermore, 20% of the City's
share must be used for transit such as bus services, bus pullout bays,
shelters and any other transit-related infrastructure. The funds can only be
Memo to City Commission
Page 2
utilized for new programs and capital projects beyond those previously
funded in FY 2001/02.
It is proposed that the $350,000 be budgeted as follows:
a. Enhance transit services beyond levels set in the 2001/02 budget. This
would fund the increase in the new bus service bid along with increase in
services scheduled during the year - $70,000.
b. Partially fund Country Club Drive road resurfacing and street lighting -
$280,000.
B. Reappropriate Capital Proiects
In addition, the following capital projects that were not completed in 2001/02
should be reappropriated in this fiscal year.
1. General Fund - Country Club Drive Improvements - $1 ,400,000.
2. 2000 Construction Loan Fund - Waterways Park Land Acquisition
$4,000,000.
If you have any questions, please feel free to contact me.
EMS/aca
Attachment
CC01139-02
ORDINANCE NO. 2003"_
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE
NO. 2002.24 WHICH ORDINANCE ADOPTED A BUDGET
FOR THE 2002/2003 FISCAL YEAR BY REVISING THE
2002/2003 FISCAL YEAR OPERATING AND CAPITAL
BUDGET AS OUTLINED IN EXHIBITS "A" AND "B"
ATTACHED HERETO; AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS NECESSARY TO CARRY
OUT THE AIMS OF THIS ORDINANCE; PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, upon the periodic review and analysis of current budgetary
commitments and obligations, and based upon the projected needs and requirements
of the City and upon the recommendations of the City Manager (and the concurrence of
the Finance Support Services Director as to Accounting Principles), it is deemed
necessary to adjust, amend and implement the 2002/2003 Operating and Capital
Budget as set forth in Exhibits "A" and "B" attached hereto and made a part hereof.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. The recitals contained in the preamble to this Ordinance are
incorporated by reference herein.
Section 2. The City Commission hereby authorizes the amendment of
Ordinance No. 2002-24, which Ordinance adopted a budget for the 2002/2003 fiscal
year, by revising the 2002/2003 budget as set forth on the attached Exhibits "A" and
"B", which exhibits are deemed incorporated by reference as though set forth in full
herein.
Ordinance No. 2003-_
Page 2
Section 3. The "Street Maintenance Fund 120" is hereby replaced by the
"Transportation and Street Maintenance Fund 120" as outlined in Exhibit "A".
Section 4. The City Manager is hereby authorized to do all things necessary to
carry out the aims of this Ordinance.
Section 5. Effective Date. This Ordinance shall be effective immediately
upon adoption on second reading.
The foregoing Ordinance was offered by Commissioner
, who
moved its adoption on first reading. This motion was seconded by Commissioner
, and upon being put to a vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Patricia Rogers-Libert
Vice Mayor Harry Holzberg
Mayor Jeffrey M. Perlow
The foregoing Ordinance was offered by Commissioner
, who moved its adoption on second reading. This motion was
seconded by Commissioner
and upon being put to a vote, the
vote was as follows:
Commissioner Arthur Berger
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Patricia Rogers-Libert
Vice Mayor Harry Holzberg
Mayor Jeffrey M. Perlow
2
Ordinance No. 2003-_
Page 3
PASSED AND ADOPTED on first reading this 7th day of January, 2003.
PASSED AND ADOPTED on second reading this 4th day of February, 2003.
JEFFREY M. PERLOW, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
tms
3
\\ "
!:.JCh.b,-r A
CITY OF AVENTURA
1'IWtI8fIlORTA1lONlIllltmr .tIi\lN.,etMeE fUND 12ft
CATEGORY SUMMARY
2002103
. . ...... ......1..... .
This fund was established to account for restricted revenues and expenditures which by
State Statute and County Transit System Surtax Ordinance are designated for
transportation enhancements, street maintenance and construction costs. Expenditures
will either be accounted for in the General Fund by designating specific expenditure
accounts in the Community Services Department and the Capital Improvement Program or
in this fund by designating specific Capital projects.
os_r
COOl
. CATlI DR"
310000131.... Locally Levied Taxes
3200001328888 Licenses & Pennits
330000133..88 Intergovemmental Rev.
340000I348888 Charges for Services
3&00001368..8 Fines & Forfeitures
380000/368888 Misc. Revenues
3800001388888 Transfer from Funds
388800/3888" Fund Balance
REVENUE PROJECTIONS
.... .1...1 _. ....
MmML A/mlIlL AI! Il~ CI1YlWaf L
_1118 __ ~ MCJIIIOUL
0 0 0
0 0 0
488,_ &17,&&4 &32,000
0 0 0
0 0 0
8,778 1&,888 7,&00
0 0 0
133,314 238,"1 180,000
o
o
886,000
o
o
7,100
o
20,000
....
CCTUIIIIIIQlII
MIJ.l<l.:N.
o
o
886,000
o
o
7,100
o
20,000
l'lUUI
ClClllUO.
1000/2888
300013888
4000/48..
1000/&388
.....,,_..,.
.......... ~,.
Personal Services
Contractual Services
Other ChargeslSvcs
Commodities
Other
EXPENDITURES
111...1 UtI.t
A/mlIlL. .....
__ I..n.
liilIlI4llllllD crrt ~...' L
....,. ~
0 0 0 0
0 0 0 0
0 0 0 0
0 0 0 0
.....
UIIIUIUIIlW
/l:.u.....NAL
o
o
o
o
FinlIl1Iudgel2OO2lO3
Page 1
CITY OF AVENTURA
'tfWf8IIiORTA1'tOH tfJ\lD'fW5f OI'df\"UANCE'UND 120
2002103
086'
CODE' .....,.
REVENUE PROJECTIONS
.Im" nnll1 __ __
.,... . Mri'UN. ..41,ti._ Cl1'Y I\WU\rT .
..- 1IllIIirB.. 911_ ....~nl
--
CION' - Of lei
-..-"'&
Interaoverrmenlal Revenues
3351200 State Revenue Sharing $ 118,114 $ 113,147 $ 118,000 $ 118,000 $ 118,000
3383001 Locel Option Cap. Impr. Gas Tax 113,871 118,_ 127,000 130,000 130,000
3353010 Local Option Gas Tax 288,203 284,808 280,000 301,000 301,000
Misc. Revenues
3811000
Non -Revenue
3888000
Final Budgel2OO2I03
"-2
08JICT
CQDI
3418
B318
9117
CITY OF AVENTURA
~ORtA1ION MOI'I'fIl&lMMl1'&NANeE fUND 128
">,\'>''-.,:'':i'':'_)
. .... .,.,.,........,
.....-
~'t~,~,
,
OPERATING
Conmunllv ServIces " 80-672
Enhanced Transit Services
CAPITAL OUTLAY
Conmunllv Services " 80-672
Country Club Ollv.lmprovements
TRANSFERS
Transf8r to General Fund
EXPENDITURES
. I~.'", .....
...w .tilmMt
.....!flII!. RI\1II"
o
$
__ IU....
.... UIIO.lID CITUWlr IIlll
_ IIIlOIlotAL
o
o
$
372,000 $ 113,000 $ 729,800
70,000
280,000 $
873,000
....
OO:w -. 1M
~,,'!...JVAL
70,000
290,000
873,000
Final Budgel2002/03
P_3
RIlIENUI.MOJ&l1.ItoN RATIOtf~11
3351200 State Revenue Proceeds - Revenue received in this category represents a
portion of the total State Revenue Sharing Funds. Their source is the motor fuel
tax and is restricted to road construction and maintenance. Based on information
from the State, it is anticipated that $115,000 will be received in the upcoming
fiscal year.
3353001/ Local Option Gas Tax - The County has adopted two phases of the local option
010 gas tax. The first phase is six cents per gallon on fuel and is collected by the
State's Department of Revenue and remitted monthly based on a formula which
provides a weight of 75% to population and 25% to center line mileage in each
city. These funds must be used for transportation related expenditures. The
second phase must be used for transportation expenditures needed to meet the
requirements of the capital improvements elements of an adopted
comprehensive plan.
County Transit Svstem Surtax - County voters approved a 1/2 percent sales tax
increase for transportation needs that goes into effect January 2003. As
provided by County Ordinance the cities receive 20% of the proceeds based
upon population. Based on information provided by the County is anticipated
EXPENDITURE
3455 Enhanced Transit Services - Funds will be used to fund required 20% of County
Transit System Surtax for enhanced public bus transportation system beyond
levels set in the 2001/02 budget.
6316 Countrv Club Drive Improvements - Funds will be used to assist in funding the
improvements which include resurfacing, curbing, street lighting, landscaping
and irrigation.
9101 Transfer To General Fund - After the budget is reviewed, specific expenditure
accounts in the Community Services Department and the Capital Improvement
Program will be designated as funded from this fund. Although we will account
for these expenditures within the General Fund, transfers will be made once per
month from the Street Construction and Maintenance Fund to the General Fund
to reimburse the General Fund for actual expenditures made from these
designated expenditure accounts.
Final BucIget 2002103
Poge 4
cf' h,.!..:t- I'"b I'
Budget Amendments
2000 Loan Construction Fund 340
..,.
...'
'...-::........:<.':......<,.:.'
.:<,..:i:>:"'/',:"
',.....,,'...,.::.'.';.....':'\.,.::::.:
.1'$OIu '
.....
ADOIIt.ID
, '!III' .
"c".".,.,,,:;,;.,
--
AmENDeD
~
Revenues
Non -Revenue
3999000 Carryover
SUBTOTAL
o
4,000,000
"'OOO.-
I
:":,,.,.1:';;:;;"
Expenditures
CommunitY Services
6203 Waterways Park
SUBTOTAL
.....
JlUMiED
fJUDrlET
. ~.o:.o:.o
$: '.
4,000,000 4,000,000
""'_.- "$ ~_..-
......... ...........-
Total Amendments.
$4,__
::r ....,.
GENERAL FUND 001
IlI1iU
MoIiUilO
~J
JOIIIIQI
ill. ~
AMOUNT
Revenues
Non -Revenue
3999000 Carryover
SUBTOTAL
7,500,000
:~,.r'!~
1 400,000
'~li!!!!
Expenditures
Community Services
6316 Country Club Drive ImproVl
SUBTOTAL ,"11'"
~
1 ,400,000
$1'-..
$1'-.010
Total Amendments-
Final Budgel2OO2I03
Page 1
1I.2IU
lIEIlIlFe
IIUDGET
,
8,900,000
. ...... .:
1,400,000
$ 1......010
CITY OF AVENTURA
COMMUNITY SERVICES DEPARTMENT
MEMORANDUM
TO:
FROM:
BY: s Manager t1...f::f
DATE: December 27,2002
SUBJECT: Bid No. 02-12-23-10, Country Club Drive Roadway Resurfacing and
Street Lighting Improvements
January 7, 2003 City Commission Meeting Agenda Item " - X
Recommendation
It is recommended that the City Commission adopt the attached Resolution awarding
Bid No. 02-12-23-10, Country Club Drive Roadway Resurfacing and Street Lighting
Improvements to the lowest responsible and responsive bidder, Southeastern
Engineering Contractors, Inc. for the price of $1,765,153.16. This project is included in
the Capital Improvements Program.
Backaround
In accordance with the City's Purchasing Ordinance, bids for this project were solicited,
advertised, and opened on December 23, 2003. The City received three (3) bids for this
project. The bids submitted are as follows:
Southeastern Engineering Contractors, Inc.
APAC-Florida, Inc.
MEF Construction, Inc.
$1,765,153.16
$1,776,056.33
$2,172,011.98
This bid price provides for the installation of decorative street lighting, roadway
resurfacing, placement of irrigation conduit under all existing driveways and medians,
and concrete curbing of medians, for East, West and North Country Club Drives. In
order to realize a cost savings, the street lights have been previously purchased by the
City directly from the vendor at a cost of $455,092.
The bids were higher than anticipated by the City Engineer's original estimate due to
the following project additions:
. Curbing of median areas required by the placement of the street lights in the
median. ($277,000)
. Addition of Country Club Drive area from Causeway to NE 190th street to include
street lighting and curbing. ($78,000)
Landscaping and irrigation will be bid separately and is scheduled for award at the
February Commission Meeting.
This project of the project is scheduled for completion in July 2003.
Original Project Budget:
Budget Amendment
Less Bid Award and Street Lights
Amount Remaining
$2,300,000
285,000
(2.220.245.16)
$364,754.84
RESOLUTION NO. 2003-_
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT
FOR BID NO. 02-12-23-10, COUNTRY CLUB DRIVE ROADWAY
RESURFACING AND STREET LIGHTING IMPROVEMENTS, TO
SOUTHEASTERN ENGINEERING CONTRACTORS, INC. AT THE BID
PRICE OF $1,765,153.16. AUTHORIZING THE CITY MANAGER TO
EXECUTE ASSOCIATED CONTRACTS; AUTHORIZING THE CITY
MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO
CARRY OUT THE AIMS OF THIS RESOLUTION; PROVIDING FOR THE
APPROPRIATION AND ALLOCATION OF FUNDS FOR SAID BID
AWARD; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Manager of the City of Aventura, Florida, has, pursuant to
the various laws of the State of Florida and the Code of the City of Aventura, properly
solicited and accordingly accepted bids for BID NO. 02-12-23-10, Southeastern
Engineering Contractors, Inc.; and
WHEREAS, sealed bids have been submitted to and received by the City
pursuant to the City's Invitation to Bid/Notice to Bidders, specifications, proposals, and
requirements for the project/work as cited above; and
WHEREAS, staff has determined that Southeastern Engineering Contractors,
Inc., has submitted the lowest responsible and responsive bid for said project/work; and
WHEREAS, the City Commission, upon the recommendation of the City
Manager, is therefore desirous of awarding said bid/contract to said lowest responsible
and responsive bidder;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA:
Section 1: That bid/contract for BID NO. 02-12-23-10, Country Club Drive
Resolution No. 2003-_
Page 2
Roadway Resurfacing and Street Lighting Improvements, is hereby awarded to
Southeastern Engineering Contractors, Inc. in the amount of $1 ,765,153.16.
Section 2: The City Manager is hereby authorized to execute, on behalf of the
City, a contract by and between the parties embodying the terms, conditions,
specifications as set forth in the subject Invitation to Bid/Notice to Bidders, bid
specifications, bid proposal and bid requirements, or if a City prepared contract was
part of said bid proposal, said parties shall execute said prepared contract on behalf of
the City.
Section 3: That the City Manager is hereby authorized and requested to take
all necessary and expedient action to carry out the aims of this Resolution in awarding
this bid/contract.
Section 4: That the funds to be allocated and appropriated pursuant hereto
and for the purpose of carrying out the tenets of this Resolution shall be from
Community Services Budget Line Item Numbers 001-8050-541-6316. .
Section 5: This Resolution shall be effective immediately upon its adoption.
'The foregoing resolution was offered by Commissioner , who
moved its adoption. The motion was seconded by Commissioner
and upon being put to a vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Patricia Rogers-Libert
Vice Mayor Harry Holzberg
Mayor Jeffrey M. Perlow
Resolution No. 2003-_
Page 3
PASSED AND ADOPTED this 7th day of January, 2003.
JEFFREY M. PERLOW , MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
I
I
SECTION 00410
BID FORiVI
I
THIS BID IS SUBMITTED TO:
City of Aventura
19200 West Country Club Drive
Aventura, Florida 33180
BID FOR: Country Club Drive Roadway Improvements
BID :-';0: 02-12-23.10
.
I
The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an agreement with The City
of Aven~Jra in the form included ill the Contract Documents to perform and furnish all Work as specified or
Indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in thiS Bid and
in accordance with the other terms and conditions of the Contract Documents.
(d BIDDER has reViewed and checked all information and data shown or mdicated on the Contract
Documents with respect to existing Underground Facilities at or contiguous to the site and
assumes responsibility for the accurate location of said Underground Facilities, No additional
examinations, investigations, explorations, tests, reports or similar information or data in respect
COUnlry Club Drive Roadway Improvements
City of Avenrura Bid No. 02-12-23-10
CT&A Project No. 01-0103.011
I
I
I
I
(a)
.
I
(Ii)
.
(e)
.
(d)
.
I
.
I
.
-
BIDDER accepts all of the terms and conditions of the Advertisement or Invitation to Bid and
Instructions to BIDDER'S, including without limitation those dealing with the disposition of Bid
Security This Bid will remain subject to acceptance for 180 days after the day of Bid opening. BIDDER
agrees to sign and submit the Agreement with the Bonds and other documents required by the Bidding
Requirements within ten days afterthe date of City's Notice of Award.
In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement, that
BIDDER has examined copies of all the Bidding Documents and of the following Addenda
(receipt of all which is hereby acknowledged.)
Addendum No. / Dated: /% /~7 #2-
Addendum No. Z Dated: /;Z./7.D/o2-
Addendum :-';0. Dated:
Addendum No, Dated:
BIDDER has familiarized themselves with the nature and extent of the Contract Documents.
Work, site, locality, and all local conditions and Law and Regulations that in any manner may
affect cost, progress, performance or furnishing of the Work,
BIDDER has studied carefully all reports and drawings of subsurface conditions and drawings of
physical conditions.
BIDDER has obtained and carefully studied (or assumes responsibility for obtaining and
carefully studying) all such examinations, investigations, explorations, teslS and studies (in
addition to or to supplement those referred to in (c) above) which pertain to the subsurface or
physical conditions at the site or otherwise may affect the cost, progress, performance. or
fumishmg of the Work at the Contract Pnce, within the Contract Time and in accordance with
the other terms and conditions of the Contract Documents, and no additional examinations,
investigations. explorations, tests, reports or similar information or data are or will be required by
BIDDER for such purposes,
00410 - 1
I'
I
I
~
of said Underground Facilities are or will be required by BIDDER in order to perfonn and
furnish the Work at the Contract Price, within the Contract Time and in accordance with the
other tenns and conditions of the Contract Documents.
(I)
BIDDER has correlated the results of all such observations, examinations, investigations.
explorations, tests, reports and studies with the tenns and conditions of the Contract Documents.
(g)
BIDDER has given Consultant written notice of all conflicts, errors, discrepancies that it has
discovered in the Contract Documents and the written resolution thereof by Consultant is
acceptable to BIDDER.
(h)
This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm
or corporation and is not submitted in conformity with any agreement or rules of any group,
association, organization, or corporation; BIDDER has not directly or indirectly induced or
solicited any other BIDDER to submit a false or sham Bid; BIDDER has not solicited or induced
any person, firm or corporation to refrain from bidding; and BIDDER has not sought by
collusion to obtain for itself any advantage over any other BIDDER or over the City.
~
I
I tEi~H
BIDDER understands and agrees that the Contract Price is lump sum to furnish and install all of the Work
complete in place. The Schedule of Values is provided for the purpose of Bid Evaluation and when
initiated by the City, the pricing of change orders. Contractor's price will not be adjusted to reflect any
deviation from the Schedule Of Values, except to the extft th~e City changes the scope of Project
after the Contract Date. .t)/!...('
As such the Contractor shall furnish all labor, materie~uipment, tools superintendence and services
I-f/ neces~ to pr~~mPlete in place Projec~:/~ Bid Price :d
~&~... ~d-'?A) ?"AA'./~, t!/A/e 4A/~Il:;~r~? ;-;'Ve
~~Q.,c) cents LUMP SUM
(Written Total Bid Price - From Schedule Of Values)
3.
.
.
I
I
I
BIDDER agrees that the work will be complete in full within 180 calendar days from the date stipulated
in the Notice to Proceed.
I
I
I
.
.
.
Country Club Drive Roadway Improvements
City of AvenlUra Bid No. 02-12-23-10
CT&A Project No. 01-0103.011
00410 - 2
~
I
.
.
. 5.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
....
Communications concerning this Bid shall be addressed to:
BIDDER:
Address:
Southeastern Engineering Contractors, Inc.
12iJj4 N.~~. ~o~n h'lZrH.1U, hlJ.h':d.1I SQld,jn.~_,r~a3(J1B_
Telephone
Facsimile Number
Attention:
?O~~~?~'Z~
~~7t?"Z.~
?---d. 7:>L)",,?/;V&ue~
The tenns used in this Bid which are defined in the General Conditions of the Construction Contract
included as part of the Contract documents have the meanings assigned to them in the General
Conditions.
SUBMITTED THIS DAY
~c.
z,~, 20 ,!) 2- .
Country Club Drive Roadway Improvements
City of Aventura Bid No. 02-12-23-10
CT&A Project No. 01-0103.011
00410 - 3
11-11-01 04:04pm From-CRAVEN lHOMPSON
Jtem
101.)
101-2
102-1
105-1
110-1,1
I 10-4
162-3
285-715
300-1.)
327- 70-1
331-2- )
33) ,2-2
337,7-7
+9541396401
SCHEDULE OF VALVES
FOR LUMP SUM
CONTRACT
GENERAL REQUIREMENTS
Description
Mobilization
Pre.Constructiop/Post -Con<truction
Record
Maintenance ofT,.ffic
Environmental Protection Plan (NPDE5
& SWPPP)
Clearing & Grubbing (2.60 Acre)
RemovaJ of Existing Concrele Pavement
Top Soil
9" Asphaltic Base COll"e (ABC.])
Bituminous Material (Tack Coat)
MIlling Existing Asphalt Pavement (I"
A,erage Depth)
5Y
Type $-111 Asphaltic Concrete
TN
Type 5.' ASphahlc Concrete
TN
Asphaltic Concrete Friction Course (FC-
9.5) (110 LEISY)
TN
425-1-365 Modify Existing Drainage I'llet (PaI1ial)
EA
425-4 Adjusting Jnlets
EA
425-5-1 Adjusting MMholes (Utilities)
EA
Country Club Drive Roadway Jmprovemems
City of Aven'ura Bid No. 02,12.23-10
CT&A ProJecl No. 01-0103011
December 17. 2002. 2002
00410 - 4
Unit Quantity
LS
LS
LS
LS
:bt(
LS
Sy
1672
CY
4100
SY
4027
GA
4600
11600
4964.1
251.7
165.0
5
10
1-434 P 04/11 F-404
Unit Extended
Price
Price
s~bpp" ,. S..cOt')(')D.'"'
S z""eI.... S ;Z"'"p.-
SP~'DeI'''$ rr~tUlD,-
SPot').' $ "'dB " tI(
/tlp ",,_"'!&-I__ t')PP.
$ , ~~A1'~' -$ ,l'1~"'",":'~
s I':S,- s %'7~6:-
(BY OTHERS)
s If't1.- $ 1'j;/I"8'P.-
.
$ /-711 S 7cf"'~D'-
S Z.6>~ s ZJ~_".~
$ ..(z.- sz,..!.6'/!JJ. ~
s ~L..- $ /~eD..4''fI-f)
s 62.... s /~ z.~tI.-
S/C}II1D'- S 9..(p".-
Sj,o,- $ ::;PdI'-
$ I'~," s /.P,a.-
'1-17-01 04:05pm From-CRAVEN THOMPSON +9547396401 T-434 P OS/22 H04
Unit Extended
Item Description Unit Quantity Price Price
425-6 Adjusting Yalv~ Boxes EA J s/'b ,- s ;;IPD .-
425-8 Adjusting Cable TV Boxes EA 2 $ /5.1)" $>'~ ,-
520-1,10 Conc. Curb & Guncr (Type F) LF 24150 s //. ri $ Z.'777t~'"
520-2-4 Cone. Curb (Type D) LF 420 $//...t:O $ ~R",~,"
522-2 Conc. Sidewalk (6" Thick) SY 240 $ 27. _0 s ~vh.-
#M /7'4'-
526,)-2 Architecrural Pavers SY 85 $~' $
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575-] -3 Sodding (Argentina Bahia) SY 7300 (BY OTHERS)
577-70 Rework Shoulder SY 7300 $ t. #11 $ ~$P~,,-
580-327. J 0 Relocation of Trees (Palms) EA 48 (BY OTHERS)
580-327-13 Relocation of Trees (Shade) EA 17 (BY OTHERS)
660-2-106 Loop Assembly (Type' F') EA II S/;Ib'- $ /~LOD'"
700-40-1 Sign Single POst AS 2 $ Z3"'P:"" $ ..( 1ft') ,-
700-46-11 Sign Exisling (Remove) (Single POSt) AS 4 $ 7~'- $ z.e,.,-
700.46.21 Sign Existing (Relocate) (Single Post) AS 25 $ //I'J' - 27c-o. -
S
700-46.22 Sign Existing (Relocate) (Multi POSt) AS 14 $ /Z-!:'.- $ /7ro,-
700.48-12 Sign Panel (F&I) EA $ -'OD'- S ..("0 ,-
705-7J Tubular Delineators. Flexible EA 49 $ Zc-.- $ /Z2-r;-
Relro-Reflective Pavement Marker (F & EA 1100
1) Amber/Amber $ ~.-' $ ~~".-
706.) Retro-Reflective Pavemem Marker (F & EA 950 -
1) Colorless/Red $ ~.- S ft## #1'
Retro.R.f1ective Pavement Marker (F & EA 50 -
I) Blue/Blue $ (/.- S z.'1'J .
/&,p. - ..,
7J ]-3 Pavement Messages. TherJnoplasric EA 23 S S :-"$ ,p-
~f)-70 'Zz1'21~~ ,.q6'~A.'i<<.s t;t R4~c.r,QA) /~Pt1Q,-- /~ 'O(}.~
Country Club Drive Roadway Improvements
City of AVentur. Bid No. 02.11-23-10
CT&A Project No. 01-0103,011
December 17.2002,2002
00410-5
11-li-01 04:05pm From-CRAVEN THOMPSON
+954i396401
T-434 P 06/11 F-404
Unit Extended
hem Description Unir Quantity Price Price
7J 1-4 Directional Arrows, Thermoplastic EA 91 ~/). (J>f)
(Left/RightlStraigln) $ $ ~r,4htJ,-
Din:criollAI Arrows, Thermoplastic lOA 6 $ 70'- f./-t-,.-
(Dual) $
71) -5- I Guide Lilles. Thermoplastic (White) LF 175 $ -;-,,~ $ -' zr'-
711-5-2 Guide Lilles. TIlermoplastic (Yellow) LF 40 $ ~'''IP $ /-z".-
... $ /~/~ t:- 7~
711-3 I Skip Tr.ffrc Strip.. Thennoplastic. (6") GM 32129 $ ~V4"
(White)
$ p.~6 -
711.35-81 Solid Trame Stripe, Thermoplasric. (S") LF 1300 $ //7/)'
(White)
711,35-121 Solid Traffic Srripe. Thermoplasric. LF 210 $/':; :( $ z"g..-r...
(J2") (White)
711-35-ISI Solid Traffic Stripe. ThermoplaStic, LF 400 $ 'Z. .,., $ ;:'''4 ,-
(IS") (White)
711.35-241 Solid Traffic Stripe. Thermoplastic. LF 2300 $ Z ..tJl!!} $ ~~i1'e.-
(24") (White)
7 I 1-36-1S I Solid Traffic Srripe, Thermoplastic. LF 200 $ 'Z . 2-eJ $ ~~.p.-
( IS")(Yellow)
711-37-61 Solid Traffic Srripe. Thermoplastic. (6'') NM 5,099 $ Zt;:?yJ,- $ /2-'7t,17- ~O
(White)
711-3S-61 SoiJd TraFfic Stripe. Thermoplastic. (6") NM 4.2S6 $1'l-',,- $ /~/~:J.e~
(Yellow)
1090-11.700 3" pve Pipe (Seh 40) LF 1700 $ /~,tN1 $ Z1s;e,o.-
1090-1 I-70S 2" rve Pipe (Seh 40) LF 3300 $/~.- $ ~~~4'.
J 090.11.707 4" pye Pipe (Sch 40) LF 140 $ /~,.,u $ /?~.-
J 090- J 1.70S 6" rve Pipe (Sch 40) LF 1900 $/~,'" $~.-
1090-11-710 10" pye Pipe (Sch 40) LF 1450 $/~'''''' $ Z-o.$n'J ,-
Country Club Drive Roadway Improvemenrs
Clly of Avenntr. Bid No, 02-12-23.10
CT&A Project No 01-0103,011
December J 7,2002, :!OO2
0041O.6
11-17-01 04:05pm From-CRAVEN THOMPSON +9541398401 T-434 POT/II H04
Unit Extended
Item Desrtiption Unit Quantity Pric. Pric.
1649-700 Adjustmg Water Meters fA 4 $ 2i9o'- $ -POp. .,p
16000.J New Service Point Complete In Ploce (F&I) EA 3- S//J..PP.- $ ~t.6", '"
J 6000- 2 I 1/2" ryC Schedule 40 Condllit(F&I) LF 12.000' $~.~p $ ~$HD'-
I 6000- J 2" PYC Schedule 40 Conduit (F&l) LF 3.430' $ ~, 6~ $ /9zoa-.-
16000-4 2" Pye Sch, 80 Corlduitl)nder Asphalt.
Concrete Fill/Saw Currinl1Potching (F&l) LF 2,740' s/R,qtp s~/7",;.-
,
J 6000-5 Pull Box Complete III Plnee (F&I). fA 53' $ ~" f!).- $ ~/~,.-
16000-6 New Double Slreet Light luminair. And Pole
(Jnstall Owner Furnished Pole, with nev.. base $ 91170.-
Complete In Ploce) fA 48 S ~'$z.tM).-
16000- 7 #4 Conductors Complete In Place (F&I) S /-"0
Including All Connections LF 64.150' $6~~"."
16000-10 New Double Street Light Luminaire and Pole
(Install Owner Furnished. CompJete In Place S ? "'" .- S ~~(.",.-
with Ba,mer Arm) fA 55
J 6000-12 FPL Coofdination LS $ ~dJit!),- S ~~,., ,-
16000-13 New IIlumillates Street Siglls. pole and ServlCe -
Pedestal. with baseComplete In Place EA 2 S/U ", $ Z-Y":a. PO....
21000 Consideration for Indemniticatioll lS $ 25.00 $ 25,00
, Addendum No, I. December 17.2002
TOTAL VALUE OF Tl-lTS BID $
BID SUMMARY
~. 72~ /'7..i:-/.6
;; ~g7,/7~ - /~
ar/
Country Club Drive RoadwEl.y lmprovemellt$
CIlY of Avemur. Bid No, 02'12-23.10
C1&A Project No, 01-0103.01 I
December 17.2002.2002
00410 - 7
12-11-02 04:05,m From-CRAVEN THOMPSON +9541395402 10434 P 08/22 H04
ALTERNATE BID ITEMS
520.2-4 Cone. Curb (Type Dj LF 100 $/~'''' $ / ZPIJ>, ~
706-3 Retro.Reflective Pavemenr Marker (F & EA 100
I) Amber/Amber $ ~J" $ ~~,tM
710-24-61 Solid Traffic Stripe, Thermoplastic, (6'') LF 430 $ [).~ $ 2. ~,...-
(Yellow)
IS I 0-8 Relocate Valve EXIsting EA $ f,~P.- $ :J S"2J ,-
J 6000-2 1 1/2" PVC Schedule 40 Conduit (F&I) LF /00' $~' 'ZO $ J.2-P'~
,
16000.4 2" PYC Sch. 80 Conduit Under Asphail.
Concrete Fill/Saw CUlling/Patching (F&J) LF 575 $Ip.~ s/'.L.B"D. -
16000-5 Pull Box Complete In Place (F&l). fA 3 $ ..( C?".tIA $ 17':)",-
16000.7 #4 Conductors Complete /n Place (F&l) I~.t!)
"., -
Including All Connections Lf 5000 $ $ --.~.
16000,8 Directional Bored conduits under existing '. $ Z9.-.I $ ~Z~.-
roadways and sidewalks. (F&J) I.F 1500'
t 6000.9 New Single Street Light Luminaire And Pole
(Install Owner Furnished Pole, with ncw base ?PD~ $
Complere In Place EA 8 $ 72-PD .t9w
16000.11 New Single Street Light LLll11inaire and Pole
(Install Owner Furnished, Complete In Place ~ t:/t:) ..... S
with Banner Arm) EA 4 $ 7z..P4l.-
7D;'~
~ 7~ "78,-
. Addendum No.1. December 17,2002
Country Club Drive Roadway Improvements
Ci,y of Avenrur. Bid No, 02,12.23.10
CT&A ProjecI No, 01.0103011
December 17. 2002, 2002
00410.8
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SIGNATURE PAGE FOR A CORPORATION
Southeastern Engineering Contractors, Inc.
By:
(Corporatioh"' .
(State of Incorporation)
Ed Dominguez
(Name o(Person Authorized to Sign)
~~
(Title)
By:
(Corporate Seal)
Attest:
1','" ""'1 c,'". "'''0'." '1';+"'lG"-"'"" FL3301Q
",,JO"i I'i.ij', ......llj '.,.\,;I.U...., l,;;;',;";...: d........ll;), ~_
Business address:
Phone No: :?~~~S"?~-"'<Facsimile No: -y*"> 3.."'"?~ e-
Country Club Drive Roadway Improvements
City of Aventura Bid No. 02,,12,,23-10
CT&A Project No. 01-O103.011
00410-11
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CERTIFICATE OF AUTHORITY
(IF CORPORATION)
STATE OF n:: )
) SS:
COUNTY OF~.0t2- )
Southeastern Engineering Contractors, Inc. '
I HEREBY CERTIFY that a meeting of the Board of Directors of the
a corporation existing under the laws of the State of z.-
20 ,p ~he followin'g resolution was duly passed and adopted:
, held on
,,41A...
,
"RE~D, that, as presiden. t of the Corporation, be and is hereby authorized to execute ~e Bid dated,
~ 2::J , 20 P >;"to the City of A ventura and this corporation and that their execUtion thereof,
attested by the Secretary of the Corporation, and with the Corporate Seal affixed, shall be the official act and
deed of this Corporation."
I further certify that said resolution is now in full force and effect.
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F, I have hereun~set my hand and affixed the official seal of the corporation this
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CERTIFICATE OF AUTHORITY
(IF PARTNERSmP)
Country Club Drive Roadway Improvements
City of Aventura Bid No. 02-06-07-2
CT&A Project No. 01-0103.011
00410 - 13
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SECTION 00420
t
AWARD PREFERENCE
FOR
IDENTICAL TIE BIDS
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Whenever two or more Bids which are equal with respect to price, quality, and service are received by the
State or by any political subdivision for the procurement of commodities or contractual services, a Bid
received from a business th!lt certifies that it has implemented a drug-free workplace program shall be given
preference in the award process, Established procedures for processing tie Bids will be followed ifnone of
the tied vendors have a dr:u~-free workplace program. In order to have a drug-free workplace program, a
business shall:
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Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession,
or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken
against employees for violations of such prohibition.
~
Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a
drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and
the penalties that may be imposed upon employees for drug abuse violations.
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Give each employee engaged in providing the commodities or contractual services that are under Bid a copy
of the statement specified in subsection (I).
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In the statement specified in subsection (I), notify the employees that, as a condition of working on the
commodities or contractual services that are under Bid, the employee will abide by the terms of the statemlSlt
and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of
chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in
the workplace no later than five (5) days after such conviction.
.
Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation
program, if such is available in the employee's community, by any employee who is so convicted.
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Make a good faith effort to continue to maintain a drug-free workplace through implementation of this
section.
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As the person authorized to sign the statement, I certify that this firm complies fully with the above
requirements.
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VENDOR'S SIGNATURE:
I
END OF SECTION
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Country Club Drive Roadway Improvements
City of Aventura Bid No. 02-12-23-10
CT&A Project No. 01-0103.011
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00420 - I
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SECTION 00434
LIST OF PROPOSED SUBCONTRACTORS
BIDDER shall list all Proposed Subcontractors to be used on this project if they are awarded the Contract.
CLASSIFICA nON
OF WORK
,
PAVING
ELECTRICALILIGHTING
SIGNING & PAVEMENT MARKING
LANDSCAPE
MATERIAL TESTING
UTILITIES
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Country Club Drive Roadway Improvements
City of Aventura Bid No. 02-12,23-10
CT&A Project No. 01-0103.011
IIIiI
NAME AND ADDRESS
OF SUBCONTRACTOR
~~t'"~
c::;:-" --; c:-
~~~J ~
T-t.-P
This is not an order
END OF SECTION
00434 - 1
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SECTION 00450
BIDDER QUALIFICATION STATEMENT
The BIDDER's response to this questionnaire will be utilized as part of the City's overall Bid Evaluation and
Contractor se lection.
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1.
Number of similar Projects completed with a contract price in excess of $15,000.00:
~M~ 7Jt:J ~;r~ &s::.,-
a)
In the past 5 years
On Sche'dule
Original >ontract price overrun average %
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b)
In the past 10 years
On Schedule
Original contract price overrun average %
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List last three (3) completed Projects with a contract price in excess of$15,000.00.
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Project Name
Owner Name
Owner Address
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Original Contract Completion Time (Days)
Original Contract Completion Date
Actual Final Contract Completion Date
Original Contract Price
Actual Final Contract Price
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Project Name
Owner Name
Owner Address
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Original Contract Completion Time (Days)
Original Contract Completion Date
Actual Final Contract Completion Date
Original Contract Price
Actual Final Contract Price
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Project Name
Owner Name
Owner Address
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Original Contract Completion Time (Days)
Actual Final Contract Completion Date
Original Contract Price
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Country Club Drive Roadway Improvements
City of AvenlUra Bid No. 02-12-23.10
CT&A Project No. 01-0103.011
00450 - 1
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Actual Final Contract Price
2.
Current workload - Projects in excess of $300,000.00
Project Name
~tu~
Owner Name
Contract Price
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3.
The following infonnation shall be provided for this project.
a) Estimated total construction man-hours ~~
b) Percent man-hours to be perfonned by Contractor's pennanent staff ~~
c) Pennanent man-hours to be perfonned by direct hired employees for this project
1./ ~e; .
d) Percent man-hours to be perfonned by Subcontractors ..s::~
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4.
The following infonnation shall be attached to the bid.
a) Contractor's home office organization chart.
b) Contractor's proposed project organizational chart.
c) Resumes of proposed key project personnel, including on-site superintendent.
5.
List and describe any:
IVlJAJe
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a) Bankruptcy petitions filed by or against the BIDDER or any predecessor organizations,
b) Any arbitration's or civil or criminal proceedings or
c) Suspension of contracts or debarring from bidding by any public agency brought against the
BIDDER in the last five (5) years.
6. Governmental References:
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List other Governmental Agencies or Quasi-governmental agencies for which you have done
business within the past f~ears.
Name Of Agency: ~ 70 ",f'\'7;o.r,~_r/;r
Address:
Telephone No.
Contact Person:
Type Of Project
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Country Club Drive Roadway Improvements
City of Aventura Bid No. 02-12-23-10
CT&A Project No. 01-0103.011
00450 - 2
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III Name Of Agency:
Address:
Telephone No.
.. Contact Person:
Type Of Project:
II Name Of Agency:
Address:
.. Telephone No.
Contact Person:'
Type Of Project;
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END OF SECTION
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II Country Club Drive Roadway Improvements
III City of Aventura Bid No. 02-12-23-10
CT&A Project No. 01-0103.011
00450 - 3
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) SS:
County of ~UA/ 7)" )
~~/~.aeeing first duly sworn, deposes and says that:
(1) He/Sherrhey'is;are the a~.
(Owner, Partner, Officer, Representative or Agent) of Sout!leastern Engineering Contractors. Inc. '
the BIDDER that has submitted the attached Bid;
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State of
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(2)
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(3)
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SECTION 00454
NON-COLL US ION AFFIDAVIT
re.
He/She/They is/are fully informed respecting the preparation and contents of the attached Bid and of
all pertinent circumstances respecting such Bid;
Such Bid is genuine and is not a collusive or sham Bid;
Neither the said BIDDER nor any ofits officers, partners, owners, agents, representatives, employees
or parties in interest, including this affiant, have in any way colluded, conspired, connived or agreed,
directly or indirectly, with any other BIDDER, firm, or person to submit a collusive or sham Bid in
connection with the Work for which the attached Bid has been submitted; orto refrain from bidding
in connection with such Work; or have in any manner, directly or indirectly, sought by agreement or
collusion, or communication, or conference with any BIDDER, firm, or person to fix any overhead,
profit, or cost elements of the Bid or of any other BIDDER, or to fix any overhead, profi~ ortost
elements of the Bid Price or the Bid Price of any other BIDDER, or to secure through any collusion,
conspiracy, connivance, or unlawful agreement any advantage against (Recipient), or any person
interested in the proposed Work;
The price or prices quoted in the attached Bid are fair and proper and are not tainted by any
collusion, conspiracy, connivance, or unlawful agreement on the part of the BIDDER or any other of
its agents, representatives, owners, employees or parties in interest, including this affiant.
.
Country Club Drive Roadway Improvements
City of Aventura Bid No. 02-12-23-10
CT&A Project No. 01-0103.011
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00454 - 1
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Signed, sealed and delivered
in t
'I
By:
(Printed Name)
(Title)
ACKNOWLEDGMENT
,
State of Florida -r->
County of: ~ ~d@
On this the 2-~ day of P..eC-. 20 0 he undersigned Notary Public of
The State of Florida, personally appeared and
(Name(s) of individual(s) who appeared before notary) whose n me(s) is/are Subscribed to the within
instrument, and he/she/they acknowledge that helshe/they executed it.
WI1NESS my hand
and official seal.
NOT ARY PUBLIC:
SEAL OF OFFICE:
OFt;i('~~!LI";j;~'/,;. 'SFJ'.L
v F;:::.";~:C~; /e,
NOTARYH.J3LIC r:~'/,':';- c-:-; rLO~IDA
CO?~~;;J:::;~.lC~ ; ; ~/_-). " ..._'.:,\;:'3
MYCO'\f.!ISstOr~~ C:/. \}i,;. 3;.:003
Public: Print, Stamp, or Type as Commissioned.)
~ersona nown to me, or
o Personal identification:
(Type of Identification Produced)
ODm take an oath,
or
~D NOT take an oath.
OPTIONAL INFORMATION:
Type Of Document:
Number of Pages:
Number of Signatures Notarized:
END OF SECTION
Country Club Drive Roadway Improvements
City of Aventura Bid No. 02-12-23-10
CT&A Project No. 01-0103.011
00454 - 2
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SWORN STATEMENT PURSUANT TO SECTION 287. 133(3)(a)
FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES
.
THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR
OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS.
I. This sworn statement is submitted to C.,.y .17/ ~d.Alrd~
II v' 9B~' A"eRY@ li;"\e~h Gardens, FL 330 .
12U:J4 ' .v. . I.' __ _ ____d -
and (if applicable) its Federal Employer
Identification Number (FEIN) is ~ ~ <: tot '2. C"ti-EO # (IF the entity had no FEIN,
include the Social Security Number of the individual signing this sworn statement:
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whose business address is
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2.
I understand that a "public entity crime" as defmed in Paragraph 287.133(1)(g), Florida Statutes.
means a violation of any state or federal law by a person with respect to and directly related to the
transaction of business with any public entity or with an agency or political subdivision of any
other state or with the United States, including, but not limited to, any Bid or Contract for goods or
services to be provided to any public entity or an agency or political subdivision of any other state
of the United States and involving antitrust, fraud. theft, bribery. collusion, racketeering,
conspiracy, or material misrepresentation.
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3.
I understand that "convicted" or "conviction" as defined in Para. 287.133(1)(b), Florida Statutes,
means a fmding of guilt or a conviction of a public entity crime, with or without an adjudication of
guilt, in any federal or state trial court of record relating to charges brought by indicunent or
information after July I, 1989, as a result of a jury verdict, non-jury trial, or entry of a plea of
guilty or nolo contendere.
4. I understand that an "affiliate" as defined in Para. 287.133(I)(a). Florida Statutes, means:
I, A predecessor or successor of a person convicted of a public entity crime; or
2.
Any entity under the control of any natural person who is active in the management of the
entity and who has been convicted of a public entity crime. The term "affiliate" includes
those officers. directors, executors, partners, shareholders, employees, members, and
agents who are active in the management of an affiliate. The ownership by one person of
shares constituting a controlling interest in another person, or a pooling of equipment or
income among persons when not for fair market value under an arm's length agreement,
shall be a prime facie case that one person controls another person. A person who
knowingly enters into a joint venture with a person who has been convicted of a public
entity crime in Florida during the preceding 36 months shall be considered an affiliate.
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Country Club Drive Roadway Improvements
City of Aventura Bid No. 02-12-23-10
CT&A Project No. 01,0103.011
00456 - 2
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5.
I understand that a "person" as defined in Para. 287. 133(1)(e), Florida Statutes, means any natural
person or entity organized under the laws of any state or of the United States with the legal power
to enter into a binding Contract and which Bids or applies to Bid on Contracts for the provision of
goods or services let by a public entity, or which otherwise transacts or applies to transact business
with a public entity. The term "persons" includes those officers, directors, executives, partners,
shareholders, employees, members, and agen!s who are active in management of any entity.
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6.
Based on information and belief, the statement which I have marked below is true in relation to the
entity submitting this sworn statement. (Indicate which statement applies.)
)G . Neither the entity submitting this sworn statement, nor any of it's officers,
direct6rs, executives, partners, shareholders, employees, members, or agents who are active in the
management o(the entity, nor any affiliate of the entity has been charged with and convicted of a
public entity crime subsequent to July I, 1989.
The entity submitting this sworn statement, or one or more of its officers,
directors, executives, partners, shareholders, employees, members, or agents who are active in the
management of the entity, or an affiliate of the entity has been charged with and convicted of a
public entity crime subsequent to July I, 1989.
The entity submitting this sworn statement, or one or more of its officers, directors,
executives, partners, shareholders, employees, members, or agents who are active in the
management of the entity, or an affiliate of the entity has been charged with and convicted of a
public entity crime subsequent to July I, 1989. However, there has been a subsequent proceeding
before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final
Order entered by the Hearing Officer of the State of Florida, Division of Administrative Hearings
and the Final Order entered by the Hearing Officer determined that it was not in the public interest
to place the entity submitting this sworn statement on the convicted vendor list. (Attach a copy of
the final order.)
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Country Club Drive Roadway Improvements
City of Aventura Bid No. 02-12-23-10
CT&A Project No. 01-0103.011
00456 - 3
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-
I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER
FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH I (ONE) ABOVE IS FOR THAT PUBLIC
ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE
CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO
INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE
THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES, FOR
CATEGORY TWO OF ANY, CHANGE IN THE INFbRMATION CONTAINED IN THIS FORM,
By:
.
~ / #dfN./e-;J..
Sworn to and subscribed before me this
z,;y
daYOf~20 ~?-
Notary Public - State of:
P D f2...t --cia
~'.)l:T.;:', '~';":"',,1;-
~ ~ , '.( I.
':;i-~~i~~\~:;~{2~;'i,o .,j~ ~;:"~)j,
MY COM_~:tSSION EAP.'~;;~;/~\}{)3
, or stamped commissioned name of notary public)
Or
o Produced Identification
(Type of Identification Produced)
END OF SECTION
Country Club Drive Roadway Improvements
City of Aventura Bid No. 02-12-23-10
CT&A Project No. 01-0103.011
00456 - 4
I
I
I
SECTION 00432
BID BOND
Bond No. 21BCSBZOO38
.
STATE OF FLORIDA )
)
COUNTY OF MIAMl,DADE )
I
OC.
NOW ALL ME;-'/ BY THESE PRESENTS, that we, ~ ~ ~~as Principal,
and HARTFORD FIRE INSURANCE COMPANY ,as Surety, are held and firmly bound unto
the City of Aventura, a municipal corporation of the State of Florida in the sum of
five percent of attached bid Dollars ($ 5% ), lawful money of
the United States. for the payment of which sum well and truly to be made, we bind ours<:lves, our heirs,
executors, administrators and successors jointly and severally, finnly by these presents.
I
I
THE CONDlTION OF THIS OBLlGA nON IS SUCH Ihal whereas Ihe Principal has submitted the
accompanying Bid, dated December 23rd .2002
I
for: Country Club Drive Roadway Improvements. Bid Number 02-12-23-10.
I
WHEREAS, it was a condition precedent 10 the submission of said Bid that a cashier's check or Bid Bond in
the amount of five percent (S%) of the Base Bid be submitted with said Bid as a guarantee that the BIDDER
would, if awarded the Contract, enter into a written Contract with the City for the performance of said
Contract, within len (10) consecutive calendar days afl:erwritten notice having been given ofb. Award ofthe
Contract.
I
I
NOW, THEREFORE, the conditions of this obligation are such thaI if the Principal within ten
(10) conseculive calendar days after written nOlice of such acceptance, enlers inlo a written Cuntract with the
City of Aventura an? furnishes the Performance and Paymenl Bonds, satisfactory 10 Ihe City, each in an
amount equal to one hundred percent (100%) oflhe Contract Price, and provides all required Certificates of
I nsurance, then this ob~igation shall be void; otherwise the sum herein Slated shall be due anC: payable to the
City of Aventura and the Surety herein agrees to pay said sum immediately, upon demand ofthe City,in good
and lawful money ot'the United States of America, as Iiquidaled damages for failure thereof orsaid Principal.
I
I
I
I
IN WITN ESS WHEREOF, the above bonded parties have executed this instrument under their several seals
this 17th day of December ,2002 the name and the corporale
seal of each corporate party being hereto affixed and these presents being duly signed by its undersigned
representative.
I
I
I
Counny Club Drive Roadway Improvements
City of Aventura Bid No. 02-t2-23-1O
CT&A Project No. 01-0103,011
00432 - I
I
I
IN PRESENCE OF:
.
.
.
SOUIHEASTERN ENGINEERING CONTRACIDRS, INC.
( CORPORATION)
12054 N.W. 98th Avenue
(Business Address)
Hialeah Gardens, Florida 33018
(City IState/Zip)
.
305-557-4226
305-557-0138
(Business Telephone)
(Business Facsimile)
I
T:
Z
HARTFORD FIRE INSURANCE COMPANY
(Impress Seal)
I
.
Eduardo D 1nguez,Pr
"Impress Corporate Seal
IMPORTANT
Surety companies executing bonds must appear on the Treasury Department's most current list (circular 570
as amended) and be authorized to transact business in the State of Florida.
By:
.
.
I
.
.
END OF SECTION
,
,
.
.
.
I
.
I
Country Club Drive Roadway Improvements
City of AveolUro Bid No. 02-12-23.10
CT&A Project No, Ot-0103.011
00432 ' 2
riguez,Attorney-in-Fact &
Florida Resident Agent
HARTFORD FIRE INSURANCE COMPANY
Hartford, Connecticut
POWER OF ATTORNEY
Know all men by these Presents, That HARTFORD FIRE INSURANCE COMPANY, a corporation duly organized under the laws of the State of Connecticut. and having its
principal office in the City of Hartford, County of Hartford. State of Connecticut, does hereby make, constitute and appoint
ERNESTO FREYRE. FAUSTO ALVAREZ. RAMON RODRIGUEZ. VICTOR M, PANTIN, CARL H, MOLL,
CARLOS LACASA. WIWAM E, BECKHAM. MARC D. JACOBSON and MICHAEL 1. KEEBY
of MIAMI, FLORIDA
its tnJe and lawful Attomey(s)-in-Fact. with full power and authority to each of said Atlomey(s}-in-Fact. in their separate capacity if more than one is named above, to sign, exearte and
acknowledge any and all bonds and undertakings and other writings obligatory in the nature thereof on behalf of the Company in its business of guaranteeing the fidelity of persons
holding places of public or private trust; guaranteeing the performance of contracts other than insurance policies; guaranteeing the performance of insurance contracts where surety
bonds are accepted by states and municipalities. and executing or guaranteeing bonds and undertakings required or permitted in all actions or proceedings or by law allowed, and to
bind HARTFORD FIRE INSURANCE COMPANY thereby as fully and to the same extent as if such bonds and undertakings and other writings obligatory in the nature thereof were
signed by an Executive Officer of HARTFORD FIRE INSURANCE COMPANY and sealed and attested by one other of such Officers, and hereby ratifies and confinns aU that its said
Attomey{s}-in-Fact may do in pursuance hereof.
This Power of Attomey is granted under and by authority of the By-Laws of HARTFORD FIRE INSURANCE COMPANY, ("the Company") as amended by the Board of Directors at a
meeting duly called and held on July 9, 1997. as follows:
ARTICLE IV
SECTION 7. The President or any Vice President or Assistant Vice-President, acting with any Secretary or Assistant Secretary shall have power and authority to sign and
execute and attach the seal of the Company to bonds and undertakings. recongnizances, contracts of indemnity and other writings obligatory in the nature thereof, and such instruments
so signed and executed, with or without the common seal, shall be valid and binding upon the Company.
SECTION 8. The President or any Vice-President or any Assistant Vice President acting with any Secretary or Assistant Secretary, shall have power and authority to appoint,
for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, one or more resident Vice Presidents, resident Assistant
Secretaries and Attorneys-in-Fact and at any time to remove any such resident Vice-President. resident Assistant Secretary, or Attorney-in-Fact. and revoke the power and authority
given to him.
Resolved. that the signatures of such Officers and the seal of the Company may be affixed to any such power of attorney or to any certificate relating thereto by facsimile, and
any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified
by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached.
In Witness Whereof, HARTFORD FIRE INSURANCE COMPANY has caused these presents to be signed by its Assistant Vice-President, and its corporate seal to be
hereto affixed, duly attested by its Secretary, this 14th day of May, 1999.
f~O
O\.~
HARTFORO FIRE INSURANCE COMPANY
/q
Paul A. Bergenholtz, Assistant Secretary Robert L. Post, Assistant Vice President
STATE OF CONNECTICUT} ss.
Hartford
COUNTY OF HARTFORD
On this 14th day of May, A.D. 1999. before me personally came Robert l. Post, to me known, who being by me duly sworn, did depose and say. that he resides in the County of
Hartford, State of Connecticut; tha1 he is the Assistant Vice-President of HARTFORD FIRE INSURANCE COMPANY, the corporation described in and which executed the above
instrument; that he knows the seal of the said corporation: that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of
said corporation and that he signed his name thereto by like order.
(p~ ~(:(~
/-- NOlaryPubHc
My Conunission Expires June 30, 2004
I, the undersigned, Secretary of HARTFORD FIRE INSURANCE COMPANY, a Connecticut Corporation. DO HEREBY CERTIFY that the foregoing and attached POWER OF
ATTORNEY remains in full force and has not been revoked; and furthennore, that Article IV, Sections 7 and 8 of the By-Laws of HARTFORD FIRE INSURANCE COMPANY. set forth
in the Power of Attorney, are now in force.
Signed and sealed at the City of Hartford.
Dated the 17 th
~W*gW{~.
Richard L. Marshall. Jr.. Assistant Secretary
dayo' December
2002
~.;j~ C
J. Dennis Lane. Assistant Vice President
.fUEl
HAHTFORD
Inquiries Ree:ardine: Claims
Hartford Fire Insurance Company
Hartford Casualty Insurance Company
Hartford Accident and Indemnity Company
Hartford Underwriters Insurance Company
Twin City Insurance Company
Hartford Insurance Company of I1Iinois
Hartford insurance Company of the Midwest
Hartford Insurance Company of the Southeast
Please address inquiries regarding Claims for all surety and fidelity products issued by
The Hartford's underwriting companies to the following:
Phone Number
fax - Claims
E-mail
888-266-3488
860-757-5835 or 860-547-8265
claims@lstepsurety.com
Mailing Address
The Hartford
The Hartford fidelity & Bonding (BOND)
Hartford Plaza
690 Asylum Avenue
Hartford, CT 06115
.6~!b!'!!!!!I!
Project:
Contract Amount:
Client:
Completion Date:
Proj ect:
Contract Amount:
Client:
Completion Date:
Project:
Contract Amount:
Client:
Completion Date:
Project:
Contract Amount:
Client:
Completion Date:
Project:
Contract Amount:
Client:
Completion Date:
Project
Contract Amount:
Client:
Completion Date:
Project:
Contract Amount:
Client:
Completion Date:
Project:
Contract Amount:
Client:
Completion Date:
PROJECTS UNDER CONSTRUCTION
(Fully Bonded)
Metrorail Extension
$4,349,000.00
Dade County Public Works Dept. (305)-375-2960
> Dec. 2002
,
th
East 39 Street
$241,331.00
City of Hialeah Streets Division (305)-687-2696
Jan. 2002
Paving & Drainage Annual Contract (Renewed Contract)
$643,400.00
Dade County Public Schools (305)-995-2348
Jan. 2003
12" & 8" Water Mains in S.W. 22nd St.
$948,284.00
Miami Dade Water & Sewer Dept. (305)-669-7753
Jan. 2002
East 2nd Ave, from 32nd St. to 41'" St.
$685,334.00
City of Hialeah Streets Division (305)-687-2696
Feb,2002
th
N,E. 164 Street Improvements
$688,749.00
City of North Miami Beach, (305)-948-2967
Feb, 2002
East 40th Street
$559,640.00
City of Hialeah Streets Division, (305)-687-2696
Feb,2002
Northside Utilities & Drainage
$1,735,727.00
Miami Dade Aviation Dept., (305)-876-0754
NTP has not been issues as of 1/7/02.
Project:
Contract Amount:
Client:
Completion Date:
Projects:
Contract Amount:
Client:
Completion Date:
Phase I Culvert Improvemt:nts
$180,000.00
Central Broward Water Control District, (954)-432-5110
March 2002
> East 41 st Street Improvements
, $311,924.00
. City of Hialeah (305)-687-2696
April 2002
I
6!:!!!l'tC!!!!!!!
PROJECTS COMPLETED DURING LAST FIVE YEARS
(Fully Bonded)
Project:
Contract Amount:
Client:
Completion Date:
Project:
Contract Amount:
Client:
Completion Date:
Project:
Contract Amount:
Client:
Completion Date:
Project:
Contract Amount:
Client:
Completion Date:
Project:
Contract Amount:
Client:
Completion Date:
Project:
Contract Amount:
Client:
Completion Date:
Project:
Contract Amount:
Client:
Completion Date:
Project
Contract Amount:
Client:
Completion Date:
Paving & Drainage Annual Contract
$643,400.00
Dade County Public Schools-Francis Hoar, (305)-995-2348
> Jan. 2002
N.W, 96th & 100th Street Improvements
$244,000.00
Miami Shores Village-Fernando Alonso, P,E.- (305)-663-5777
Dec. 2001 Williams Hatfield & Stoner
Pump Station # 1 007'
$337,300.00
Miami Dade Water & Sewer Dept.-Gary Clarke, (786)-552-8143
Dec, 2001
Kendall Point Storm Sewer
$682,613.00
Dade County Public Works Dept.-Rolando Martin, (305)-375-2392
Oct. 2001
Signalized Intersection Improvements
$194,00000
City of Coral Gables, Armando Amet - PBS & J,(305)-460-5014
Nov. 2001
Installation or Repair of Force Mains
$11,000,000.00, (Blanket Contract) S-718-4
Miami Dade Water & Sewer Dept.-Steve Levy, (786)-552-8139
Oct. 2001
Repair or Installation of Pump Stations
$6,300,000.00, (Blanket Contract) S-700A
Miami Dade Water & Sewer Dept.-Gary Clarke, (786)-552-8143
Oct. 2001
N,W. I 99th Street Canal Culvert
$702,000,00
Dade County DERM- Rolando Martin, (305)-375-2392
Sept. 2001
Project:
Contract Amount:
Client:
Completion Date:
Project:
Contract Amount:
Client:
Completion Date:
Project:
Contract Amount:
Client:
Completion Date:
Project:
Contract Amount:
Client:
Completion Date:
Project:
Contract Amount:
Client:
Completion Date:
Project:
Contract Amount:
Client:
Completion Date:
Project:
Contract Amount:
Client:
Completion Date:
Project:
Contract Amount:
Client:
Completion Date:
Project:
Contract Amount:
Client:
Completion Date:
West 83rd Street Improvements
$680,000.00
City of Hialeah Streets Division-Ernie Horsley, (305)-687-2632
June 200 I
West 3 ,d Court Improvements
$502,00000
, City of Hialeah Streets Division-Ernie Horsley, (305)-687-2632
, June 200 I
12" Forcemain on S,W. 72nd St.
279,00000
Miami Dade Water & Sewer-Steve Levy, (786)-552-8139
April 200 I
N.W. 19th Street Reconstruction
$513,654.00
City of Lauder hill-Manny Diez (954)-730-2960 Ext. 4225
March 2001
Merrick Civic Roadway Improvements
$700,000,00
City of Coral Gables-Armando N. Amet-PBS & J, (305)-592-7275
Feb,2001
N,W. 74th St. Storm Sewer Improvements
$1,220,00000
Dade County Public Works Dept.-Rolando Martin, (305)-375-2392
Sept. 2000
West 2nd Court Roadway Improvements
$992,000.00
City of Hialeah Streets Division-Ernie Horsley, (305)-687-2632
June 2000
Medley Commerce Center Lift Station and Force Main
$441,000,00
Town of Medley-Wally Wernke, (305)-889-1915
April 2000
Ravenswood Parking
$4,100,00000
Broward County Aviation Dept.-John Moore- (954)-410-6945
March 2000
Project:
Contract Amount:
Client:
Completion Date:
Project:
Contract Amount:
Client:
Completion Date:
Project:
Contract Amount:
Client:
Completion Date:
Project:
Contract Amount:
Client:
Completion Date:
Project:
Contract Amount:
Client:
Completion Date:
Project:
Contract Amount:
Client:
Completion Date:
Proj ect:
Contract Amount:
Client:
Completion Date:
Project:
Contract Amount:
Client:
Completion Date:
Proj ect:
Contract Amount:
Client:
Completion Date:
N.E, 185"' Street Improvements
$1,272,000.00
City of Aventura-Antonio Tomei, (305)-466-8923
Dec, 2000
Booster Pump Station
$754,000.00
Town of Medley-Wally Wernke, (305)-889-1915
> Dec, 2000
,
Parking & Roadway
$410,00000
City of Coral Springs, (954)-344-1177
Dec. 2000
Eastern Shores Phase II Paving & Drainage
$596,000.00
City of North Miami Beach-Marty King, (305)-948-2980
January 1999
Sunset Drive Roadway Improvements
$900,000.00
City of South Miami-Ramon Castella, (305)-445-2900
December 1998
Storm Sewer Pump Station at N,E, 26th Ave.
$351,000.00
Dade County Public Works Dept.-Rolando Martin, (305)-375-2392
January 1997
East 41 st Street Reconstruction
$1,920,000.00
City of Hialeah-Ernie Horsley, (305)-687-2632
December 1997
Storm Sewer Pump Station, Drainage & Roadwork
$351,000.00
Dade County Public Works Dept-Rolando Martin, (305)-375-2392
December 1997
Johnson St. Reconstruction
$592,000.00
City of Hollywood, (954)-921-3254
August 1997
Project
Contract Amount:
Client:
Completion Date:
Project:
Contract Amount:
Client:
Completion Date:
Project:
Contract Amount:
Client:
Completion Date:
Project:
Contract Amount:
Client:
Completion Date:
Proj ect:
Contract Amount:
Client:
Completion Date:
Project:
Contract Amount:
Client:
Completion Date:
Project:
Contract Amount:
Client:
Completion Date:
Installation of6500 ft. of36"dia, Water Main
$596,000.00
Miami Dade Water & Sewer Dept., (305)-669-5728
March 1997
Local Drainage Contract #4
$807,000.00
Dade County Public Works Dept.-Rolando Martin, (305)-375-2392
\ December 1996
Ponce de Leon Boulevard Roadway Improvements
$628,000.00
City ofOpa-Locka, (305)-953-2828
December 1998
W ashington Avenue Roadway Improvements
$450,000.00
City of Opa-Locka, (305)-953-2828
December 1996
Business District Roadway Improvements
$550,000.00
Town of Surfside, (305)-861-4863
January 1996
Paving & Drainage Annual Contract
$2,600,000.00
City of Coral Gables-Alberto Delgado, (305)-460-5014
1993 thru 1995
Miami River Storm Sewer Retrofit
$330,000.00
Dade County Public Works Dept.-Rolando Martin, (305)-375-2392
January 1993
...-'--
JEB BUSH
GOVERNOR
Florida Department of Transportation
605 Suwannee Street
Tallahassee, Florida 32399-0450
October 15, 2002
THOMAS F. BARRY, JR.
SECRETARY
Southeastern Engineering Contractors, Inc.
12054 N.W. 98th Avenue
Hialeah Gardens, FL 33018
"REVISED"
RE: CERTIFICATE OF QUALIFICATION
Gentlemen:
The 0e:partment of 1'ranSpoLtdLion haG qualified your ccmpany for the ai'nounl:
and the type of work indicated below. Unless your company is notified
otherwise, this rating will expire June 30, 2003.
Please take notice that to ensure continuity in your certification at least
thirty (30) days must be allowed for the processing of your next application
for qualification. In aocordanoe with S.337.14 (1) F.S. you~xt
application must be filed within (4) months of the ending date of the
applicant's audited annual financial statements and, if applicable, the
audited interim financial statements. To remain qualified with the
Department, a new application must be submitted subsequent to any significant
change in the financial position or the structure of your firm as described
in Section l4-22.005(3), Florida Administrative Code.
MAXIMUM CAPACITY RATING: $29,600,000.00
WORK CLASS RATINGS:
1. Major Bridges:
a. Bridges which include Bascule Spans.,.,.,.,. ,.,.,......'.......,.,
b. Bridges which include Curved Steel Girders........................
c. Bridges Wl th Multl-Level Roadways.................................
d. Bridges of Concrete Segmental Construction.......... ....... .... ...
e. Bridges which include Steel Truss Construction......... ...... .....
f. Bridges 'Nhich :nclud0 Sable Stayed C~nstru:ti)~.,............,....
g. Bridges of conventional construction which are over a water
opening of 1000 feet or more.. ..... ..................... ..........
2. Intermediate Bridges (Bridges that contain none of the type of
construction listed under Major Bridges and span lengths exceeding
50 feet (center to center of cap) ..... .... ......... ......... ...........
3. Minor Bridges (Bridges with span lengths not exceeding 50 feet
(center to center or cap) and total length not exceeding 300 feet.
A Minor Bridge shall not contain any types of construction listed
under Major Bridges or Intermediate Bridges)................ ... ........
4. Bascule Bridge Rehabilitation....... ............... ......... ...... .....
5. Grading (Includes clearing and grubbing, excavation, and embankment) ...-X-
6. Drainage (Includes all storm drains, pipe culverts, culverts, etc.)....-X-
7. Flexible Paving (Includes limerock and shell base and other optional ---
base courses, soil-cemented based, mixed-in-place bituminous paving,
bi tuminous surface treatments, and stabilizing).... . . . . . . . . . . . . . . . . . . .. X
8. Portland Cement Concrete Paving........................................
9. Hot Plant-Mixed Bituminous Structural and Surface Courses.... .... .......~
www.dot.state.fl.us
\!I RECYCLED PAPER
y/
Southeastern Engineering Contractors, Inc.
October 15, 2002
Page Two
SPECIALTY CLASSES OR WORK:
None. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. X
- .
You may apply, in writing, for a Revised Certificate of Qualification at any
time prior to the expiration date of this certificate according to Section
14-22.0041(3), Florida Administrative Code. Please be advised if'
certification in additional classes of work is desired, documentation is
needed to show thAt your company has done such work with your own forces and
equipment or that fxperience was gained with another contractor and that you
have the necessary equipment for each additional class of work requested.
Also, refer to the note at the bottom of Page 16 of the Application (or
Qualification when supplying additional information.
Sincerely yours,
~,.P'~' 'C ~
Juanita Moore, Manager
Contracts Administration Office
JM:vas
12/89
(SEE NOTES ON REVERSE SIDE)
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
FROM:
TO:
DATE:
SUBJECT: Disbursement of Police Forfeiture Funds
January 7, 2003 City Commission Meeting Agenda Item ~
RECOMMENDATION
It is recommended that the City Commission adopt the following Motion to expend
funds from the Police Forfeiture Fund:
"Motion authorizing the appropriation of up to $25,720 for Juvenile Drug
Program, tasers and accessories, property locks and video enhancement
equipment from the Police Forfeiture Fund in accordance with the City
Manager's memorandum".
BACKGROUND
As per the attached Staff Report, the Police Chief has requested approval to
appropriate Police Forfeiture Funds as follows:
1. Juvenile Drug Program $5,000
2. Tasers and Accessories $10,220
3. Property Locks $1,700
4. Video Enhancement Equipment $8,800
If you have any questions, please feel free to contact me.
EMS/aca
Attachment
CC01144-03
CITY OF AVENTURA
POLICE DEPARTMENT
INTER OFFICE MEMORANDUM
TO:
Eric M. Soroka, City Manager
FROM:
Thomas E. Ribel, Chief of Police
DATE:
December 2, 2002
SUBJECT:
Use of Forfeiture Funds
Florida State Statute 932.704 requires that money resulting from forfeitures be
maintained in a special law enforcement trust fund, and that the funds be
expended only upon request of the Chief of Police to the governing body of the
municipality and approval of the governing body.
I am requesting City Commission approval for the expenditure of:
Total Expenditure Request:
$5,000
$10,220
$1,700
$8,800
$25,720
Juvenile Drug Program
Tasers and accessories
Property lockers for Hold Cell
Video Enhancement equipment
I certify that this requested expenditure complies with Florida State Statute
932.704 in that:
1. Funds will be used for an appropriate law enforcement purpose.
2. Funds are not being used as a normal source of revenue for the
Police Department.
3. Funds were not considered in the adoption and approval of the budget
of the Police Department.
Summary
Juvenile Drug Program (Drug Free Youth In Town> - A youth oriented drug
program aimed at keeping young children drug free through their school and
adult lives.
Tasers and accessories - An additional order of M26 Advanced Tasers, and
related accessories, for issue to officers as a less lethal weapon alternative.
Hold Cell Prisoner Property Lockers - Temporary secure storage for prisoner
property while officers process prisoners prior to being transported to jail.
Video Enhancement equipment - State of the art computer hardware and
software that will allow for the enhancement of video images from store security
cameras. These are used for court room presentation in civil and criminal
prosecutions.
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO: City Commission
FROM: Eric M. Soroka, ICM
City Manager
BY: Joanne Carr, AIC
Planning Director
DATE: October 30,2020
SUBJECT: Amendment to Section 31-143, Section 31-144 and Section 31-145 of the
City's Land Development Regulations to delete Community Facility uses as
permitted uses and add Community Facility uses as conditional uses in all
zoning districts with a residential or business and office land use designation
(01-LDR-03)
November 12, 2002 Local Planning Agency Agenda Item ~
November 12, 2002 City Commission Meeting Agenda Item 1
January 7,2003 City Commission Meeting Agenda Item c:t
RECOMMENDATION
It is recommended that the City Commission approve the amendments to Section 31-143,
Section 31-144 and Section 31-145 of the City's Land Development Regulations to delete
Community Facility uses as permitted uses in the RS1, RS2, RMF3, RMF3A, RMF3B,
RMF4, B1, B2, B3, OP, MO, TC1 and TC2 zoning districts and to add Community Facility
uses as conditional uses in those zones to provide consistency with the City's
Comprehensive Plan.
THE REQUEST
City staff is requesting amendments to Section 31-143, Section 31-144 and Section 31-
145 of the City's Land Development Regulations to delete Community Facility uses as
permitted uses in all zoning districts with a residential or business and office land use
designation and to add the Community Facility uses as conditional uses in those zoning
districts, in order to provide consistency with Policy 1.3 of the City's Comprehensive Plan.
(See Exhibit #1 for Comprehensive Plan, Future Land Use Element Policy 1.3)
ANALYSIS
Standards for reviewing proposed amendments to the text of the LDR:
1. The proposed amendment is legally required.
The proposed amendments improve the administration or execution of the
development process in that it provides consistency with the City's Comprehensive
Plan.
2. The proposed amendment is consistent with the goals and objectives of the
Comprehensive Plan.
The proposed amendments are consistent with the goals and objectives of the
Comprehensive Plan.
3. The proposed amendment is consistent with the authority and purpose of the LOR.
The proposed amendments are consistent with the authority and purpose of the Land
Development Regulations.
4. The proposed amendment furthers the orderly development of the City.
The proposed amendments further the orderly development of the City.
5. The proposed amendment improves the administration or execution of the
development process.
The proposed amendments improve the administration or execution of the
development process in that it provides consistency with the City's Comprehensive
Plan.
Description/Background of Proposed Amendments1:
1. Section 31-143, "Residential Zoning Districts" of the City's Land Development
Regulations is hereby amended as follows:
Sec. 31-143. Residential Zoning Districts...
(b) Residential Single-Family Districts (RS1). The following shall apply to all RS1
1 Underlined provisions constitute proposed additions to existing text; slrislt8R tl1re"~h provisions indicate
proposed deletions from existing text. Remaining provisions are now in effect and remain unchanged.
2
Districts:
(2) Uses Permitted. No building or structure, or part thereof, shall be erected,
altered or used, or land used in whole or part for other than one or more of the
following specific uses:
a. One-family detached dwelling.
b. Publicly owned recreational buildings and facilities, playgrounds, playfields and
parks.
c. .^.II uscs porR'littod in the CF District.
€!!;. Uses accessory to any of the above uses when located on the same plot.
(2a.) Conditional Uses. The followina uses may be established if first approved as a
conditional use:
a. All uses permitted in the CF District.
(c) Residential Single-Family Districts (RS2). The following shall apply to all RS2
Districts:
(2) Uses Permitted. No building or structure, or part thereof, shall be erected,
altered or used, or land used in whole or part for other than one or more of the
following specific uses:
a. One-family detached dwelling.
b. /\11 uses porR'littod in the CF District.
G Q. Publicly owned recreational buildings and facilities, playgrounds, playfields and
parks.
€!!;. Uses accessory to any of the above uses when located on the same plot.
e.g. Zero lot line dwelling units.
(2a.) Conditional Uses. The followina uses may be established iffirst approved as a
conditional use:
a. All uses permitted in the CF District.
(d) Multifamily Medium Density Residential Districts (RMF3). The following shall
apply to all RMF3 Districts:
(2) Uses Permitted. No building or structure, or part thereof, shall be erected,
altered or used, or land used in whole or part for other than one or more of the
following specific uses:
a. Two-family dwellings.
3
b. Triplexes and quadruplexes.
c. Townhouses not to exceed six units in anyone group.
d. Low-rise apartments.
e. Mid-rise apartments.
f. ^" usee; permittee in the CF District.
9 f. Publicly owned recreational buildings and facilities, playgrounds, playfields and
parks.
fl g. Uses accessory to any of the above uses when located on the same plot.
(2a.) Conditional Uses. The followinQ uses may be established if first approved as
a conditional use:
a. All uses permitted in the CF District.
(e) Multifamily Medium Density Residential Districts (RMF3A). The following shall
apply to all RMF3A Districts:
(2) Uses Permitted. No building or structure, or part thereof, shall be erected,
altered or used, or land used in whole or part for other than one or more of the
following specific uses:
a. Two-family dwellings.
b. Triplexes and quadruplexes.
c. Townhouses not to exceed six units in anyone group.
d. Low-rise apartments.
e. Mid-rise apartments.
f. /\11 uses permittod in the CF Dislrist.
9 f. Publicly owned recreational buildings and facilities, playgrounds, playfields and
parks.
fl g. Uses accessory to any of the above uses when located on the same plot.
(2a.) Conditional Uses. The followinQ uses may be established if first approved as
a conditional use:
a. All uses permitted in the CF District.
(f) Multifamily High Density Residential Districts (RMF4). The following shall apply
to all RMF4 Districts:
(2) Uses Permitted. No building or structure, or part thereof, shall be erected,
altered or used, or land used in whole or part for other than one or more of the
following specific uses:
4
a. All uses permitted in the RMF3 District.
b. High rise apartments.
G. .^.II uses porR'littod in tho CF District.
EI Q. Publicly owned recreational buildings and facilities, playgrounds, playfields and
parks.
e g. ALF
f.~. Uses accessory to any of the above uses when located on the same plot.
(2a.) Conditional Uses. The followinq uses mav be established if first approved as
a conditional use:
a. All uses permitted in the CF District.
(g) Multifamily Medium Density Residential Districts (RMF3B). The following shall
apply to all RMF3B Districts:
(2) Uses Permitted. No building or structure, or part thereof, shall be erected,
altered or used, or land used in whole or part for other than one or more of the
following specific uses:
a. Single family dwellings.
b. Zero lot line dwelling units.
c. Two family dwellings
d. Triplexes and quadruplexes.
e. Townhouses.
f. Low-rise apartments.
g. ^" IJsec permitted in the CF Dictrict.
1:1 g. Publicly owned recreational buildings and facilities, playgrounds, playfields
and parks.
h h. Uses accessory to any of the above uses when located on the same plot.
(3) Conditional Uses. The followinq uses mav be established if first approved as a
conditional use:
a. Uses that exceed the height limitations, but in no event shall uses exceed
seven stories or 90 feet in height.
b. All uses permitted in the CF District.
2. Section 31-144, "Business Zoning Districts", of the City's Land Development
Regulations is hereby amended as follows:
Sec. 31-144. Business Zoning Districts...
(b) Neighborhood Business (B 1) District. The following shall apply to all B 1
5
Districts:
(1) Uses Permitted. No building or structure, or part thereof, shall be erected,
altered or used, or land used in whole or part for other than one or more of the
following specific uses provided the requirements set forth elsewhere in this section
are satisfied:
k. No sign of any type or character shall be exhibited or displayed outside denoting
that alcoholic beverages are obtainable within. Uses accessory to any of the above
uses when located on the same plot. AIIl,Jses permittee in the CF District. .
(2) Conditional Uses. The following uses may be established if first approved as a
conditional use:
e. All uses permitted in the CF District.
(c) Community Business (B2) District. The following shall apply to all B2
Districts:
(2) Conditional Uses. The following uses may be established if first approved as a
conditional use:
k. All uses permitted in the CF District.
(d) Heavy Business (B3) District. The following shall apply to all B3 Districts:
(2) Conditional Use. The following uses may be established if first approved as a
conditional use:
f. All uses permitted in the CF District.
(e) Office Park (OP) District. The following shall apply to all OP Districts:
(1) Uses Permitted. No building or structure, or part thereof, shall be erected,
altered or used, or land used in whole or part for other than one or more of the
following specific uses provided the requirements set forth elsewhere in this section
are satisfied:
g. /\11 uses permitted in the CF District.
6
g. Hotels, motels, resorts and time share units, subject to the following:
1. The minimum plot area shall be 1.5 acres
2. Any outdoor recreation areas including swimming pools shall be located at least
25 feet from the plot line of any adjacent residentially zoned property and screened
from any such adjacent properties in accordance with the landscape code.
3. The minimum floor area of a rental sleeping room in a motel or hotel, which
includes all areas to be individually rented by a customer, shall be 300 square feet.
(2) Conditional Use. The following uses may be established if first approved as a
conditional use:
q. All uses permitted in the CF District.
(f) Medical Office (MO) District. The following shall apply to all MO Districts:
(1) Uses Permitted. No building or structure, or part thereof, shall be erected,
altered or used, or land used in whole or part for other than one or more of the
following specific uses provided the requirements set forth elsewhere in this section
are satisfied:
k. All usos permitted in the CF Distriot.
!so Uses generally accessory to the above principal uses...
[. ALF
(2) Conditional Use. The following uses may be established if first approved as a
conditional use:
h. All uses permitted in the CF District.
3. Section 31-145, "Business Zoning Districts", of the City's Land Development
Regulations is hereby amended as follows:
Sec. 31-145. Town Center Districts...
(b) Town Center District (TC1). The following shall apply to all TC1 Districts:
(1) Uses Permitted. No building or structure, or part thereof, shall be erected,
altered or used, or land used in whole or part for other than one or more of the
following specific uses provided the requirements set forth elsewhere in this section
are satisfied:
8. All uses porA'litles iA the CF Distriot.
7
(2) Accessory Uses. Permitted incidental and accessory uses shall include:
b. /'.11 uses permitted 3S accessory uces in the CF, Coml'T-1\,1nity Facilities Dictrist.
G.Q. Outdoor dining as an accessory use to a permitted restaurant or retail use.
(3) Conditional Uses. The following uses may be established if first approved as a
conditional use:
I. All uses permitted in the CF District.
m. All uses permitted as accessory uses in the CF. Community Facilities District.
(b) Town Center Marine District (TC2). The following shall apply to all TC2
Districts:
(1) Uses Permitted. No building or structure, or part thereof, shall be erected,
altered or used, or land used in whole or part for other than one or more of the
following specific uses provided the requirements set forth elsewhere in this section
are satisfied:
o. .'\11 \,Ises permitted in the CF District.
(4) Conditional Uses. The following uses may be established if first approved as a
conditional use:
o. All uses permitted in the CF District.
8
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01-LDR-03
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ORDINANCE NO. 2003-_
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
AMENDING PARAGRAPH (b) OF SECTION 31-143 "RS1" DISTRICT,
PARAGRAPH (c) OF SECTION 31-143 "RS2" DISTRICT,
PARAGRAPH (d) OF SECTION 31-143 "RMF3" DISTRICT,
PARAGRAPH (e) OF SECTION 31-143 "RMF3A" DISTRICT,
PARAGRAPH (f) OF SECTION 31-143 "RMF4" DISTRICT,
PARAGRAPH (g) OF SECTION 31-143 "RMF3B" DISTRICT,
PARAGRAPH (b) OF SECTION 31-144 "B1" DISTRICT, PARAGRAPH
(e) OF SECTION 31-144 "B2" DISTRICT, PARAGRAPH (d) OF
SECTION 31-144 "B3" DISTRICT, PARAGRAPH (e) OF SECTION 31-
144 "OP" DISTRICT, PARAGRAPH (f) OF SECTION 31-144 "MO"
DISTRICT, PARAGRAPH (b) OF SECTION 31-145 "TC1" DISTRICT,
PARAGRAPH (c) OF SECTION 31-145 "TC2" DISTRICT IN ALL
CASES TO DELETE COMMUNITY FACILITY (CF) USES AS
PERMITTED USES AND ADD COMMUNITY FACILITY (CF) USES AS
CONDITIONAL USES; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City of Aventura is desirous of amending the City's Land
Development Regulations to provide consistency with Policy 1.3 of the City's
Comprehensive Plan; and
WHEREAS, the City Commission has been designated as the local planning
agency for the City pursuant to Section 163.3174, Florida Statutes; and
WHEREAS, the Local Planning Agency has reviewed the application pursuant to
the required public hearing and has recommended approval to the City Commission;
and
WHEREAS, the City Commission has held the required public hearings, duly
noticed in accordance with law; and
WHEREAS, the City Commission has reviewed the action set forth in this
Ordinance and has determined that such action is consistent with the Comprehensive
Plan.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. Section 31-143, "Residential Zoning Districts" of the City's Land
Development Regulations is hereby amended as follows.1:
Sec. 31-143. Residential Zoning Districts...
(b) Residential Single-Family Districts (RS1). The following shall apply to all RS1
Districts:
(2) Uses Permitted. No building or structure, or part thereof, shall be erected,
altered or used, or land used in whole or part for other than one or more of the
following specific uses:
a. One-family detached dwelling.
b. Publicly owned recreational buildings and facilities, playgrounds, playfields
and parks.
c. /\11 uses permitted iA tAe CF District.
€I f. Uses accessory to any of the above uses when located on the same plot.
(2a.) Conditional Uses. The followinq uses mav be established if first aooroved
as a conditional use:
a. All uses oermitted in the CF District.
(c) Residential Single-Family Districts (RS2). The following shall apply to all RS2
Districts:
(2) Uses Permitted. No building or structure, or part thereof, shall be erected,
altered or used, or land used in whole or part for other than one or more of the
following specific uses:
a. One-family detached dwelling.
b. All ~ses permitted in the CF District.
1 Underlined provisions constitute proposed additions to existing text; ctriGken thrG\Jllh provisions indicate
proposed deletions from existing text. Remaining provisions are now in effect and remain unchanged.
6 Q. Publicly owned recreational buildings and facilities, playgrounds, playfields
and parks.
G f. Uses accessory to any of the above uses when located on the same plot.
e.g. Zero lot line dwelling units.
(2a.) Conditional Uses. The followina uses mav be established if first approved
as a conditional use:
a. All uses permitted in the CF District.
(d) Multifamily Medium Density Residential Districts (RMF3). The following shall
apply to all RMF3 Districts:
(2) Uses Permitted. No building or structure, or part thereof, shall be erected,
altered or used, or land used in whole or part for other than one or more of the
following specific uses:
a. Two-family dwellings.
b. Triplexes and quadruplexes.
c. Townhouses not to exceed six units in anyone group.
d. Low-rise apartments.
e. Mid-rise apartments.
f. .^,II usos I3srmittea in tho C~ District.
9 f. Publicly owned recreational buildings and facilities, playgrounds, playfields
and parks.
A g. Uses accessory to any of the above uses when located on the same plot.
(2a.) Conditional Uses. The followina uses may be established if first approved
as a conditional use:
a. All uses permitted in the CF District.
(e) Multifamily Medium Density Residential Districts (RMF3A). The following
shall apply to all RMF3A Districts:
(2) Uses Permitted. No building or structure, or part thereof, shall be erected,
altered or used, or land used in whole or part for other than one or more of the
following specific uses:
a. Two-family dwellings.
b. Triplexes and quadruplexes.
c. Townhouses not to exceed six units in anyone group.
d. Low-rise apartments.
e. Mid-rise apartments.
f. 1'.11 uses porR'littoe in tAe CF DistriGt.
9 f. Publicly owned recreational buildings and facilities, playgrounds, playfields
and parks.
/:} g. Uses accessory to any of the above uses when located on the same plot.
(2a.) Conditional Uses. The followina uses may be established if first approved
as a conditional use:
a. All uses permitted in the CF District.
(f) Multifamily High Density Residential Districts (RMF4). The following shall
apply to all RMF4 Districts:
(2) Uses Permitted. No building or structure, or part thereof, shall be erected,
altered or used, or land used in whole or part for other than one or more of the
following specific uses:
a. All uses permitted in the RMF3 District.
b. High rise apartments.
c. A11I,lSBS l30rmitted in tAB CF District.
e!;<. Publicly owned recreational buildings and facilities, playgrounds, playfields
and parks.
e g. ALF
h~. Uses accessory to any of the above uses when located on the same plot.
12a.\ Conditional Uses. The followina uses mav be established if first approved
as a conditional use:
a. All uses permitted in the CF District.
(g) Multifamily Medium Density Residential Districts (RMF3B). The following
shall apply to all RMF3B Districts:
(2) Uses Permitted. No building or structure, or part thereof, shall be erected,
altered or used, or land used in whole or part for other than one or more of the
following specific uses:
a. Single family dwellings.
b. Zero lot line dwelling units.
c. Two family dwellings
d. Triplexes and quadruplexes.
e. Townhouses.
f. Low-rise apartments.
!iI. 1'.11 uses pormittod in tAB CF District.
R g. Publicly owned recreational buildings and facilities, playgrounds, playfields
and parks.
h- h. Uses accessory to any of the above uses when located on the same plot.
13\ Conditional Uses. The followina uses may be established if first approved as
a conditional use:
a. Uses that exceed the height limitations, but in no event shall uses
exceed seven stories or 90 feet in height.
b. All uses permitted in the CF District.
Section 2. Section 31-144 "Business Zoning Districts" of the City's Land
Development Regulations is hereby amended as follows:
Sec. 31-144. Business Zoning Districts...
(b) Neighborhood Business (B 1) District. The following shall apply to all B 1
Districts:
(1) Uses Permitted. No building or structure, or part thereof, shall be erected,
altered or used, or land used in whole or part for other than one or more of the
following specific uses provided the requirements set forth elsewhere in this
section are satisfied:
k. No sign of any type or character shall be exhibited or displayed outside
denoting that alcoholic beverages are obtainable within. Uses accessory to any
of the above uses when located on the same plot. All uses permitted in the CF
District.
(2) Conditional Uses. The following uses may be established if first approved as
a conditional use:
e. All uses permitted in the CF District.
(c) Community Business (B2) District. The following shall apply to all B2
Districts:
(2) Conditional Uses. The following uses may be established if first approved as
a conditional use:
k. All uses permitted in the CF District.
(d) Heavy Business (B3) District. The following shall apply to all B3 Districts:
(2) Conditional Use. The following uses may be established if first approved as a
conditional use:
f. All uses permitted in the CF District.
(e) Office Park (OP) District. The following shall apply to all OP Districts:
(1) Uses Permitted. No building or structure, or part thereof, shall be erected,
altered or used, or land used in whole or part for other than one or more of the
following specific uses provided the requirements set forth elsewhere in this
section are satisfied:
!iI. :\11 uses I3BrR'litted in tAB CF District.
g. Hotels, motels, resorts and time share units, subject to the following:
1. The minimum plot area shall be 1.5 acres
2. Any outdoor recreation areas including swimming pools shall be located at
least 25 feet from the plot line of any adjacent residentially zoned property and
screened from any such adjacent properties in accordance with the landscape
code.
3. The minimum floor area of a rental sleeping room in a motel or hotel, which
includes all areas to be individually rented by a customer, shall be 300 square
feet.
(2) Conditional Use. The following uses may be established if first approved as a
conditional use:
a. All uses permitted in the CF District.
(f) Medical Office (MO) District. The following shall apply to all MO Districts:
(1) Uses Permitted. No building or structure, or part thereof, shall be erected,
altered or used, or land used in whole or part for other than one or more of the
following specific uses provided the requirements set forth elsewhere in this
section are satisfied:
k. 1\lIl,lsos l3ermittee in tho CF District.
!s. Uses generally accessory to the above principal uses...
!. ALF
(2) Conditional Use. The following uses may be established if first approved as a
conditional use:
h. All uses permitted in the CF District.
Section 3. Section 31-145 "Business Zoning Districts" of the City's Land
Development Regulations is hereby amended as follows:
Sec. 31-145. Town Center Districts...
(b) Town Center District (TC1). The following shall apply to all TC1Districts:
(1) Uses Permitted. No building or structure, or part thereof, shall be erected,
altered or used, or land used in whole or part for other than one or more of the
following specific uses provided the requirements set forth elsewhere in this
section are satisfied:
b. 1\11 uses l3erR'litted in tAe CF District.
(2) Accessory Uses. Permitted incidental and accessory uses shall include:
13. 1\11 usos l3erR'litted as accessory I,lses in the CF, Community FaGilities District.
s.h. Outdoor dining as an accessory use to a permitted restaurant or retail use.
(3) Conditional Uses. The following uses may be established if first approved as
a conditional use:
I. All uses permitted in the CF District.
m. All uses permitted as accessory uses in the CF. Community Facilities District.
(b) Town Center Marine District (TC2). The following shall apply to all TC2
Districts:
(1) Uses Permitted. No building or structure, or part thereof, shall be erected,
altered or used, or land used in whole or part for other than one or more of the
following specific uses provided the requirements set forth elsewhere in this
section are satisfied:
o. 1\11 usos perR'litted in tho CF District.
(4) Conditional Uses. The following uses may be established if first approved as
a conditional use:
o. All uses Dermitted in the CF District.
Section 4. Severability. The provisions of this Ordinance are declared to be
severable and if any section, sentence, clause or phrase of this Ordinance shall for any
reason be held to be invalid or unconstitutional, such decision shall not affect the validity
of 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 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 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. This motion was seconded by Commissioner
and upon being put to a vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Patricia Rogers-Libert
Vice Mayor Harry Holzberg
Mayor Jeffrey M. Perlow
The foregoing Ordinance was offered by Commissioner
who moved its adoption on second reading. This motion was seconded by
Commissioner
and upon being put to a vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Patricia Rogers-Libert
Vice Mayor Harry Holzberg
Mayor Jeffrey M. Perlow
PASSED on first reading this 12th day of November, 2002.
PASSED AND ADOPTED on second reading this 7th day of January, 2003.
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
JEFFREY M. PERLOW, MAYOR
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami-Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
a.v. FERBEYRE, who on oath says that he or she is the
SUPERVISOR, Legal Notices of the Miami Daily Business
Review tlkle Miami Review, a daily (except Saturday, Sunday
and t#}gal Holidays) newspaper. pLJhlishfld at Miami in Miami-Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
CITY OF AVENTURA - PUBLIC HEARING - JAN. 7, 2003
APPLICATION NUMBER: 02-VAR-03
in the XXXX Court,
was published in said newspaper in the issues of
12/1e/2002
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Miami.Dade
County, Florida and that the said newspaper has
heretofore been continuously published in said Miami.Dade County,
Florida, each day (except Saturday, Sunday and Legal Holidays)
and has been entered as second class mail matter at the post
office in Miami in said Miami.Dade County, Florida, for a
period of one year next preceding the first publication of the
attached copy of advertisement; and affiant further says that he or
she has neither paid nor promised any person, firm or corporation
any discount, rebate, commission or refund for the purpose
of securi~~.~ertise e publication in the said
newspap~
(SEAL)
O.V. FERBEYRE P
MARIA I. MESA
.'
,.'"'!
:"','
Om and TIme
. 01 Public Hoofing:
Tue~.JilAuary7,2OO;l
6;llO.p,m.
ApplicantName,
Th!I applicant is.
Seplion~l- 75(b)(.4) 01
OJlI,I18(lt 13elllJl8lionS
sires offices at sites wi
mIQ'~ Il8nnanent
. iii i8.ve.' . .
AppUcatlonNumber: P2.VAR-03
$1!~~
Ings II, Inc.
dings III, Inc.
ing a variance from
City's Land Deve!-
ohibithlgtempofll,ry
out an approved site:
, \Y!!ichit is in~nded
;Appllcant'a RoqUlll:
,
'-" . -. \. ~J -
The'#nelolil"I~St.
',', ,.... :_' . .'1 .'
A portlooof lhi SWl(o: FraCllonoJ Section 3.
Township 52 South, 42 East, Miami-
Oa!ie C<lUnty. F1o~
Size of Subject
Properly:
Approximately 9:08. acr
Plans are on file and may be examined during. reg Iart>usfness hours in !
the City of Aventura Gove",ment Center, 19'2 West C<lUnlry Club'
Drive, Aventura. Aorida 33180. Planl may be 'fied It 0' bef0f8 the
Public Hearing. The appncation may change during ~ng process.
The Publie Heailng with_hetd at City 01 Aventur ~ment Ce,11er, ;
'19200 West Coulltry Club Drive, Avenlura. 33_ Your com-
. ments may be made In ......... at the hearillf/Ot In wifill9prior to the .
hearing date. ReIer to appI~ on and mall .
same to City of Av_ _ment Center, nity Development
Departmen~ 19200 west Country Club Drive, J\ "Florida 33180.
For further InfllA'llllliol1\pIease oaIl (305)
In accordance with die Am!Iric8n8 with .
sonl who ara disabled and who need lpecIaI
pate In !his prweedl"llll8awse 01 thet dIsaIlIllty
of the City CIetl<. (305)~1, notlaler1llan
.such proceedingl.
If a polllOn decides /Q.'lIPP8AI any decision
lion with respect to i!nY.~ considered ala
porson will need a recowbl the proceedin!l" and,
need to ensure thet a verbatim record of the
record Includes the testimony and evidence upon
. be basild.
'12118
Ac:t of 1990, all per-
. 10 partiel.
contalilJhe Office
deva priorto
by the CIty Commil.
or hearing, thet
r such purpose, may'
III made, which .
the appeal is to.
CMC,CltyCI8I1<
02:~73M'.
.'
~ht :.8tiami Htrat~ ImBII
Published Dailv
MIAMI, FLORIDA
STATE OF FLORIDA
COUNTY OF DADE
Before the undersigned authority personally appeared:
FRANK TOMASINO
Who on oath that he is
ADVERTISING OFFICE MANAGER
Of the Miami Herald Publishing Company. a daily newspaper at Miami in Dade
county, Florida; that the advertisement for City Of Aventura was published in said
newspaper in the issue of : Miami Herald. local section Thursday. November 21 st.
2002.
Affiant further says that the said Miami Herald is a newspaper published at Miami,
in the said Dade County. Florida. and that the said newspaper has heretofore been
continuously published in said Dade. County, Florida. each day and has been
entered as second class mail matter at the post office in Miami, in said Dade
County. Florida. for a period of one year next preceding the first publication of
the attached copy of advertisement.
FRANK TOMASINO
Sworn to and subscribed before me
ThiS;;< I day of \.11 ~A..- A.D. 2001
~~~11
Lisa Ann Hernandez /'
\"U'" L' An H d
"'~ lsa n ernan ez
t~~ \<PnmIRIrlOllfl.DD000617
;~\ ~: Expfrea Fob. 11,200S
-.9<1' ~l _ Thrn
.....I'j..,~I{~ Atla.nUc Boadfns Co.. Ine.
900 West 49th Street, Suite 500. Hialeah, Florida 33012
)KNIGHTRIDDER)
CITY OF A VENTURA.
NOTICE OF AMENDMENT OFCITy'iS,
LAND DEVELOPMENT REGULATIONS ,.
. i ~.
:~r
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