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10-07-2003C/~ Jeffrey M. Perlow, Mayor Zev Auerbach Jay R. Beskln Ken Cohen Bob Diamond Manny Grossman Harry Holzberg A v nt y of ul-a Eric M. Soroka Teresa M. Soroka, CMC Weiss Serota Helfman Pastoriaa Guedes Boniake & Cole AGENDA OCTOBER 7, 2003 6 PM 19200 West Country Club Drive Aventura, Florida 33180 CALL TO ORDER~ROLL CALL f0H0wing ACES B0D meting 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-j udieial in nature. If you wish to object or conm~ent upon any of these iten~s, please inforra the Mayor when be requests public conmaents. An opportunity for persons to speak on each item will be made available aRer the applicant and staffhave 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 croas-examination. If you refuse either to be crossq~xamined or to be sworn, your testimony will be given its due weight. The general public will not be penmtted to em-examine witoesses, but the public may request the C°rmmssion to ask questions of staff or wimesscs on their behalfi 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 RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, GRANTING CONDITIONAL USE APPROVAL TO PERMIT AN ELEVEN STORY, 129 FOOT HIGH RESIDENTIAL BUILDING WITH ARCHITECTURAL DESIGN OTHER THAN MEDITERRANEAN STYLE AND A TRANFER OF DENSITY FOR 0.344 ACRES FROM LAND TO BE DEDICATED TO THE CITY OF AVENTURA; FOR PROPERTY LOCATED AT 3029 NE 188 STREET; PROVIDING AN EFFECTIVE DATE. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, GRANTING CONDITIONAL USE APPROVAL TO PERMIT AN ELEVEN STORY, 135 FOOT HIGH RESIDENTIAL BUILDING WITH ARCHITECTURAL DESIGN OTHER THAN MEDITERRANEAN STYLE AND A TRANFER OF DENSITY ON 1.216 ACRES FROM LAND TO BE DEDICATED TO THE CITY OF AVENTURA; FOR PROPERTY LOCATED AT 3131 NE 188 STREET; PROVIDING AN EFFECTIVE DATE. Ce A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, GRANTING CONDITIONAL USE APPROVAL TO PERMIT A PLAY PARK/PET PARK IN THE RMF4 ZONING DISTRICT; GRANTING APPROVAL OF A VARIANCE FROM SECTION 31-172(C)(2) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW A DRIVEWAY SEPARATION OF 92 FEET OF LANDSCAPED FRONTAGE, WHERE A 150 FOOT SEPARATION IS REQUIRED BY CODE; FOR PROPERTY LOCATED AT 18375 NE 31 AVENUE, PROVIDING AN EFFECTIVE DATE. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA MODIFYING THE APPROVALS GRANTED PURSUANT TO RESOLUTION NO. 2002-31 ADOPTED ON JUNE 4, 2002; TO MODIFY SECTION 1 OF RESOLUTION TO PROVIDE A MAXIMUM DURATION OF VARIANCES FOR FOUR MONTHS FROM SEPTEMBER 4, 2003 TO JANUARY 4, 2004 FOR THE OPERATION OF THE HAND CAR WASH USE FOR PROPERTY LOCATED AT 2890 NE 187 STREET, CITY OF AVENTURA; PROVIDING FOR AN EFFECTIVE DATE. ELECTION OF VICE MAYOR AGENDA: Request for Deletions/Emergency Additions 6. SPECIAL PRESENTATIONS: None. 7. CONSENT AGENDA: Matters included under the Consent Agenda are self-explanatory and are not expected to require discussion or review. Items will be enacted by one motion. If discussion is desired by any member of the Commission, that item must be removed from the Consent Agenda and considered separately. A. APPROVAL OF MINUTES: September 2, 2003 Commission Meeting September 4, 2003 First Budget Public Hearing September 18, 2003 Workshop Meeting September 18, 2003 Second Budget Public Hearing A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE AND OTHERWISE ENTER INTO THAT CERTAIN ADDENDUM TO THE COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF AVENTURA AND THE DADE COUNTY POLICE BENEVOLENT ASSOCIATION, OCTOBER 1, 2002 TO SEPTEMBER 30, 2005, ATTACHED HERETO, WHICH 2 ADDENDUM SHALL BE EFFECTIVE UPON SIGNATURE BY THE CITY MANAGER AND THE DADE COUNTY POLICE BENEVOLENT ASSOCIATION; 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 addendum to the collective bargaining agreement with Police Benevolent Association) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA DECLARING CERTAIN PROPERTY LISTED UNDER THE ASSETS OF THE CITY AS SURPLUS TO THE NEEDS OF THE CITY; DESCRIBING THE MANNER OF DISPOSAL; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. (Declares certain property in Police Department surplus and provides for disposal) A RESOLUTION OF THE CITY COMMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED WORK AUTHORIZATION # 01-0103-036 FOR PROFESSIONAL CONSULTING SERVICES WITH CRAVEN THOMPSON AND ASSOCIATES, INC. TO PREPARE SPECIFICATIONS AND BID DOCUMENTS FOR THE DEVELOPMENT OF TRAFFIC VIDEO MONITORING SYSTEMS AT THE INTERSECTIONS OF BISCAYNE BOULEVARD AND N.E. 183m~ STREET AND MIAMI GARDENS DRIVE FOR THE AMOUNT OF $60,800.00; 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 Work Authorization for preparation of bid specs for installation of two video traffic monitor devices at Biscayne Boulevard at Miami Gardens Drive and Biscayne Boulevard at 183~ Street) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AWARDING A CONTRACT FOR THE CITY'S PROPERTY AND LIABILITY INSURANCE TO THE FLORIDA MUNICIPAL INSURANCE TRUST; AUTHORIZING THE CITY MANAGER, ON BEHALF OF SAID CITY, TO EXECUTE ASSOCIATED CONTRACTS; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS 3 NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. (Awards contract for property and liability insurance to the Florida Municipal Insurance Trust) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED LOCAL AGENCY CERTIFICATION QUALIFICATION AGREEMENT BETWEEN THE CITY OF AVENTURA AND THE FLORIDA DEPARTMENT OF TRANSPORTATION; ALLOWING THE CITY TO QUALIFY FOR FEDERAL DEMONSTRATION FUNDS THROUGH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR REIMBURSEMENT ON APPLICABLE CITY IMPROVEMENT PROJECTS; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. (Authorizes City Manager to execute Local Agency Certification Qualification Agreement with Florida Department of Transportation to secure federal demonstration funds for bike path projects) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT FOR BID NO. 03-09-23-2, PLAY AREA/PET PARK IMPROVEMENTS, TO MIAMI SKYLINE CONSTRUCTION AT THE BID PRICE OF $458,040.33 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. (Awards bid for construction of a pet/play park at NE 31st Avenue including lighting, landscaping, parking, drainage and water service) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT FOR BID NO. 03-9-23-2, BISCAYNE BOULEVARD LANDSCAPE MAINTENANCE, TO LUKE'S LANDSCAPING, INC., AT THE BID PRICE OF $447,418; AUTHORIZING THE CITY MANAGER TO EXECUTE ASSOCIATED CONTRACTS; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION 4 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. (Awards bid for Biscayne Boulevard landscape maintenance) 8. ORDINANCES: FIRST READING/PUBLIC INPUT: None. 9. PUBLIC HEARING: ORDINANCES - SECOND READING: None. 'l 0. RESOLUTIONS: None. 'l 'l. OTHER BUSINESS: DISCUSSION AND POSSIBLE ACTION REGARDING TERM LIMITS 'l 9. PUBLIC COMMENTS 13. REPORTS 14. ADJOURNMENT SCHEDULE OF FUTURE MEETINGS/EVENTS COMMISSION MEETING COMMISSION WORKSHOP NOVEMER 4, 2003 6 P.M. NOVEMBER 20, 2003 10 A.M. This meeting is open to the public. In accordance with the Americans with Disabilities Act of 1990, all persons who a~ disabled and who need special accommodations to participate in this meeting because of that disability should contact the Office of the City Clerk, 305466-8901, 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 mattor 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 b~ viewed at the Office of thc City Clerk, City o£ Aventura Govemrn~t Center, 19200 W. CountW Club Drive, Aventura, Florida, 33180. Anyone w~shing to obtain a copy o£any agenda item should contact the City Clerk at 305466- 8901. CiTY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: FROM: BY: City Commission Eric M. Soroka, IC.,M'A,CyM City Manager Joanne Carr, AICPF, Planning Director DATE: August 17, 2003 SUBJECT: Request of Investura, LLC for Conditional Use Approval Uptown Marina Lofts 3029 NE 188 Street, Aventura (05-CU-03) October 7, 2003 City Commission Meeting Agenda Item RECOMMENDATION It is recommended that the City Commission approve the request for conditional use approval for Uptown Marina Lofts development project, subject to the conditions outlined in this report. THE REQUES~ The applicant, Investura, LLC, is requesting Conditional Use approval to permit the following uses for residential development known as Uptown Marina Lofts on NE 188 Street: 1. A height of 11 stories or 129 feet for the residential building. 2. Architectural design standards other than the Mediterranean design features required by Section 31-143(g)(6)(a) of the City's Land Development Regulations. 3. A transfer of density for 0.344 acres from a parcel of land to be conveyed to the City for educational, recreational or cultural purposes. (See Exhibit #1 for Letter of Intent) BACKGROUND OWNER OF PROPERTY APPLICANT ADDRESS OFPROPERTY LEGAL DESCRIPTION SIZE OF PROPERTY Investura LLC Investura LLC 3029 NE 188 Street, Aventura (See Exhibit #2 for Location Plan and Exhibit #3 for Aerial Photograph) Part of Section 3, Township 52 South, Range 42 East, City of Aventura, Miami-Dade County, Florida (See Exhibit #4 for complete legal description) Approximately 5.828 acres (3.741 upland, 2.087 submerged land) EXISTING ZONING RMF3B, Multi-Family Residential District Medium Density FUTURE LAND USE DESIGNATION Medium High Density Residential The Site - The subject site is located on the north side of NE 188 Street, immediately east of the Harbour Centre office site. The Project - The applicant has submitted a site plan for development of 216 residential condominium units in an eleven story, 129 foot high building. Nine levels of residences sit on top of two parking levels. Recreational amenities are situated on the rooftop of the garage levels. A water promenade has been designed in accordance with the City's Promenade Specifications. Color renderings of the architectural design of the front and rear of the building are attached as Exhibit #5. The development parcel measures 5.828 acres, comprised of 3.741 acres upland and 2.087 acres of submerged lands. The applicant is further requesting a transfer of density from the land to be dedicated to the City on 0.344 acres. Total density permitted on 6.172 acres, at 35 dwelling units per acre, is 216 units. 216 units are proposed. ANALYSIS Citizen Comments - The Community Development Department has received no written citizen comments about this application. 2 Community Development Department Analysis - At its June 3, 2003 meeting, City Commission passed Ordinance No. 2003-08, which ordinance amended the RMF3B zoning district site development standards. Section 31-143(g) of the City's Land Development Regulations were amended to provide the following: "(g) Multifamily Medium Density Residential Districts (RMF3B). (9) Bonus hei.qht provisions. If the applicant for a development permit under this section 31-143(.q) proposes to dedicate land to the City for educational, recreational or cultural municipal purposes, which land is acceptable to the City Commission, the City Commission may approve a bonus hei.qht for any multifamily buildinq not to exceed a maximum of eleven stories or 135 feet, subiect to the provisions hereof. Where the Commission approves such bonus hei.qht, the followinq standards shall apply: a. The development permit shall be considered a conditional use and the application shall be subiect to the conditional use requirements of Section 31-73. b. The minimum size of the dedicated land shall be 1.5 acres. c. At the discretion of the City Commission, the density otherwise available on the land to be dedicated may be transferred, and credit for acrea.qe in the dedicated land in the calculation of the lot coveraqe otherwise required may be .qranted, in whole or in part, to (1) the parcel that receives the conditional use approval or (2) any adiacent property that 3 is located on the same side of the street as the applicant and that is bound to the applicant's site by a declaration of restrictive covenant entered into between the properties. The restrictive covenant shall be made part of the conditional use approval, shall be in a form acceptable to the City Attorney, and shall be filed at the applicant's expense in th~. public records of Miami-Dade County. If multiple property owners propose to dedicate the same land to receive the hei.qht bonus allowable pursuant to this section 31-143(q), then each property owner shall apply for conditional use approval and meet the criteria of this section. Multiple property owners may be eliqible for such approvals only if they own adiacent properties located on the same side of the street; and the properties must be bound by a declaration of restrictive covenant, made part of each conditional use approval, in a form acceptable to the City Attorney, and filed at the owners' expense in the public records of Miami-Dade County. The form of the conveyance shall be approved by the City Attorney. Minimum open space shall be 40 percent of the total lot area. Any structure parkinq servin.q the primary use on the site 4 shall be incorporated into the buildinq envelope and shall be compatibly desi.qned. Such parkin.q structure shall comply with all minimum setback and buffer yard requirements and shall be counted in computinq buildinq heiqht. h. There shall be no maximum floor area ratio. i. As part of the conditional use approval, the City Commission may approve architectural desi.qn standards other than th~. Mediterranean desiqn features required under Section 31- 143(q)(6)a. of the Land Development Requlations. j. All other provisions of the Land Development Requlations shall apply." The applicant proposes to dedicate a parcel land measuring 1.56 acres to the City jointly with the landowner to the east and requests conditional use approval for increased height, transfer of density and an architectural design other than Mediterranean style. Criteria According to Section 31-73 of the City Code, an application for Conditional Use will be evaluated using the following criteria: (a) The proposed use shall be consistent with the comprehensive plan. The use is consistent with the City of Aventura Comprehensive Plan, which designates the future land use category for this site as Medium High Density Residential. (b) The establishment, maintenance or operation of the proposed use shaft not be detrimental to or endanger the public health, safety or general welfare. The establishment, maintenance or operation of the proposed use will not be detrimental to or endanger the public health, safety or general welfare. (c) The proposed use shall be consistent with the community character of the immediate neighborhood of the proposed use. 5 The proposed use is consistent with the residential community character of the immediate neighborhood of the proposed use. (d) Utilities, roadway capacity, drainage and other necessary public facilities, including police, fire and emergency services, shall exist at the City's adopted levels of service, or wi// be available concurrent with demand as provided for in the requirements of these LDRs. The applicant's engineer has confirmed in the letter attached as Exhibit #6 that utilities, roadway capacity, drainage and other necessary public facilities shall exist at the City's adopted levels of service or will be available concurrent with demand as provided for in the requirements of the City's Land Development Regulations. The letter notes that sanitary sewer capacity will be available upon completion of a new regional pump station. (e) Adequate measures exist or shall be taken to provide ingress and egress to the proposed use in a manner that minimizes traffic congestion in the pubfic streets. Ingress and egress to the residential building is proposed by way of an entrance/exit drive to the main lobby from NE 188 Street and a service entry at the east limit of the site to the loading area. The recent reconstruction of NE 188 Street by the City will accommodate all projected traffic for the proposed use. (f) The establishment of the conditional use shall not impede the development of surrounding properties for uses permitted in the zoning district. The establishment of the conditional use shall not impede the development of surrounding properties for uses permitted in the zoning district. The properties to the north and west are developed. The properties to the south and east are zoned for residential use. (g) The design of the proposed use shall minimize adverse effects, including visual impacts, of the proposed use on adjacent property through the use of building orientation, setbacks, buffers, landscaping and other design criteria. The building footprint is angled to minimize visual impact of the proposed height. Differing parapet levels contribute to visual interest. The street facade of the two levels of parking has been designed with wooden louvers to screen vehicles and landscaping between the structure and the street sidewalk will create a pleasant pedestrian view at street level. CONDITIONS It is recommended that the City Commission approve the request for the Conditional Use, subject to the following conditions: 6 1. Plans shall substantially comply with those submitted as follows: "Uptown Marina Loft at Aventura", Cover Sheet, Sheet 0, prepared by Kobi Karp Architects Interior Designers, dated 5/09/03, revised 07/01/03, signed and sealed 07/24/03. · "Uptown Marina Lofts", Boundary Survey, Sheet 1 of 1, prepared by For'tin Leavy Skiles Inc., dated 7/17/03, revised 06/09/03, signed and sealed. · "Uptown Marina Loft at Aventura", Project Data Sheet, Sheet i, dated 5/09/03, revised 07/01/03, signed and sealed 07/24/03. · "Uptown Marina Loft at Aventura", Site Plan, Sheet A-0, dated 5/09/03, revised 7/01/03, signed and sealed 07/24/03. · "Uptown Marina Loft at Aventura", Level 1 Lobby, Sheet A-l, dated 5/09/03, revised 07/01/03, signed and sealed 07/24/03. · "Uptown Marina Loft at Aventura", Level 2 Parking, Sheet A-2, dated 5/09/03, revised 07/01/03, signed and sealed 07/24/03. · "Uptown Marina Loft at Aventura", 3rd Level Lanai, Sheet A-3, dated 5/09/03, revised 07/01/03, signed and sealed 07/24/03. · "Uptown Marina Loft at Aventura", Level 4, Sheet A-4, dated 5/09/03, revised 07/01/03, signed and sealed 07/24/03. · "Uptown Marina Loft at Aventura", Levels 5-11, Sheet A-4.1, dated 5/09/03, revised 07/01/03, signed and sealed 07/24/03. · "Uptown Marina Loft at Aventura", Main Roof Deck, Sheet A-5, dated 5/09/03, revised 07/01/03, signed and sealed 07/24/03. · "Uptown Marina Loft at Aventura", Roof (Machine Rooms), Sheet A-6, dated 5/09/03, revised 07/01/03, signed and sealed 07/24/03. · "Uptown Marina Loft at Aventura", Elevations, Sheet A-7, dated 5/09/03, revised 07/01/03, signed and sealed 07/24/03. · "Uptown Marina Loft at Aventura", Elevations, Sheet A-8, dated 5/09/03, revised 07/01/03, signed and sealed 07/24/03. · "Uptown Marina Loft at Aventura", Typical Units, Sheet A-9, dated 5/09/03, revised 07/01/03, signed and sealed 07/24/03. · "Uptown Marina Loft at Aventura", Common Areas, Sheet A-9.1, dated 5/09/03, revised 07/01/03, signed and sealed 07/24/03. · "Uptown Marina Loft at Aventura", Typical Units - Level 4th, Sheet A-10, dated 5/09/03, revised 07/01/03, signed and sealed 07/24/03. · "Uptown Marina Loft at Aventura", Conceptual Paving, Drainage, Water and Sewer Plan, Sheet 1 of 1, prepared by Fortin Leavy Skiles Inc., dated 5/5/03, revised 07/01/03, signed and sealed 07/28/03. 7 "Uptown Marina Loft at Aventura", Landscape Plan, Drawing No. L-l, prepared by Witkin Design Group, dated 12/18/02, revised 02/26/03, 07/01/03, 07/16/03, signed and sealed 07/23/03. "Uptown Marina Loft at Aventura", Landscape Plan, Drawing No. L-2, prepared by Witkin Design Group, dated 12/18/02, revised 02/26/03, 07/01/03, 07/16/03, signed and sealed 07/23/03. "Uptown Marina Loft at Aventura", Landscape List, Drawing No. L-3, prepared by Witkin Design Group, dated 12/18/02, revised 02/26/03, 07/01/03, 07/16/03, signed and sealed 07/23/03. "Uptown Marina Loft at Aventura", Promenade Details, Drawing No. L-4, prepared by Witkin Design Group, dated 12/18/02, revised 07/16/03, signed and sealed 07/23/03. Building permits shall be obtained within twelve (12) months of the date of this conditional use approval, failing which this approval shall be null and void unless extended by motion of the City Commission. 3. Any discontinuation of an approved conditional use for a period of 180 consecutive days shall constitute abandonment and shall rescind the approval of the conditional use, 4. Within sixty (60) days of the date of this approval, unless otherwise agreed to by the City Manager, the applicant shall: (i) dedicate to the City for educational, recreational or cultural municipal purposes, that parcel of land measuring 1.56 acres in size lying on the north side of NE 188 Street adjacent to the proposed Atrium residential development, as described in Exhibit A, in a form acceptable to the City Manager and City Attorney. (ii) provide to the City, a Declaration of Restrictive Covenants in Lieu of Unity of Title binding this property with the proposed Atrium residential site, in form acceptable to the City Manager and the City Attorney and filed at the applicant's expense in the public records of Miami-Dade County. 8 Ms. Joann Cart Planning Directar City of Aventu~ 19~00 We~ CounUy Club Drivu Aventura. Florida 33180 September 30, 2003 EXHIBIT #1 05-CU-03 Re: Uptown Marina Lofts at Aventura / Application for Conditional Use Approval / Amended Letter of Intent Cart: On behalf of lnvcstura, LLC, ("lnvestura') ! reapcct~lly mlbmit this letter of retest as pail of investura's publie hearing application for Conditional Use Approval pursuant to Section 31-143(~X9) of the Aventura Land Development l~e~ulntions, l~veatura proposes to develop a multifamily residential facility nen~ed "Uptown Marina LoPs at Aventura", consisting of 216 residential units in an eleven (11) story high building on approximately 3.741 net acres located at 3025 N.£. 188~h Street. Approval of this application would perm.it Investura to construct up to its curtcntly proposed height of ti stories in exchange for a dedication of lend to the City of Aventura which will be utilized for the construction ufa charter middle school. On June 3, 2003, tlle Aventura City Commission adopted Ordinance No. 2003-08 which amended Section 3 t * 143(g) of thc Aventura Land Development Regulations to read, in pcdinent part, as follows: (g) Multifamlly Medium Densit~ Residential Districts (RMF3B) (9) Bonus heisht provisions. If the applicant for a development permit under this section 31-143(g) proposes to dedieste land to thc City for educational, rectcaliorml, or cultural municipal purposes, which land is acceptable to thc City Commission, the City Commission may approve a bonus heigkt for nay mmltlfamfly building not to exceed it maximum of eleven stories ur 135 feet, subject to the provisions hcrenf. Where the Commission approves such bonus height, the following stmidards shall apply:. September 30, 2003 Page 2 a. The development permit shall bo comtdered a ~ us~ ~d ~e ~m 31-~73. b. ~e m~imum si~ of ~ d~a~ I~ shall be t.5 ~. c. At t~ ~on of ~ Ci~ Co~n~ ~e dens~ o~e~ nv~ab~ on ~ hud ~ be d~ m~ ~ t~us~ ~ ~R for ncr~e b ~ dedkn~ !~ ~ ~e ~tau~ o~ t~ ~ge ~e~ ~uired my ~ g~ Ju ~me or m pa~ to (1) ~e p~l ~nt ~iv, ~e ~udMu~ ~ spp~vnl... d. If multiple properly owners ptopo~e to d~iicato thc same land to receive the height bonus allowable pursuant to this section 31.143{g), then each prope~y ownor shall apply for conditionul uae approval and mae( th~ criteria of this section, Multiple property owners may be eligible for such approvals only if they own adjacent properties located on the same side of the street; and the propedies must be bound by a declaration of tostrictive covenants made pm of each conditional uso wi~pmval in n form acceptable to the City Attorney, nnd filed al thc owner's expense in the public records of Miami-Dnde County. f. Minimum open space shall be 40 petoent oftbe total lot area. h. There shall be no umximum final' area i. As part of thc condi6onal use eppmval, the Cl~ Comnl~ion my approve m~bi~l deallu staudm'ds other thru the MediterFnnean dml~l~ remm requital under See~on 31- 143(~X6)a~ of the Land Deydopment Regulnttom. lnvesmra along with Vermvantur~ LLC ("Veuaventm'."), the owner of the prope~y adjacem to the caaterly side of Investora's property, propose to dedicate tho land described in the attached Exhibit "A" to the City of Avantma for the purpose of developing n clumer middle school. The property proposed for dedication is 1.56 acres in size and is to the immediate west of the new Aventura elementary chaffer school. In =xolumg= for the dedication of this land, lnvestma Ga]~agac Tasyam, P.A. September 30, 2003 pa~e 3 respect~lly requests that tho ex)nditional tm~ approval allow that its tmilding be developed to a I..cisht of 11 stories, that credit for acreage in thc dedicated land in the calculation or' thc lot coverage required be granted in whole, that no maximum floor area ratio limit hc placed on thc development, and that design mndards other than the Mudite~enean design features he approved, lnvcstur~'s proposed development satisfies the other criteria of Section 31-143(gX9) in that thc open space provided is 41.81% of thc total lot area, a declaration of restrictive covenents betwemi thc Investura and Vanaventura prcqxvties hits been proffered and is attached .s ~.~,a,i, -n- and thc conditinnai use crit~ia of Section 3t-73 of thc Aventxaa Lend Development ReBulations ere satisfied as is folly explained below. Section 31-73(c) of the Aventura Land Development p~uhtions provides the following criteria for conditional usc approvals: (1) The proposed use shall bc cons~ent with th~ Comprehensive PI~; (2) Thc eatabltslunent, maintenance or operation of thc prop~ use shall not bc dcirimontal to or endanser the public health, safety, or ~eneral welfare. (3) The proposed use shall be consistent with tho commlmity character of the immediate neighborhood of the proposed usc; (4) Utilities. roadway capacity, drainage, and other necessary public facilities. including police, fire and emergen0y sm'vices, shall oxlst at the City's adopted levels of' service, or will hc available concuffent with demand as provided for in the requirements of theses LDP. s; (5) Adequate measures exist or shall be taken to provide in,ess and c[~rees to thc proposed usc in a manner that minimizes ffatTtc congestion in thc (6) Tho emblishment of the conditional ese shall not impedo the development of tho ~u~rounding pn~ertio~ tot u~es pon~Rted in the zoning didier; and (7) The design of the propo~d use shall m~mi~o adverse effects, including visual impacts, of ~e proposed ~e on edjn~¢nt property tl~ough the uso of building orientation, s~backs, buffe~, Inndsoapin~ and other design o'dteria, September 30, 2003 Paso 4 and (6) outlined above a~ satisfied by thc pmpoacd development in t~t it wilt Criteria (1),(3), ' ' use which is consistent with the Comprohcnsive Plan and the mcreasmgly consist of a residential .... ,-,-.--~--.~ nn~ in no way impedes the development o.f ,~tentiel nnturc of tbe surtounams nm..~,~.,,==. · ;-'-,-'-, ~dte~a f2L~4),(5), ana "~"" . ..... ... ~,.. ,,o,.. n~'mRtcd tn the !~'~1~ zomn~ msu~vs ......... (7) ~re .satisfied by the pmpused development in that su~ctent infrastructure capncity and orouurty are uT will be av~ilnble, thc ph~ical,end design charac~ri~c.s the proposed development will oo rev~wea ann apF~u-,~ ,,: Plenn .~ increased hcight of the proposed building will not be detrimental or endanger the public health, s~fety, and general welfare. We respectfully submit that this application satisfies all applicable conditlonsl usc criteria. This application is an es~enliel part of a propo~d which will provide thc City of Aventura the option to opc~ a charter middle se. hoot for thc benefit of its younger residents or to use the dedicated prOpe~y for any othor approved public use. Approval of this application would bc great stop forward in providing fo~her public amenities to Av~ntttra families and in truly creating a "City of Excollence". Wc respectfully r~lucst your favorable consideration of this application and ~ that you sched~tie it for thc Scptember 2, 2003, meeting of thc Aventura City Commission. If you Imve any qucstious, or wish to discuss this mattcr flu'thor plcase contact mo at 305-5'/9.0613 or my Associatc, Matin Gercia-Serra, at 305.579-0837. Thank you for your attention ~o this matter. Sincerely. ~c~' -ClitYord A, Schulman Mr. Gilhcrt Benhamou Mr. Clandin Stivelman (~#ERNngJtC T~*~I~IG, P.A, EXHIBIT "A" LEGAL DESCRIPTION Beginning at Northwest comer of East 1/2 of Northeast 1/4 of Southwest 1/4 South 1072.11 ft. East 1597.55 ft. North 312.98 ft. to centerline of canal East 218.71 ft. South 310.18 ft. West 218.70 ft. to point of beginning subject to easement, all in Section 3, Township 52, Range 42. This instrument was prepared by or under the supervision of: Name: Clifford A. Schulman, Esq. Address: 1221 Brickell Avenue Miami, FL 33131 EXHIBIT "F", (Space reserved for Clerk) COVENANT RUNNING WITH THE LAND 1~ LIEU OF UNITY OF TITLE KNOW ALL BY THESE PRESENTS that the undersigned (collectively, the "Owners") hereby make, declare and impose on the land herein described, the easements and covenant running with the title to the land, which shall be binding on the Owners, all heirs, successors and assigns, personal representatives, mortgagees, lessees, and against all persons claiming by, through or under them; WHEREAS, VENAVENTUKA, L.L.C., a Florida limited liability company, holds the fee simple title to the land in the City of Aventura, Miami-Dade County, Florida, described in Exhibit "A" (the "Atrium Property"), attached hereto and made a part hereof; and WHEREAS, INVESTURA, LLC, a Florida limited liability company, holds the fee simple title to the land in the City of Aventura, Miami-Dade County, Florida, described in Exhibit "B" (the "Lofts Propertf'), attached hereto and made a part hereof; and WHEREAS, the Owners of the Atrium Property and the Lofts Property have sought conditional use approval of the City of Aventura to construct on their properties in accordance with site plans so that the properties can be separately sold and developed for the projects noted below, or any other future projects that may be approved by the City of Aventura; and WHEREAS, the Owners of the properties may wish to convey portions of that property fi.om time to time, and may wish to offer units as condominiums or in fee simple; and WHEREAS, this instrument is executed in order to assure that the future multiple ownership will not violate the Zoning Code of the City of Aventura and to effect the release of the Covenants noted above. NOW THEREFORE, in consideration of the premises, Owners hereby collectively agree, for their individual properties and the totality of land encumbered hereby, as follows: The Atrium Property will be developed in conformity with the plans enumerated as part of the Conditional Use Approval for Venaventura, LLC and more specifically referenced in Site Plan Approval 06-CU-03, attached hereto and made a part hereof as Exhibit C. No modification shall be effected in said site plan without the written consent of the then owner(s) of the Atrium Property, as to changes specifically proposed for their Tract or Parcel or Lot, and the City Manager of the City of Aventura, and provided the City City Use Only Legal Verified__ Covenant Running with the Land in Lieu of Unity of Title Page 2 Manager fmds that the modification is not a major modification and conforms with the standards established in the City of Aventura Land Development Regulations, and provided further, that should the City Manager withhold such approval, the then owner(s) of the Atrium Property, shall be permitted to seek such modification by application to modify the plan and/or covenant at public heating before the City of Aventura City Commission. The Lofts Property will be developed in conformity with the plans enumerated as part of the Conditional Use Approval for the Investura, LLC and more specifically referenced in Conditional Use Approval (05-CU-03), attached hereto and made a part hereof as Exhibit D. No modification shall be effected in said site plan without the written consent of the then owner(s) of the Lofts Property, as to changes specifically proposed for their Tract or Parcel or Lot, and the City Manager of the City of Aventura, and provided the City Manager finds that the modification is not a majm: modification and conforms with the standards established in the City of Aventura Land Development Regulations, and provided further, that should the City Manager withhold such approval, the then owner(s) of the Lofts Property, shall be permitted to seek such modification by application to modify the plan and/or covenant at public heating before the City of Aventura City Commission. If either Property is developed in phases, each phase will be developed in accordance with the Site Plan Approvals except as otherwise modified. In the event of multiple ownership subsequent to the Site Plan Approvals, each of the subsequent owners, mortgagees and other parties in interest of the Atrium and Lofts Properties shall be bound by the terms, provisions and conditions of this instrument. Owners further agree that they will not convey portions of the properties, other than individual condominium units, to other parties unless and until Owners and such other party or parties shall have executed and mutually delivered in recordable form, an instrument to be known as an "Easement and Operating Agreement" which shall contain, among other things: (i) easements in the common area of each parcel for ingress to and egress from other parcels; (ii) easements in the common area of each parcel for the passage and parking of vehicles; (iii) easements in the common area of each parcel for the passage and accommodation of pedestrians; (iv) easements for access roads across the cormnon area of each parcel to public and private roadways; City Use Only Legal Verified __ Covenant Running with the Laud in' Lieu of Unity of Title Page 3 (v) (vi) (vii) (viii) (ix) (x) (xi) easements for the installation, use, operation, maintenance, repair, replacement, relocation and removal of utility facilities in appropriate areas in each such parcel; easements on each such parcel for construction of buildings and improvements in favor of each such other parcel; easements upon each such parcel in favor of each adjoining parcel for the installation, use, maintenance, repair, replacement and removal of common construction improvements such as footings, supports and foundations; easements on each parcel for attachment of buildings; easements on each such parcel for building overhangs, other overhangs and projections encroaching upon such parcel from adjoining parcel such as, by way of example, marquees, canopies, lights, lighting devices, awnings, wing walls and the like; appropriate reservation of rights to grant easements to utility companies; appropriate reservation of rights to dedicate road rights-of-way and curb cuts; (xii) easements in favor of each such parcel for pedestrian and vehicular traffic over dedicated private ring roads and access roads; and (xiii) appropriate agreements between the owners of the several parcels as to the obligation to maintain and repair all private roadways, parking facilities, common areas and the like. The easement provisions or portions thereof, may be waived in writing by the City Manager, or his/her designee if they are not applicable to the subject applications. When executed, the Easement and Operating Agreement shall not be amended without the prior written approval of the Office of the City Attorney of the City of Aventura. Such Easement and Operating Agreement may contain such other provisions with respect to thc operation, maintenance and development of the Atrium and Lofts Property as to which the parties thereto may agree or the City Manager may require, all to the end that although the properties may have several owners, it will be constructed, conveyed, maintained and operated in accordance with the Site Plan Approvals and in n coordinated and unified manner. The provisions of this instrument shall become effective upon their recordation in the Public Records of Miami-Dade County, Florida, and shall continue in effect for a period of thirty (30) years after the date of such recordation, after which time they shall be extended automatically for successive periods of ten (10) years each, unless released in writing by the then owners of the properties, as to their affected property, and the City Manger acting for and on behalf of the City of Aventura, Florida, upon the demonstration City Use Only Legal Verified __ Covenant Running with the Laud in Lieu of Unity of Title Page 4 10. 11. and affirmative finding that the same is no longer necessary to preserve and protect such property for the purposes herein intended. The provisions of this instrument may be amended, modified or released by a written instrument executed by the then Owner or Owners of the affected Tract or Parcel, with joinders by alt of their respective mortgagees, if any, and subject to the approval and consent of the City Manager or his or her successor. Enforcement shall be by action against any parties or persons violating or attempting to violate any covenants contained herein. The prevailing patty to any action or suit pertaining to or arising out of this Declaration shall be entitled to recover, in addition to costs and disbursements allowed by law, such sum as the Court may adjudge to be reasonable attorneys' fees. This enforcement provision shall be in addition to any other remedies available at law, in equity or both. Invalidation of any of these covenants by judgment of Court shall not affect any of the other provisions, which shall remain in full force and effect. All rights, remedies and privileges granted herein shall be deemed to be cumulative and the exercise of any one or more shall neither be deemed to constitute an election of remedies, nor shall it preclude the party exercising the same from exercising such other additional rights, remedies or privileges. In the event of a violation of this Declaration, in addition to any other remedies available, the City of Aventura is hereby authorized to withhold any future permits, and refuse to make any inspections or grant any approval, until such time as this Declaration is complied with. This Declaration shall be recorded in the public records of Miami-Dade County at the Owners' expense. THE REMAINDER OF THIS PAGE IN INTENTIONALLY LEFT BLANK City Use Only Legal Verified __ Covenant Running with the Land in Lieu of Unity of Title Page 5 ACCEPTED by the City of Aventura, this day of ,2003. CITY OF AVENTURA BY: City Manager Approved: Attest: City Attorney City Clerk STATE OF FLORIDA ) iSS COUNTY OF MIAMI-DADE ) (SE L) The foregoing instrument was acknowledged before me this day of , 2003, by Eric Soroka, City Manager for the City of Aventura., on behalf of said city, who is personally known to me or produced as identification. My Commission Expires: Print Name: Title: Serial No.: , a Florida Limitied Liability Coropopration. By: , President Print Name, Title Sign: Wimess (Print Name) City Use Only Legal Verified Covenant Running with the Land in Lieu of Unity of Title Page 6 Sign: Witness (Print Name) STATE OF FLORIDA ) ~SS COUNTY OF MIAMI-DADE ) The foregoing instrument was acknowledged before me this day of , 2003, by , the President of , on behalf of said corporation, who is personally known to me or produced as identification. My Commission Expires: Print Nme: Title: Serial No.: Liability Corporation , a Florida Limited By: Print Name, Title ., President Sign: Witness (Print Name) Sign: Witness (Print Name) City Use Only Legal Verified Covenant Running with the Laud in Lieu of Unity of Title Page 7 STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this , the President of who is personally known to me or produced day of ,2003, by , on behalf of said corporation, as identification. My Commission Expires: Print Name: Title: Serial No.: City Use Only Legal Verified __ B ROWARD COUNT~ DADE COUNTY IVES DAIRY RD. Shops 203 ST. WATERWAYS CIRCLE WAY Shoppes 207 ST. ~) 3LOB DR. \ 201TER. ~ Resort & Club AVENTUR~A Reax.ue Aventura Station ~b~ ' Aventura Mall GARDENS DR. ,~ity of Aventura · 192 ST. 192 ST. Loehmalttt'$ Fashion l$1and Maule La'ke Marina Lofts Site B~ W~lliams Sound Dumfoundling · Atlantic Ocean LEGEND 0 Roadways = = = = = · City Boundary ......... ZIP Code Boundary ........... Railroad EXHIBIT #3 05-CU-03 EXHIBIT #4 05-0U-03 Parcel A: ~,ten~ M' 1107.11 feet; thenoe Nag"'20'~5'E let ,E.~,_~t..,.l ,1/4 of. t~e Seu~; I/4 ef t~ eeld Se~ien 3. ' AND Pamel B: A por6mt of the So~th 1/2 of Secfio~ 3, Tow~htp 52 So~th, Range 42 ~ ~ ~unty. ~; ~i~ ~ ~ ~ ~ f~: ~ ~ ~ ~ ~ ~ ~ 3; ~ ~'~ al~ ~ ~ ~.~ ~ ~ ~ 1/2 ~ ~ ~ I/4 ~ ~ ~ I/4 ~ ~ ~ ~ 1/4 ~ ~ ~%~-~[ I/4 ~ ~ ~ 3. f~ 1107.11 f~ ~ ~20'~ f~ 498.41 f~ ~ ~3g'~ f~ ~.~ ~ ~ 6~ f~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~3a'~ f~ 2~.05 f~ te ~ ~ ~ ~. ~D Parcel C: Cemm~ et I~e center of Section 3. Tmm~hip 52 ~ Range ~ ~ 1/4 ~ ~ ~ ~ ~ f~ ~ ~ ~ ~0~6 1/4~~~ ~3g.~~ ~ ~ f~ a (~ ~ 1107.11 f~ ~ ~ ~.~- A portion of Tract N of MARINA DEL REY REVISED according to the plat thereof, as recorded in Plat Book 144 at Page 89 of the Public Records of Miami-Dade County, Florida and being more particularly described as follows: Commence at the Northwest comer of said Tract N; thence South 02°24'12" East along the West line of said Tract N for 326.46 feet; thence North 87o30'00'' East along the South line of said Tract N for 211.62 feet to the Point of Beginning of the hereinafter described submerged parcel; thence South 02o30'00'' East along the West line of said Tract N for 62.50 feet to the most Southerly Southwest comer of said Tract N; thence North 87o30'00'' East along the South line of said Tract N for 625.78 feet; thence North 03°11'40" West for 87.37 feet; thence South 87o30'00'' West along a line parallel with and 87.36 feet North of said South line of Tract N for 519.10 feet; thence South 02°30'00'' East for 38.15 feet; thence South 87°30'00'' West along a line parallel with said South line of Tract N for 11.20 feet; thence North 02o30'00', West for 13.29 feet; thence South 87o30'00" West along a line parallel with and 62.50 feet North of said South line of Tract N for 94.42 feet to the Point of Beginning. Said submerged parcel lying and being in the City of Aventura, Miami-Dade County, Florida and containing 51,847 square feet or 1.190 acres more or less. Consulting Englneere, Surveyor~ & Meppere 180 Northeeet 168th Street North Miami Beech, Florlde 33162-3412 Phone 305-653-4493 Fax 305-651-7152 July 30, 2003 City of Aventura Community Development Dept. City of Aventura Government Center 19200 West Country Club Drive Aventura, FL 33180 EXHIBIT #6 05-CU-03 Re: Uptown Marina Lofts Compliance With Concurrency Requirements Job No. 20037014 Gentlemen: The Uptown Marina Lofts property is in compliance with the level of service requirements as noted below. 1. Potable Water The txeatraent system will operate with a rated maximum daily capacity, which is no less than two percent above the maximum daily flow for the preceding year, and an average daily capacity of two percent above the average daily per capita system demand for the preceding five years. Water shall be delivered to users at a pressure no less than 20 pounds per square inch and no greater than 100 psi. Unless otherwise approved by Miami-Dade Fire Department or successor entity, minimum fire flow will be 3000 gallons per minute. Water quality shall meet all Federal, State and county primary standards for potable water. Storage capacity for finished water shall equal no less than 15 percent of the average daily demand. 2. Sanitary Sewer Service The wastewater treatment plant will operate with the physical capacity of no less than the annual average daily sewage flow. b. Effluent discharge plant shall meet all Federal, State and County Standards. Upon completion of a new regional pump station, the system will maintain the capacity to collect and dispose of 102 percent of the average daily per capita sewage system demand for the preceding 5 years. 20037014ComplianceLetter .Uptown MarinaLofls.ts City of Aventura July 30, 2003 Page 2 3. Traffic Circulation Traffic circulation shall meet the requirements of the City of Aventura Land Development Regulation Sec. 31-239(f)(3)a. 4. Mass Transit Mass transit shall meet the requirements of the City of Aventura Land Development Regulation Sec. 31-239(0(4). 5. Storm Water Management (drainage) Flood protection. All structures shall be constructed at, or above, the minimum floor elevation specified in the Federal Flood Insurance Rate Maps plus one foot, or as specified in the Miami-Dade County Code, whichever is higher. Water quality. The annual average for each priority NPDES pollutants will not exceed the established criteria as determined by Miami-Dade county DERM. Additionally, on- site Stormwater systems will be inspected and maintained as required. 6. Solid Waste Disposal Miami-Dade County shall maintain, for a minimum of five years, a solid waste disposal capacity sufficient to accommodate waste flows committed to the system. See attached memo. 7. Parks and Recreation The Level of Service Standard is met for this component. (See attached 7/20/01 City of Aventura concurrency report regarding same.) Please contact me if you have any questions regarding the above or need additional information. Sincerely, FORTIN, LEAVY, SKILES, ~C. Carl L. Skiles, P.E., #13617 ...... President ' ~, Attachment - cc: Investura,LLC 20037014Compliancel~tter. UptownMarinaLotts.ts Fortin, Leavy, Sidles, Inc. p.15 ooz Solid ........ '..: ...'_' ...:i} ~,pa¢{, o¥c~ a pcrlod.ofncaly 40 years. ::The proj~c~ori.is..b_~s_~.d_._o.n.the dmsnd geezer,Ica.by , .:-,t. curmnt.l;OS.ls ad_c~lU!te to jpcnmt, de~dopmmt :orders !o:bc3ssued~,/:iThts det~U.o.n shaII '..,:- ::'-..:.,-.'. ,.,.;...5!~-em _ain in -effeCt. fqr..a ~p~dod o f:tl~.(3 ) tisch[ 7cars (c~ndini~ sePt~mb~,t: 30, 2003), af vehi~h time ....._ ~... -.~.-..' :~substant~ally slt*~ th~ proje¢~ons,'Lho Del:mlmcnU~fll l..~ue_ag_ ~pda_t~l CONCURRENCY REQUIREMENTS SECTION 31-239 LDR PARKS AND RECREATION COMPONENT Requirement: 2.75 acres per 1,000 residents Calculation: 2000 Census = 25,267 residents Therefore, require 2.75X25,300/1000 or 69.5 acres of park/recreation land Analysis: Type Facility Public Recreation Areas C Country Club Drive Exercise/Walking Path N Huber Tract N Waterways Park N Aventura Founders Park Acres Applicable Acres 5.5 5.5 3.5 3.5 1.0 1.0 11.0 11.0 Public Recreation Subtotal 21.0 21.0 Private Recreation Areas Private Recreation Sites Marina Complexes Golf Courses 63.61 31.81 9.40 2.35 203.17 50.79 Total Recreation Areas 297.18 105.95 C = Community Park N = Neighborhood Park Level of Service Standard is met for this component. Prepared by J. Carr 7/22/03 RESOLUTION NO. 2003- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, GRANTING CONDITIONAL USE APPROVAL TO PERMIT AN ELEVEN STORY, 129 FOOT HIGH RESIDENTIAL BUILDING WITH ARCHITECTURAL DESIGN OTHER THAN MEDITERRANEAN STYLE AND A TRANFER OF DENSITY FOR 0.344 ACRES FROM LAND TO BE DEDICATED TO THE CITY OF AVENTURA; FOR PROPERTY LOCATED AT 3029 NE 188 STREET; PROVIDING AN EFFECTIVE DATE. WHEREAS, the property described herein is zoned RMF3B, Multi-Family Medium Density Residential District and WHEREAS, the applicant, through Application No. 05-CU-03, has requested conditional use approval to permit an eleven story, 129 foot high residential building with an architectural design other than Mediterranean style and a transfer of density for 0.344 acres from land to be dedicated to the City of Aventura in the MuLti-Family Medium Density Residential District; 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 No. 05-CU~03 for conditional use approval to permit an eleven story, 129 foot high residential building with an architectural design other than Resolution No. 2003- Page 2 Mediterranean style and a transfer of density for 0.344 acres from land to be dedicated to the City of Aventura in the Multi-Family Medium Density Residential District on property located at 3029 NE 188 Street and legally described in Exhibit "A" to this resolution is hereby granted, subject to the conditions in Section 2. Section 2. The approvals granted in Section I above are subject to the following conditions: 1. Plans shall substantially comply with those submitted as follows: "Uptown Marina Loft at Aventura", Cover Sheet, Sheet 0, prepared by Kobi Karp Architects Interior Designers, dated 5/09/03, revised 07/01/03, signed and sealed 07/24/O3. · "Uptown Marina Lofts", Boundary Survey, Sheet 1 of 1, prepared by Fortin Leavy Skiles Inc., dated 7/17/03, revised 06~09~03, signed and sealed. · "Uptown Marina Loft at Aventura", Project Data Sheet, Sheet i, dated 5/09/03, revised 07/01/03, signed and sealed 07~24~03. · "Uptown Marina Loft at Aventura", Site Plan, Sheet A-0, dated 5/09/03, revised 7/01/03, signed and sealed 07/24/03. · "Uptown Marina Loft at Aventura", Level 1 Lobby, Sheet A-l, dated 5/09/03, revised 07/01/03, signed and sealed 07/24/03. · "Uptown Marina Loft at Aventura", Level 2 Parking, Sheet A-2, dated 5/09/03, revised 07101103, signed and sealed 07/24/03. · "Uptown Marina Loft at Aventura", 3rd Level Lanai, Sheet A-3, dated 5~09~03, revised 07101103, signed and sealed 07~24~03. · "Uptown Marina Loft at Aventura", Level 4, Sheet A-4, dated 5/09/03, revised 07/01/03, signed and sealed 07/24/03. · "Uptown Marina Loft at Aventura", Levels 5-11, Sheet A-4.1, dated 5/09/03, revised 07/01/03, signed and sealed 07/24/03. · "Uptown Marina Loft at Aventura", Main Roof Deck, Sheet A-5, dated 5/09/03, revised 07/01/03, signed and sealed 07/24/03. Resolution No. 2003- Page 3 · "Uptown Marina Loft at Aventura", Roof (Machine Rooms), Sheet A-6, dated 5/09/03, revised 07/01/03, signed and sealed 07/24/03. · "Uptown Marina Loft at Aventura", Elevations, Sheet A-7, dated 5/09/03, revised 07/01/03, signed and sealed 07/24/03. · "Uptown Marina Loft at Aventura", Elevations, Sheet A-8, dated 5/09/03, revised 07/01/03, signed and sealed 07/24/03. · "Uptown Marina Loft at Aventura", Typical Units, Sheet A-9, dated 5/09/03, revised 07101103, signed and sealed 07/24/03. · "Uptown Marina Loft at Aventura", Common Areas, Sheet A-9.1, dated 5/09/03, revised 07/01/03, signed and sealed 07/24/03. · "Uptown Marina Loft at Aventura", Typical Units - Level 4th, Sheet A-10, dated 5/09/03, revised 07/01/03, signed and sealed 07/24/03. · "Uptown Marina Loft at Aventura", Conceptual Paving, Drainage, Water and Sewer Plan, Sheet 1 of 1, prepared by Fortin Leavy Skiles Inc., dated 5/5/03, revised 07/01/03, signed and sealed 07/28/03. · "Uptown Marina Loft at Aventura", Landscape Plan, Drawing No. L-l, prepared by Witkin Design Group, dated 12/18/02, revised 02/26/03, 07/01/03, 07/16/03, signed and sealed 07/23/03. · "Uptown Marina Loft at Aventura", Landscape Plan, Drawing No. L-2, prepared by Witkin Design Group, dated 12/18/02, revised 02/26/03, 07/01/03, 07/16/03, signed and sealed 07~23~03. · "Uptown Marina Loft at Aventura", Landscape List, Drawing No. L-3, prepared by Witkin Design Group, dated 12118102, revised 02~26~03, 07101103, 07/16/03, signed and sealed 07/23/03. · "Uptown Marina Loft at Aventura", Promenade Details, Drawing No. L-4, prepared by Witkin Design Group, dated 12/18/02, revised 07/16/03, signed and sealed 07/23/03. 2. Building permits shall be obtained within twelve (12) months of the date of this conditional use approval, failing which this approval shall be null and void unless extended by motion of the City Commission. 3. Any discontinuation of an approved conditional use for a period of 180 consecutive days shall constitute abandonment and shall rescind the approval of the conditional use. Resolution No. 2003- Page 4 4. Within sixty (60) days of the date of this approval, the applicant shall: (i) dedicate to the City for educational, recreational or cultural municipal purposes, that parcel of land measuring 1.56 acres in size lying on the north side of NE 188 Street adjacent to the proposed Atrium residential development, as described in Exhibit A, in a form acceptable to the City Manager and City Attorney. (ii) provide to the City, a Declaration of Restrictive Covenants in Lieu of Unity of Title binding this property with the proposed Atrium residential site, in form acceptable to the City Manager and the City Attorney and filed at the applicant's expense in the public records of Miami-Dade County. Section 3. 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 4, Effective Date. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by its adoption. The motion was seconded by put to a vote, the vote was as follows: Commissioner Zev Auerbach Commissioner Jay R. Beskin Commissioner Robert Diamond Commissioner Ken Cohen Commissioner Harry Holzberg Vice Mayor Manny Grossman Mayor Jeffrey M. Perlow , who moved , and upon being Resolution No. 2003- Page 5 PASSED AND ADOPTED this 7th day of October, 2003. ATTEST: JEFFREY M. PERLOW, MAYOR TERESA M. SOROKA, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY This Resolution was filed in the Office of the City Clerk this __ day of September, 2003. CITY CLERK EXHIBIT #4 05-CU-03 Parcel A: Parcel B: Parcel C: A portion of Tract N of MARINA DEL REY REVISED according to the plat thereof, as recorded in Plat Book 144 at Page 89 of the Public Records of Miami-Dade County, Florida and being more partienlarly described as follows: Commence at the Northwest comer of said Tract N; thence South 02°24'12" East along the West line of said Tract N for 326.46 feet; thence North 87o30'00" East along the South line of said Tract N for 211.62 feet to the Point of Beginning of the hereinafter described submerged parcel; thence South 02o30'00'' East along the West line of said Tract N for 62.50 feet to the most Southerly Southwest comer of said Tract N; thence North 87o30'00" East along the South line of said Tract N for 625.78 feet; thence Norda 03°11'40" West for 87.37 feet; thence South 87030'00'' West along a line parallel with and 87.36 feet North of said South line of Tract N for 519.10 feet; thence South 02030'00'' East for 38.15 feet; thence South 87030'00'' West along a line parallel with said South line of Tract N for 11.20 feet; thence North 02030'00'' West for 13.29 feet; thence South 87030'00'' West along a line parallel with and 62.50 feet North of said South line of Tract N for 94.42 feet to the Point of Beginning. Said submerged parcel lying and being in the City of Aventura, Miami-Dade County, Florida and containing 51,847 square feet or 1.190 acres more or less. APPLICANT REPRESENTATIVE AFFIDAVIT Pursuar,! to Section 31-71 (b)(2)(i) of the City o! Aventura Land Development Code, this Applicant Represeotalive Aff~avit ~ hereby mede and submitt~. The undersigned ~uthorized repms~ta~,e ot the indMdual a' en~ty a~lylng for t~e De~lqornent Permit, which is identified I~ the accompanying ~pilcalion, end ~e owna' of the pmce~ subject 1o the appiica~oa (if di~rent) hereby I~ts and ident~ie$ &II persons represe~,iJng the individual or entity applying lot the DeYelpprnant Permit in connect~3n with the applica, ti~n, as fellows: Name Relationsl3~o ~i.e. ,~m~,~v~e, ~ ~, E~G~aee~ [oebyL~ Et=.) IZo l (Nta~ Ad~lC~r~l ~eem II Nece~a¢/) NOTICE:ANY STATEMENT OR REPRESENTATION MADE BY ANY PERSON USTED ON THE APPUCANT REPRESENTATNE AFRDAVIT SHALL lie BINDING UPON TIlE IND';DUAL OR ENIII T APPLYING FOR THE DEVELOPMENT PERIiIIT AND ~ OWNER OF THE SUBJECT PROPERTY. AP~PIJCANTS AND AFRAN'rS ARE ADVISED TO TIMELY SUPPLEMENT TI~S AFFIOAVIT PURSUAtri' TO SEC. 31-71(EXA)(IV) OF THE CITY'S LAND DEVELOPMENT REGULATIONS lit THE CITY CODE, IN THE EVENT THAT PRIOR TO CONSIDERATION OF THE APPUCATION BY Tile C~TY BOARO OR COMMIS$[ON, TIlE INFORMATION PROVIOEO Ill Tile AFFIDAVIT AUTHORIZED REPR~ANT: STATE OF FLORIDA ) BUSINESS RFLATIO ISHI? AFFI A¥1T' This ~t is ma~ pum~t to ~{on 31-71 ~b)~2)(i~ ~ ~e C~ of Aventura ~d ~velo~t C~. The ~n~mign~ ~t ~reby ~ ~i~t~ve a ~s~s ~nship w~ ~ me.er of ~ C~ Comm~s~n o' shy C~ ~$~ Rep~e~t~ M ~Y ~s venture; C~ Comm~s~ or ~; [ ] iv. A C~ ~i~n~ or ~ mem~r ~ a C~t of fie ~p[~t or Repre~n~v~ [}v. ~e~tor ReF h~ = ha~ employe~ and ~ more ~n $10,0~,~ ot ~a bushe~ ~ ~e mem~ of ~ C~ ~mm~ or ~ {or ~ o~ her ~eQ h a gi~ ~ndar y~ ~ATEOf:I~ I Ru; ~0 02 ~2:02p APPUCANT REPRESENTATIVE AFFIDAVIT Pure. ant to Sactkm 3i-71 fo)(2)(i) el the City of Aventura I.and Development Code, ~ N~ltcant RapresentalJve Nf'KJa~ is be~eby made and r, ubm~ed. The undemlgned authndzed relxe~entative of t%e IndNidu~l or entity applying I~ t'*m Development Permit, which is idenlW,~:l in tho a~ompanl~ng ap~caUon, and the owner of the prope~, subject Io the'a,oplic~tio~ C~{ d'~erent) hereby r~ts and IdenRrm all persons rapmse, ting the im:rwidual or entity applying for the I~velopment Permit In*(xmneclion w~ ~e ~r~t~, as fol~ow~: Name Clifford A. Schulman Mario J. Garcia-Serra Attorney Attorney (Ntach Add*~mal 8heels ff Necessary) NO*riCE:ANY STATEMENT OR REPRESENTATION MADE BY ANY PERSON USTED ON THE APPUOANT REPRESENTATIVE AFFIDAVIT SHALL BE BINOING UPON THE INDIVIDUAL OR Eh. iii ~ APPLYING FOR THE OEVELOPMENT PERMIT AND THE OWNER OFTHE SUBJECT PROPERTY. APPUCANTS AND AFFLUTTS ARE ADVISED TO TIUELY SUPPLEUENT THIS AR~IDAVIT PURSUANT TO SEC, 31-)'l(R)(2)(IV) OF THE CIIY'S LAND DEVELOPMENT REGULATIONS IN THE CITY CODE, IN THE EVENT THAT PRIOR TO CONSIDERATION OF TIlE APPUCATION DY THE CiTY BOARD OR COUUIS$1ON, THE INFORMATION, PROVIDED IN THE AFFIDAVIT BECOMES INCORRECT OR II(COMPLETE. · WITNESS MY HAND THIS, ~ DAY OF AUTHORtZEB R, EPRE~ENTATIVE OF APPUCANT: (Signature) CP~t~ Attornev Miami, FL 33131 STATE OF FLORIDA ) COUNTY OF UIAMI-DADE) ,200~3. ~/~ OWNER Br. 7 ~tore me the undemlgned authoflty personally a~oeafed Q_~2//~.~< ~z~F as the authorized represen~tive of the N:pr~ent and/or the owner of the propeffy subject to the application, who being first by me duly s~wo.m~fd~ear or affim~ that he/she executed this Nr~vit for the purposes s~ted therein snd that It Is tree ,nd cor~ ~. ,~.., ~ ~.~ ~'qqofm7 [Publlo State of Florida N Large Ru; 20 02 le~O3p BUSINESS RELATIONSHIP AFFIDAVIT* p.3 This Nf~avit Is m~ pursuant to Sectlen 31-?1~o](2)['~ of fie City o! Aventur~ Land Development Code. The tmderslgned Nf*~nt hereby d'~:io~es thai: (mark with "x' applicable portions enly) AE~u~t does not t~ve a Business Relationship ~ say member of the City Commission or say City Adviso~ I~e. rd to whk~h tho appll~.tion wi[{ be proses!ed. Nfiant hereby discloses that ~t does ~ave a Bus,ness Relationship with City Advtso~/Beard to wh~h the applie~lion will be presented, as (List name o! Commissioner or N:ldso~/I)~O~rd Member) who serves on the (List crc/Commissten or City Advtsow Board upon which member sewes). The n~ture of the Business Relationship Is ss follows: IlL IlU- [Ira. Member of City Commission or Board holds an ownership interest in exc~ of 1% of total assets or capita! st~k of Appticant or Representative; Member o! Ck'y Cemmbsion or I~eard is a parlaer, co-st~reholder (es I~ st~ras of a coq)oration v~ sro not listed on any natienat or regional stock exchange) o~ joint ven~er ~ Ihe Applicant or Representative la any business venture; 'lhe Appticant or Representative IS a Client of a member o! the (~ Commission or Board or a Client another professional working lmm the esmo oE~ce or for the same employer as I~e member of the Ci~ Commission or Board; [ ] iv. A City Commissione~ or ~ member is a Clien[ of the Appr~ant or Representative; [Iv. The Appticant or Representative is a Customer of the member of the City Commlssio~ or Board (or of his or her employer) a~l ~nsacts more then $10,000.00 of the business el the member of the City Commission or Bead (or his or her employer) in a given eale~ar year, The member of the City Commission or Board is a Customer o~ the Appticent or Representative and transacts more then $25,000.00 of the business o! the Apg{Icant or Repetitive ia a !iNert ealendar year. WiTNESS MY HAND THI$ {~OAYOF A,JC~O'-'-~ .2001. WITNESS MY HAND THIS DP,Y OF .2001. PROPERTY OWNER: Name: Gi ]'r-,~,- Title: .(Signature) (Ptfnt) President MRG, Inc. as Mgr. of Investura, LLC 'The terms ~usiness RelaUonsh~; 'ClienL' 'Customer," 'Applicant,' 'RepmsentaHve" and 'interested Person" are do§n~l in See!Ion 2.995 of the Aventura City Code. Ru~; 20 0;~ 12: O3p BUSINESS RELATIONSHIP AFFIDAVIT* p.3 This Nf~vit is m~e pu~suent to Section 31-?l ('o)(2)[',') of [he C_,k'.y of Aventura Land Development C~e. The undersigned Nf~nl hereby a*~ ~..s ~-~t: (mark with 'x' applicable portions only) Nrant does not h~ve e Business Re~.tionshlp ~ esy member o! the City Commission or eny City Advisory Ik~rd to ~,~nlch the spplio~ion wUI be presented. Nfant hereby ¢~scioses thai it does ~ave e Business Reb. llonsh~p w~h a m.~mber o! the City Commbslon or a City Advtsory Board to which the app6ealJon will be presented, es Ioflows: name of CummLs,sioner or Advisory %:m~ Member) Who serves on the (List City Commission or CAy Mvisory Bo~rd upon which member serves). be n~ture of the Busines~ Relalienship is ~ Iollows: I]i. II~. [ I Iii. Me~ber o! City Conu~sslon or Board holds an ow~emblp Inlerest In excess of 1% of tetal assets or cap~l stock of AppEcent or Represent~ve; Member ~( City CommLssion or Board is e p~rtner, co-shazeh~or (~s Io ~t~res of a onq~ora6on v~hloh 8~e not IJs~ed en eny fla6onal or mgioflaJ stock exchange) or ion venturer ~ the AppEcent or Represena~lve In eny business venture; The Appr~c~nl or Representative Is e CRont of a member o! [he Gh'y Comm~lon or Board or a Client of eno[her professionaJ working Imm the same office or for the same employer as [he member of ~e City commisslo~ or Board; {llv. |Iv. k City Commissioner er Board member is e Client of the Applicant or Representa~e; The Applicant or RepmsentaUve is a Customer o! the member el [he City Commisslo~ or Board (or el his or her employer) end transacts more then $10,000,00 of the busIness el Ihe member of the City Commission or Bead (or his or her employer) In a given ¢~lencb. r ye~c Ilvt The member of ~te City Commission or Beard Is a Customer o! [he ~plicent or RepmsenteUve end transacts more ~ t25,000.00 of [he business el the Ap~llcent or Representative in e given WITNESS MYHAND'[HIS I~s' OAYOF By:. . nalure) ~e. C~/ifford-A.- Rnh,~lmmn ('la~l~) 'lltle: ~++~I' (Prin~) WITNESS MY HAND '~41S __ DAY OF i 2001, PROPERTY OWNER: Name:Gilbert T~e: M~mher ,(S~gnemre) .. (PfMl)President MRG, Inc. as Mgr. of Investura, LLC (PrinO 'The terms 'Business RelaUonsh~,' 'Client," -cuslo~ller," "Applicant," 'Bepresenia(lve" end 'interested Pe~on" em defined In Seoflen 2.$95 o! the Aventura City Code. Ru; ~00~ 18~03p p.~ By:. (Signature) By:. (,~gna~ure I~e: (F'r/nO Name: (Print) Tll/e: ~Print) T~e: (PdnO BF.. .(Signature) By:. (Signature Name: (PrintJ Name: (Pdnt) Ti~e:, .(Pr/nO ¥~tlet By', [Signature) Br.. (Signature Name: (PdnO Name'.. l'tae: (Pdnt) Title: .(Pgnt) ay:. (S~g~ure) ~, Name: (P~t) Name: (P~t) T'~: (Print) T~e: (Print} I, IOTE: 1) Use duplicate sheets If disclosure Ioformation for Representative vmtes 2) Applicants and Affiants are advised to timely supplement thh Affidavit pursuant to Geo. 31-71(b)(2XIv) of the City's Land Oevelopment Regu[ations In the C~ Code, In the event that pflor to consideration et the application by the City Board or Commlsslon, tile Information provided In the Affidavit becomes Inconeot or Incomplete. .~;,gO Og ~g:Oap I~TAR[~TION PROVISION X Clifford Sch~-- . ~ .~ ~. ~ _ A. '~~ ~io J. I ~co~o~.~m.~ I STATE OF FLORDA ] hk~ me, ~e u~der~g~e~ aulho~/, per~onaly agpeace~ he/~e axecuted Ih~ M'd;~ Im ~ purposes ~a~ temJn and ~at R b ~e at~ o3macL I~e Afliar~ who being r~t by ma duly r*om, d~d ~.wem e~ afr~m~ ~at STA~E OF FLORIOR J My ~ .~a'ee: 8WC)RN TO AND 8UBSO~IBED before me ~h~ APPLICANT REPRESENTATIVE AFFIDAVIT Pursuant to Section 31-71{b)(2){i) of the C~ of Aventura Land Development Code, this Applicant Representative Affidavit is hereby made and submitted. 'l~e undemigned authorized representative of Ihs individual or en~7 applying for the Bevelopmeat Permit, which is idendfied in the accompanying application, and the owner of the property subject to the application (if different) hereby lists and identifies all persons representing the individual or entity applying for ~he Development Permit in connection with t~e application, as foifows; Name Relatior~hip (IJ. Ano~ys. /v~z~, ~ (Att~ Add~onal Sheets If NOTICE:ANY STATEMENT OR REPRESENTATION MADE BY ANY PERSON USTEO ON THE APPLICANT REPRESENTATIVE AFFIDAVIT SHALL BE BINDING UPON THE INDIVIDUAL OR ENiiiY APPLYING FOR TIlE DEVELOPMENT PERMIT AND THE OWNER OF THE SUBJECT PROPERTY. APPLICANTS AND AFRANTS ARE ADVISED TO TIMELY SUPPLEMENT THIS AFFIDAVIT PURSUANT TO SEC. 31-71{BX2)(1V) OF THE CITY'S LAND DEVELOPMENT REGULATIONS IN THE CITY CODE, IN THE EVENT THAT PRIOR TO CONSIDERATION OF THE APPLICATION BY TIlE C[I'Y BOARD OR COMMISSION~ THE INFORMATION PROVIDED IN THE AFfiDAVIT BECOMES INCORRECT OR INCOMPLETE. wrrNESS MY HAND THIS DAY OF AUTHOR~ED_.~ESENTATIVE OF APPLICANT: 'me: , 2001. OWNER By;.. Name: T~le:. Address: (S~gnatu, e) STAT~ OF FLORIDA ) COUI~ OF MIAMI-OABE) ,~pr~cant and/or the owner of the properly Babied to the appr~tlon, who being fimt by me duty sworn, did swear or sffirm that he/she executed this Aft'~avit lot the purposes smt~:l therein and ~'at if is true and ~ormct. ~...~_..___~___. SWORN TO AND SUBSCRIBED BEFORE ME thls [.L day of J [1[ ~ AFFIANT EXPIRES: Januay 13, 2004 My commission expires:. BUSINESS RELATIONSHIP AFFIDAVIT* This Affidavit is mede pursuant to Section 31-71(b)(2)(ii) of the City of Aventura Land Development Code. The undersigned A~nt hereby discloses tha~ (~rk with 'x" applicable poflJor~ only) ['~1. Affmt does no...~t have a Business Relationship with any member of the City Commission or any City Advisory Board to which the applicaden ~,ill be presented. [ ] 2. Affiant hereby discloses that it does h~ve a Busbess Relationship with a member of ~he City Cornrnissio~ or a City Advisory Board to which Ihe applicatten will be presented, as follows: (List name of Commissioner ~ Adviso,'y Beard Member) who sewes o~ the (List City Commission or City N:lvlsory Board upon which member The nature ol the Business Relationship is ss ~lows: Iii. Member of City Commission or Board holds an ownership ~terest in excess of 1% of to~ assets or capital stock o! &o¢cant or Flep~ese~ta~e; ~mber of City C~nmissien or ~ is a patter, co-shareholder (as t~ si'aras of a corporatien which are not listed en e~y natmal or regional stock exchange) or jolt venturer wl~ the Applicant or Representative in any buaines~ venture; The &oprcant or Representative is a Client ota member of the ~ Commission or Board or a Client of anot~ar profsssiona{ working from the same office o~ for the same employer as the member of the City Comrnissi~ of Board; [ ] iv. A City Commissienar or Board member is a Client of the Applicant or Re0resentative; [Iv. The Applicant or Representative is a Custornar of the member of the City Commission or Board (of of his or her employer) and transacts more than $10.00000 of the business of the member of the C~ Commissien or Board (of his or her amployer) 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 $25.00~.00 of the business of the/~plicant or Papfesent~tive h a Cron calendar year. WITNESS MY HANO THIS __ DAY OF APPLICANT: By:. ~--------~~ ' (Sig~ture) ~ESS MY H~D ~IS ~ DAY ~ ~{ ( PROPE~ O~ER: Name: .(Print) T~: .(P~) 'The terms "Business Retationsh~p,' "Client," 'Customer,' "Applicant," "Representative' and 'Interested Person" are defined In SecCon 2.395 ~f U'~ Aventura C, Ity Co~e. REPRESENTA'rlVE: (Listed o~ Bus~ess Re~atio~ip NfkJa~) My COMMISSION # CC-g~21~ EXPIRES: Janua~ ~ ~ ~2~0~ Title: (P~nO .(Prat) By:.. (Slg~tum) Name: (P~t) Name:. .(Print) T~: (Pr~) T~:. (P~t) BT. (Signature) ET.. (Signature Name: (Prat) Name: (Prfnt) T~e: (Print) Tit~e: By', (Signature) By: (Signature Ne~e:. (Print) Name:_ .(Print) T~de: (Print) TrdeL (Phl) By.. .(Signature) Bye_ (Signature Name: .(Print) Ne, me: (Print) T~: (P~) T'~:. ,(P~) By:. (Signature) B~,. (Signature Name:_ (P~t) Name:. .(Prktt) NOTE: 1) Usa duplicate sheets If dl. sclosme Information for Representative vades 2) Applicants and Afflant~ am advised to timely supplement this Affidavit pmsuant to Sec. 31-71(bX2XIv) ol the City's Land Development Regulations In t~e City Code, In the event that [~lor to consideration of the ~pllcaUon by lite City Board ar Commission, the Inlormation I~ovlded In the Affidavit becomes Incorrect ar Incomplete. NOTARIZATION PROVISION STATE OF R.ORIDA ) STATE O~ FLORIDR ) COUNTY OF k~D~DE) SWORN TO AND SL~,5OR!~ED betom rne Itfls ~yof_ ,~ t,k~ar/Put~c St,ua o~ Rod~ At Lar~ STATE O~ FLO~D~ ) b'WORN TO Nd0 SU~SCRISEO belom me this ~ayd AFF~NT STA1T: OF ~ CX:XJNTY OF ML, U/a-OAOE) S'WORN TO AND StJ~SCRIB~D bet(xa me ~, dayd ~e Nflant, who helng ea,~ by me duly ~,om, d~ e,mar or d~m ~'~at APPLICANT REPRL=GENTATIVE AFFIDAVIT Purs,~nt to Section 31-71(b)(2)(i) e! the City of Aventura Land Development Code, this Applicant Representative Affidavit is hereby made and submitted. The u~dorsigned authorized repre~entative of the individual or entity applyi~ for' the Development Permit, which is idenUfied in the accompanying application, and the owner of the prope~ subject to the eppticatien (if different) hereby lists end idenffiies all persons repmsentirtg the individual or entity a~plying tel the Development Permit in c=nnectien wl~ the appltcat~en, as follows: Name NOTICE:ANY STATEMENT OR REPRESENTATION MADE BY ANY PERSON LISTED Off THE APPUCANT REPRESENTATIVE AFFIDAVIT SHALL BE BINDING UPON THE INDIVIDUAL OR ENTI~ APPLYING FOR THE DEVELOPMENT PERMff AND THE OWNER OF THE SUBJECT PROPERTY. APPUCANT$ ANn AFRAICrS ARE ADVISED TO TIMELY SUPPLEMENT THIS AFFIDAVIT PURSUANT TO SEC. 31-71(BX2XIV) OF THE CiTeS LAND DEVELOPMENT REGULATIONS IN THE CITY CODE, IN TIlE EVENT THAT PRIOR TO CONSIDERATION OF THE APPUCA'nON BY TIlE CiTY BOARD OR COMMISSION, THE INFORMATION PROVIDED IN THE AFFIDAVIT BECOMES INCORRECT OR INCOMPLETE. STATE OF FLORIDA ) COUNTY OF MIAMI,-DADE) ,200~ OWNER T~e: Address: (S~n~) (~) N3;ticant and/or the owner of the prol=e~ subject to the ap~icatlon, who being first by me,.J~3y/~wom~ did swea~ o~,aff~n thet ,.ecufod this Nfidavit for the puqx),".es r. lated therein and that it is true and correct ~./~____~ SWORN TO AND SUB-~:CRIBED BEFORE ME this Z day °f ~""7-/J'~~/:'''/ Exp~ sa~3t.m~ o3.200~ P~bted Name d Nota~ My ~ommieskm mxpires:. BUSINESS RELATIONSHIP AFFIDAVIT* This NfidavJt is made pursuant to Section 31-71(b)(2)(ii) of the City of Aventura Land Development Code. The undersigned Nfiant hereby disd, oses that: (mark with 'x' applicable portions only) X1. Nfiant does ~ have a B~iness Relationship wilh member of the City Commission any or any City Boe~'d to which the application will be presented. []2, A~iant hereby disdose~ that it does have a Businass Relationship wi~h a member of the City Commbsion or a City Advisar~ B~,rd to whi¢~ the appfication will be presented, as follows: (L~ name of commisskmer or Advisa~/~ Member) ~ senms ~ the (List City Commi.~ion or City ~ry Board upon which member nature of the Busbess Relationship is as follows: []i. Member of City Commissiofl or Board holds an ownership interest in excess of 1% of total assets or capita[ stock of Applicant or Representative; []ii, Membe~ of City Commi~on or Board is a pa~er, ce.shareholder (e~ to shares af ,, enqx~alia~ which are not ~ted a~ any naltonal ar regional stack exchange) or )oint venturer ~ Ihe Applicam or Repreeentalive in any businees ve~ture; The Applicant or Represmdative is a Client of 8 member of the City Commission or Board or a Client of another professional working lmm the same off*me or for Ihe same employer as the member of the City Comm~ion or [ ] Iv, A Cb Comm~ior~a' or Beard membor is a Client ol the Applicant or Representative; [Iv. The Applic~m or Representative is a Customer of the member of the City Commission or Board (or of his or ha emptoyer) ~1 transacts more than $10,000,00 of ~e business of ~e membe~ of ~ City Conu~issio~ or Board (~r his or her employer) ~ a givefl calendar year;, The member of the Cit~ Cammi~sion or Beard is a C~tomef of Ihe Applicant or Represenlafive and WITNESS MY HAND 1~11S DAY OF (S/gnatum) FORT~N, L~:A'~ ~', $,~.~-u, IN~ (P~f) Hc~h ~i~.~i ~ch, FL 33152 PROPERTY OWNER: B~, Name: (Print) T~: 'The ten~s 'Business Rega~hip,' 'C,F~nC' 'Cuslomer,' "Applicant,' 'Representative' and 'Interested Person' am defined in ~ 2~95 of the Averdum Gity Code. REPRESENTAIlWE: (Listed ~ Busirm~s Relafimlshlp Affidavit} By: (S/gM,urn) Name:, .(Print) T~: By: (Signature Name: (Prat) TlHe: (Prat) Name: (Pr~f) T~e: (p~) ey:.. lSi~re) s~. , (se..zu~e Name: (Print) Name: (Print) T~e;. (Print) Title: .(print) NOTE: 1) Useduplic~t~sheet~ifdl~gk~Bumlnlomml~nlorRepmse~t~tlvevade~ 2) App#mmb Bnd Affiants am advlaad to timely supplement 1Ns Affldavl~ pmlmnt to Sec. 31-?1(bX2Xlv) of the City's Land Development Regulatimm In the C~J Cede, In Ihe event ~.t prior lo consideration of Ihe application by the CRy BoaM m C~mmlsaiaet, the Inlonnatimt provided in the Allldavlt becomes Inemmct m incomplete. NOTARIZATION PROVISION qTATE OF P**ORI~ ) COUfl~ OF SWORNTOANDSUBSCR,BEDbek~.Ihis / dayof L.'7~z~ , AFFIN~IT/~ STAT~ OF FLO~IDA ) GO. JNTY OF t4LaM~OA~ SWORN TO A,NO SUB..~=RIBF_D b~k~ me ~/a Nom'y Pub~ state d Perk~ N t,.~ga Sl'ATE OF FLORIOA ) COUNrY OF ML~ld~ ~TATE OF F',.,OfllOA ) hm/sh. ~ fi,As Altidavlc I~' I~ p~..~4 t~Mmd Im~in ~d tl~t It k ~m aM a3~ SWORN TO ANO 8UISSCRIBED bek~ tm INs __ my c~ · ,e AEmnt, ~ lining Ih~_ by nm dc4y s~xx"~, did s*~r o~ ~ffL. m {ha! A~ , h~ Aftla~, ~ho b.k~l Iksl by me duty M3m, did s'*e~ or aff~n~ that BUSINESS RELATIONSHIP AFFIDAVIT* Nf~%vit is made pursuant to Sec~k~ 31-?l[b}(e)(iQ of the City el Aventura Land Oeveiopmeat Code. The undersigned Affant hereby that: (mark with 'x' applicable po;floes o~y) Affant does not have s Business Relationship With say member o! the City Commission or any City Addsory Bee. rd to which tho applicetion will be presented. Nfant hereby discloses gat It does have a Business Relationship with a m~!mber of the Ci(7 Commission or a City Advisory Bo~rd to wh~ the appli~tio~ Mil be prsseated, ss for]ow;: Jeffrey Perlow ~tst name ot Commissioner er Adviso~' I~,oe, rd Member) who ;owes on the City Cc~nissinn (List City Commission or City Aclvisol7 Boa. rd upon Welch member serves). The nature o( the Bus,ess Relationship is ss (olbws: !la. [~iii. Member of ~ C~mmisslon or Board holds an ewnemhlp intere~f, in excess o! 1% o! total assets o~' capltB! slm:k of Appl[ceat or Repro;ear,live; Liamber o( Ck'./cummisslon or Beard is a partner, co-shareholder (ss to shares of a coqx~ratbn 'which me not E~ted an any nalkx~l or regieral stock exch~ge) or Joint venturer ~ the/kopliosat or Representative in say business verdure; ~he ~prK~nt or Represen~tive is 8 clieat of a member o! the City Commission or Bead or a ~eat o! another pm(esslonal working lmm the same off.me or for the s~me employer as the member of the Cie/Commlssl~ or Board; ( ] iv. k City CommLssloner or Beard member is 8 Client of the Applicant or Represent~tive; The Applicant or Represent~Uve is a Customer o! the member o! the City Commlssina or Board (or of his or her employee) and transacts more than $10,000.00 o( the business o! the member of the City Commission or Board (or his or her employer) in a given c~lefldat year;, The member of the City Commission or Board is a Customer of the/~plica~t or Represent~Uve and transacts more than $25,000.00 of the business el the ApPlicant or Representative in 8 given calendar year. WFiNESS My HANO THIS .~7~. DAY OF ~-u~/ . L:'O0,3. APPLICANT: , , _ Name: Marie J. C. arm~ ~-~rrn Title: A~-enr~y (Pan0 c/---"~ / ' WITNESS MY H/~D T/itS <~/" DAY OF PROPERW OWNER . By: .~ ///' //'_ / ~ ($1gn,~tu~e) , ~ ,,, lltle: / /~,eVdl/xb/~,-~ '(PanO q'he terms ~usines$ Relationship; 'Client," 'Customer," "Applicant," 'Representative" and 'Interested Pe.,son" are defined Sec~lon 2.395 of the Aventura City Co~e. LL~ CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: FROM: BY: DATE: SUBJECT: Edc M. Soroka, IC.,~-A; City Manager ~-'~ . ~ Joanne Carr, AICP(~ Planning Director ' August 17, 2003 Request of Venaventura, LLC for Conditional Use Approval The Atrium at Aventura 3131 NE 188 Street, Aventura (06-CU~03) October 7, 2003 City Commission Meeting Agenda Item RECOMMENDATION It is recommended that the City Commission approve the request for conditional use approval for The Atrium at Aventura development project, subject to the conditions outlined in this report. THE REQUEST The applicant, Venaventura, LLC, is requesting Conditional Use approval to permit the following uses for residential development known as The Atrium at Aventura on NE 188 Street: 1. A height of 11 stories or 135 feet for the residential building. 2. Architectural design standards other than the Mediterranean design features required by Section 31-143(g)(6)(a) of the City's Land Development Regulations. 3. A transfer of density on 1.216 acres from a parcel of land to be conveyed to the City for educational, recreational or cultural purposes. (See Exhibit #1 for Letter of Intent) BACKGROUND OWNER OF PROPERTY APPLICANT ADDRESS OFPROPERTY LEGAL DESCRIPTION SIZE OFPROPERTY Venaventura LLC Venaventura LLC 3131 NE 188 Street, Aventura (See Exhibit #2 for Location Plan and Exhibit #3 for Aerial Photograph) Part of Section 3, Township 52 South, Range 42 East, City of Aventura, Miami-Dade County, Florida (See Exhibit #4 for complete legal description) Approximately 4.314 acres (2.725 acres upland, 1.589 acres submerged land) EXISTING ZONING RMF3B, Multi-Family Medium Density Residential District FUTURE LAND USE DESIGNATION Medium High Density Residential The Site - The subject site is located on the north side of NE 188 Street, immediately east of the Uptown Marina Lofts residential site. The Project - The applicant has submitted a site plan for development of 192 residential condominium units in an eleven story, 135 foot high towers connected by a one story lobby. Nine levels of residences sit on top of two levels of parking. Recreational amenities are situated on the north rooftop of the garage levels. A water promenade has been designed in accordance with the City's Promenade Specifications. Sidewalks are proposed along both east and west sides of the site to connect with the public sidewalk on NE 188 Street. Color renderings of the architectural design of the front and rear of the building are attached as Exhibit #5. The development parcel measures 4.314 acres, comprised of 2.725 acres upland and 1.589 acres of submerged lands. The applicant is further requesting a transfer of density from the land to be dedicated to the City on 1.216 acres. Total density permitted on 5.53 acres, at 35 dwelling units per acre, is 193 units. 192 units are proposed. 2 ANALYSIS Citizen Comments. The Community Development Department has received no written citizen comments about this application. Community Development Department Analysis - At its June 3, 2003 meeting, City Commission passed Ordinance No. 2003-08, which ordinance amended the RMF3B zoning district site development standards. Section 31-143(g) of the City's Land Development Regulations was amended to provide the following: "(g) Multifamily Medium Density Residential Districts (RMF3B). (9) Bonus heiqht provisions. If the applicant for a development permit under this section 31-143(.q) proposes to dedicate land to the City for educational1 recreational or cultural municipal purposes, which land is acceptable to the City Commission, the City Commission may approve a bonus heiqht for any multifamily buildinq not to exceed a maximum of eleven stories or 135 feet, subiect to the provisions hereof. Where the Commission approves such bonus hei.qhtl the following standards shall apply: a. The development permit shall be considered a conditional use and the application shall be subiect to the conditional use requirements of Section 31-73. b. The minimum size of the dedicated land shall be 1.5 acres. At the discretion of the City Commission, the density otherwise available on the land to be dedicated may be transferred, and credit for acreaqe in the dedicated land in the calculation of the lot coveraqe otherwise required may be 3 granted, in whole or in part, to (1) the parcel that receives the conditional use approval or (2) any adiacent property that is located on the same side of the street as the applicant and that is bound to the applicant's site by a declaration of restrictive covenant entered into between the properties. The restrictive covenant shall be made part of the conditional use approval, shall be in a form acceptable to the City Attorney, and shall be flied at the applicant's expense in the public records of Miami-Dade County. If multiple property owners propose to dedicate the same land to receive the height bonus allowable pursuant to this section 31-143(g), then each property owner shall apply for conditional use approval and meet the criteria of this section. Multiple property owners may be eliqible for such approvals only if they own adiacent properties located on the same side of the street; and the properties must be bound by a declaration of restrictive covenant, made part of each conditional use approval, in a form acceptable to the City Attorney, and filed at the owners' expense in the public records of Miami-Dade County. The form of the conveyance shall be approved by the City Attorney. Minimum open space shall be 40 percent of the total lot 4 area. g. Any structure parkin.q servinq the primary use on the site shall be incorporated into the building envelope and shall be compatibly desiqned. Such parkinq structure shall comply with all minimum setback and buffer yard requirements and shall be counted in computin.q buildin.q heiqht. h. There shall be no maximum floor area ratio. i. As part of the conditional use approval, the City Commission may approve architectural desiqn standards other than the Mediterranean desiqn features required under Section 31- 143(.q)(6)a. of the Land Development Requlations. j. All other provisions of the Land Development Requlations shall apply." The applicant proposes to dedicate a parcel land measuring 1.56 acres to the City jointly with the landowner to the west and requests conditional use approval for increased height, transfer of density and an architectural design other than Mediterranean style. Criteria According to Section 31-73 of the City Code, an application for Conditional Use will be evaluated using the following criteria: (a) The proposed use shall be consistent with the comprehensive plan. The use is consistent with the City of Aventura Comprehensive Plan, which designates the future land use category for this site as Medium High Density Residential. (b) The establishment, maintenance or operation of the proposed use shall not be detrimental to or endanger the public health, safety or general welfare. The establishment, maintenance or operation of the proposed use will not be detrimental to or endanger the public health, safety or general welfare. 5 (c) The proposed use shall be consistent with the community character of the immediate neighborhood of the proposed use. The proposed use is consistent with the residential community character of the immediate neighborhood of the proposed use. The properties to the north, south, east and west are zoned for residential use. (d) Utilities, roadway capacity, drainage and other necessary public facilities, including police, fire and emergency services, shall exist at the City's adopted levels of service, or will be available concurrent with demand as provided for in the requirements of these LDRs. The applicant's engineer has confirmed in the letter attached as Exhibit #6 that utilities, roadway capacity, drainage and other necessary public facilities shall exist at the City's adopted levels of service or will be available concurrent with demand as provided for in the requirements of the City's Land Development Regulations. The letter notes that sanitary sewer capacity will be available upon completion of a new regional pump station. (e) Adequate measures exist or shall be taken to provide ingress and egress to the proposed use in a manner that minimizes traffic congestion in the public streets. Ingress and egress to the building is proposed by way of an entrance/exit drives at the east and west limits of the property onto NE 188 Street. The recent reconstruction of NE 188 Street by the City will accommodate all projected traffic for the proposed use. (0 The establishment of the conditional use shall not impede the development of surrounding properties for uses permitted in the zoning district. The establishment of the conditional use shall not impede the development of surrounding properties for uses permitted in the zoning district. The properties to the north, south, east and west are zoned for residential use. (g) The design of the proposed use shaft minimize adverse effects, including visual impacts,'of the proposed use on adjacent property through the use of building orientation, setbacks, buffers, landscaping and other design criteria. The building has been designed to minimize visual impacts of an increased height. Two eleven story towers are connected by a two story lobby and entry that allows an open view between the towers. The street fagade at the first three stories includes wooden louvers and tiered landscape planters. A tiered sidewalk leads from the public sidewalk on NE 188 Street to the lobby of the building. A water promenade is provided with connection to the promenade along the property to the west. Sidewalks along the east and west limits connect the promenade to the public sidewalk on NE 188 Street. 6 CONDITIONS It is recommended that the City Commission approve the request for the Conditional Use, subject to the following conditions: 1. Plans shall substantially comply with those submitted as follows: · "The Atrium at Aventura", Site/Roof Floor Plan, Sheet A-l, prepared by Schapiro Associates, dated 02/20/03, revised 2/21/03, 3/20/03, 6/25/03 and 7/19/03, signed and sealed 07/20/03. · "The Atrium at Aventura", Level 1 - Ground Floor Plan, Sheet A-2, prepared by Schapiro Associates, dated 02/20/03, revised 2/21/03 and 7/19/03, signed and sealed 07/20/03. · "The Atrium at Aventura", Level 2 - Parking Floor Plan, Sheet A-3, prepared by Schapiro Associates, dated 02/20/03, revised 2/21/03 and 7/19/03, signed and sealed 07/20/03. · "The Atrium at Aventura", Deck Level - Third Floor Plan, Sheet A-4, prepared by Schapiro Associates, dated 02/20/03, revised 2/21/03 and 7/19/03, signed and sealed 07/20/03. · "The Atrium at Aventura", Level 3A - Deck 2nd Floor Plan, Sheet A-5, prepared by Schapiro Associates, dated 02/20/03, revised 2/21/03 and 7/19/03, signed and sealed 07/20/03. · "The Atrium at Aventura", Level 4 - Floor Plan, Sheet A-6, prepared by Schapiro Associates, dated 02/20/03, revised 2/21/03 and 7/19/03, signed and sealed 07/20/03. · "The Atrium at Aventura", Typical Floor Plan, Sheet A-7, prepared by Schapiro Associates, dated 02/20/03, revised 2/21/03 and 7/19/03, signed and sealed 07/20/03. · "The Atrium at Aventura", Penthouse Floor Plan, Sheet A-8, prepared by Schapiro Associates, dated 02/20/03, revised 2/21/03 and 7/19/03, signed and sealed 07/20/03. · "The Atrium at Aventura", Penthouse 2nd Floor Plan, Sheet A-9, prepared by Schapiro Associates, dated 02/20/03, revised 2/21/03, 06/25/03 and 7/19/03, signed and sealed 07/20/03. · "The Atrium at Aventura", Exterior Elevations, Sheet A-10, prepared by Schapiro Associates, dated 02/20/03, revised 2/21/03, 06/25/03 and 7/19/03, signed and sealed 07/20/03. · "The Atrium at Aventura", Exterior Elevations, Sheet A-11, prepared by Schapiro Associates, dated 02/20/03, revised 2/21/03, 06/25/03 and 7/19/03, signed and sealed 07/20/03. · "The Atrium at Aventura", Building Sections, Sheet A-12, prepared by Schapiro Associates, dated 02/20/03, revised 2/21/03 and 7/19/03, signed and sealed 07/20/03. 7 · "The Atrium at Aventura", Level 3, Enlarged Plan, Sheet A-13, prepared by Schapiro Associates, dated 02/20/03, revised 2/20/03 and 7/19/03, signed and sealed 07/20/03. · "The Atrium at Aventura", Deck 2nd Floor, Enlarged Plan, Sheet A-14, prepared by Schapiro Associates, dated 02/20/03, revised 2/20/03 and 7/19/03, signed and sealed 07/20/03. · "The Atrium at Aventura", Typ. Floor, Enlarged Plan, Sheet A-15, prepared by Schapiro Associates, dated 02/20/03, revised 2/20/03 and 7/19/03, signed and sealed 07/20/03. · "The Atrium at Aventura", Penthouse, Enlarged Plan, Sheet A-16, prepared by Schapiro Associates, dated 02/20/03, revised 2/20/03 and 7/19/03, signed and sealed 07/20/03. · "The Atrium at Aventura", Penthouse, 2nd Floor Plan, Sheet A-17, prepared by Schapiro Associates, dated 02/20/03, revised 2/20/03 and 7/19/03, signed and sealed 07/20/03. · "The Atrium at Aventura", Landscape Plan Pool Deck, Sheet L-l, prepared by Rhett Roy Landscape Architecture, dated 06/26/03, revised 07/11/03, signed and sealed 07/16/03. · "The Atrium at Aventura", Preliminary Planting, Lighting and Paving Schedules, Sheet L-2, prepared by Rhett Roy Landscape Architecture, dated 06/26/03, revised 07/11/03, signed and sealed 07/16/03. · "Atrium at Aventura", Land Title Survey, Sheet 1 of 2, prepared by Fortin Leavy Skiles Inc., dated 10/1/99, last revised 7/24/03, signed and sealed. · "Atrium at Aventura", Land Title Survey, Sheet 2 of 2, prepared by Fortin Leavy Skiles Inc., dated 10/1/99, last revised 7/24/03, signed and sealed. Building permits shall be obtained within twelve (12) months of the date of this conditional use approval, failing which this approval shall be null and void unless extended by motion of the City Commission. Any discontinuation of an approved conditional use for a period of 180 consecutive days shall constitute abandonment and shall rescind the approval of the conditional use. Within sixty (60) days of the date of this approval, unless otherwise agreed to by the City Manager, the applicant shall: (i) dedicate to the City for educational, recreational or cultural municipal purposes, that parcel of land measuring 1.56 acres in size lying on the north side of NE 188 Street adjacent to the proposed Atrium residential development, as described in Exhibit A, in a form acceptable to the City Manager and City Attorney. (ii) provide to the City, a Declaration of Restrictive Covenants in Lieu of Unity of Title binding this property with the proposed Uptown Marina Lofts residential site, in form acceptable to the City Manager and the City Attorney and filed at the applicant's expense in the public records of Miami-Dade County. 8 Clifford A. Schulrnan (305) 579-0613 Direct Fax: (305) 961-5613 E-Mail: schulmanc@gthw.cotn Via Hand Delivery Ms. Joann Cart Planning Director City of Aventura 19200 West Country Club Drive Aventura, Florida 33180 lflflUfllfi August 1, 2003 EXHIBIT #1 06-CU-03 Re: The Atrium at Aventura / Application for Conditional Use Approval / Letter of Intent Dear Ms. Cart: On behalf of Venaventura, LLC, ("Venaventura') I respectfully submit this letter of intent as part of Venaventura's public hearing application for Conditional Use Approval pursuant to Section 31-143(g)(9) of the Aventura Land Development Regulations. Venaventura proposes to develop a multifamily residential facility named 'q'he Atrium at Aventura", consisting of 192 residential units in an eleven (11) story high building on approximately 3.42 net acres located at 3131 and 3161 N.E. 188t~ Street. Approval of this application would permit Venaventura to construct up to its currently proposed height of 11 Stories in exchange for a dedication of land to the City of Aventura which will be utilized for the construction of a charter middle school. On June 3, 2003, the Aventura City Commission adopted Ordinance No. 2003-08 which amended Section 3 I-143(g) of the Aventura Land Development Regulations to read, in pertinent part, as follows: (g) Multifamily Medium Density Residential Districts (RMF3B) (9) Bonus height provisions. If the applicant for a development permit under this section 31-143(g) proposes to dedicate land to the City for educational, recreational, or cultural municipal purposes, which land is acceptable to the City Commission, the City Commission may approve a bonus height for any multifamily building not to exceed a maximum of eleven stories or 135 feet, subject to the provisions hereof. Where the Commission approves such bonus height, the following standards shall apply: GREErtBERG TRAURIG, P.A. 1221 BRICI~ELL AVENUE l~lAMl, FLORIDA 33131 305-579-0500 FAX 305-579-0717 www.gtlaw.com August 1, 2003 Page 2 The development permit shall be considered a conditional use and the application shall be subject to the conditional use requirements of Section 31-173. The minimum size of the dedicated land shall be 1.5 acres. At the discretion of the City Commission, the density otherwise available on the land to be dedicated may be transferred, and credit for acreage in the dedicated land in the calculation of lot coverage otherwise required may be granted, in whole or in part, to (1) the parcel that receives the conditional use approval... If multiple property owners propose to dedicate the same land to receive the height bonus allowable pursuant to this section 31.143(g), then each property owner shall apply for conditional use approval and meet the criteria of this section. Multiple property owners may be eligible for such approvals only if they own adjacent properties located on the same side of the street; and the properties must be bound by a declaration of restrictive covenants made part of each conditional use approval in a form acceptable to the City Attorney, and filed at the owner's expense in the public records of Miami-Dare County. f. Minimum open space shall be 40 percent of the total lot area. h. There shall be no maximum floor area ratio. As part of the conditional use approval, the City Commission may approve architectural design standards other than the Mediterranean design features required under Section 31- 143(g)(6)a, of the Land Development Regulations. Venaventura along with Investura, LLC ("Investura"), the owner of the property adjacent to the westerly side of Venaventura's property, propose to dedicate the land described in the attached Exhibit "A" to the City of Aventura for the purpose of developing a charter middle school. The property proposed for dedication is 1.56 acres in size and is to the immediate west of the new Aventura elementary charter school. In exchange for the dedication of this land, Venaventura GREENBERG TRAURIG August 1, 2003 Page 3 respectfully requests that the conditional use approval allow that its building be developed to a height of 11 stories, that credit for acreage in the dedicated land in the calculation of the lot coverage required be granted in whole, that no maximum floor area ratio limit be placed on the development, and that design standards other than the Mediterranean design features be approved. Investura's proposed development satisfies the other criteria of Section 31-143(g)(9) in that the open space provided is 53% of the total lot area, a declaration of restrictive covenants between the Investura and Venaventura properties has been proffered and is attached as Exhibit "B', and the conditional use criteria of Section 31-73 of the Aventura Land Development Regulations are satisfied as is fully explained below. Section 31-73(c) of the Aventura Land Development Regulations provides the following criteria for conditional use approvals: (1) The proposed use shall be consistent with the Comprehensive Plan; (2) The establishment, maintenance or operation of the proposed use shall not be detrimental to or endanger the public health, safety, or general welfare; (3) The proposed use shall be consistent with the community character of the immediate neighborhood of the proposed use; (4) Utilities, roadway capacity, drainage, and other necessary public facilities, including police, fire and emergency services, shall exist at the City's adopted levels of service, or will be available concurrent with demand as provided for in the requirements of theses LDRs; (5) Adequate measures exist or shall be taken to provide ingress and egress to the proposed use in a manner that minimizes traffic congestion in the public streets; (6) The establishment of the conditional use shall not impede the development of the surrounding properties for uses permitted in the zoning district; and (7) The design of the proposed use shall minimize adverse effects, including visual impacts, of the proposed use on adjacent property through the use of building orientation, setbacks, buffers, landscaping and other design criteria. (~REENBERG TRAURIG August 1, 2003 Page 4 Criteria (1),(3), and (6) outlined above are satisfied by the proposed development in that it will consist of a residential use which is consistent with the Comprehensive Plan and the increasingly residential nature of the surrounding neighborhood, and in no way impedes the development of surrounding properties for uses permitted in the RMF3B zoning district. Criteria (2),(4),(5), and (7) are satisfied by the proposed development in that sufficient infrastructure capacity and ingress/egress to the property are or will be available, the physical and design characteristics of the proposed development will be reviewed and approved by Planning Department staff, and the increased height of the proposed building will not be detrimental or endanger the public health, safety, and general welfare. We respectfully submit that this application satisfies all applicable conditional use criteria. This application is an essential part of a proposal which will provide the City of Aventura the option to open a charter middle school for the benefit of its younger residents or to use the dedicated property for any other approved public use. Approval of this application would be a great step forward in providing further public amenities to Aventura families and in truly creating a "City of Excellence". We respectfully request your favorable consideration of this application and ask that you schedule it for the September 2, 2003, meeting of the Aventura City Commission. If you have any questions, or wish to discuss this matter further please contact me at 305-579-0613 or my Associate, Marlo Garcia-Serra, at 305-579-0837. Thank you for your attention to this matter. Sincerely, Clifford A. Schulman cc: Mr. Enrique Feldman Mr. Sami Shiro GREENBERG TRAURIG EXHIBIT "A" LEGAL DESCRIPTION Beginning at Northwest comer of East 1/2 of Northeast 1/4 of Southwest 1/4 South 1072.1l ft. East 1597.55 ft. North 312.98 ft. to centerline of canal East 218.71 ft. South 310.18 ft. West 218.70 ft. to point of beginning subject to easement, all in Section 3, Township 52, Range 42. This instrument was prepared by or under the supervision of: Name: Clifford A. Schulman, Esq. Address: 1221 Brickell Avenue Miami, FL 33131 EXHIBIT "F" (Space reserved for Clerk) COVENANT RUNNING WITH THE LAND IN LIEU OF UNITY OF TITLE KNOW' ALL BY THESE PRESENTS that the undersigned (collectively, the "Owners") hereby make, declare and impose on the land herein described, the easements and covenant running with the title to the land, which shall be binding on the Owners, all heirs, successors and assigns, personal representatives, mortgagees, lessees, and against all persons claiming by, through or under them; WHEREAS, VENAVENTURA, L.L.C., a Florida limited liability company, holds the fee simple title to the land in the City of Aventura, Miami-Dade County, Florida, described in Exhibit "A" (the "Atrium Property"), attached hereto and made a part hereof; and WHEREAS, INVESTURA, LLC, a Florida limited liability company, holds the fee simple title to the land in the City of Aventura, Miami-Dade County, Florida, described in Exh/bit "B" (the "Lofts Property"), attached hereto and made a part hereof; and WHEREAS, the Owners of the Atrium Property and the Lofts Property have sought conditional use approval of the City of Aventura to construct on their properties in accordance with site plans so that the properties can be separately sold and developed for the projects noted below, or any other future projects that maybe approved by the City of Aventura; and WHEREAS, the Owners of the properties may wish to convey portions of that pmperty from time to time, and may wish to offer units as condominiums or in fee.simple; and WHEREAS, this instrument is executed in order to assure that the future multiple ownership will not violate the Zoning Code of the City of Aventura and to effect the release of the Covenants noted above. NOW' THEREFORE, in consideration of the premises, Owners hereby collectively agree, for their individual properties and the totality of land encumbered hereby, as follows: The Atrium Property will be developed in conformity with the plans enumerated as part of the Conditional Use Approval for Venaventura, LLC and more specifically referenced in Site Plan Approval 06-CU-03, attached hereto and made a part hereof as Exhibit C. No modification shall be effected in said site plan without the written consent of the then owner(s) of the Atrium Property, as to changes specifically proposed for theh' Tract or Parcel or Lot, and the City Manager of the City of Aventura, and provided the City City Use Only Legal Verified Covenant Running with the Land in Lieu of Unity of Title Page 2 Manager finds that the modification is not a major modification and conforms with the standards established in the City of Aventura Land Development Regulations, and provided further, that should the City Manager withhold such approval, the then owner(s) of the Atrium Property, shall be permitted to seek such modification by application to modify the plan and/or covenant at public hearing before the City of Aventura City Commission. The Lofts Property will be developed in conformity with the plans enumerated as part of the Conditional Use Approval for the Investura, LLC and more specifically referenced in Conditional Use Approval (05-CU-03), attached hereto and made a part hereof as Exhibit D. No modification shall be effected in said site plan without the written consent of the then owner(s) of the Lofts Property, as to changes specifically proposed for their Tract or Parcel or Lot, and the City Manager of the City of Aventura, and provided the City Manager finds that the modification is not a major modification and conforms with the standards established in the City of Aventura Land Development Regulations, and provided further, that should the City Manager withhold such approval, the then owner(s) of the Lofts Property, shall be permitted to seek such modification by application to modify the plan and/or covenant at public hearing before the City of Aventura City Commission. If either Property is developed in phases, each phase will be developed in accordance with the Site Plan Approvals except as otherwise modified. In the event of multiple ownership subsequent to the Site Plan Approvals, each of the subsequent owners, mortgagees and other parties in interest of the Atrium and Lofts Properties shall be bound by the terms, provisions and conditions of this instrument. Owners further agree that they will not convey portions of the properties, other than individual condominium units, to other parties unless and until Owners and such other party or parties shall have executed and mutually delivered in recordable form, an instrument to be known as an "Easement and Operating Agreement" which shall contain, among other things: (i) easements in the common area of each parcel for ingress to and egress from other parcels; (ii) easements in the common area of each parcel for the passage and parking of vehicles; (iii) easements in the common area of each parcel for the passage and accommodation of pedestrians; (iv) easements for access roads across the common area of each parcel to public and private roadways; City Use Only Legal Verified __ Covenant Running with the Land in Lieu of Unity of Title Page 3 (v) (vi) (vii) (viii) (ix) (x) (xi) (xii) easements for the installation, use, operation, maintenance, repair, replacement, relocation and removal of utility facilities in appropriate areas in each such parcel; easements on each such parcel for construction of buildings and improvements in favor of each such other parcel; easements upon each such parcel in favor of each adjoining parcel for the installation, use, maintenance, repair, replacement and removal of common construction improvements such as footings, supports and foundations; easements on each parcel for attachment of buildings; easements on each such parcel for building overhangs, other overhangs and projections encroaching upon such parcel from adjoining parcel such as, by way of example, marquees, canopies, lights, lighting devices, awnings, wing walls and the like; appropriate reservation of rights to grant easements to utility companies; appropriate reservation of rights to dedicate road rights-of-way and curb cuts; easements in favor of each such parcel for pedestrian and vehicular traffic over dedicated private ring roads and access roads; and (xiii) appropriate agreements between the owners of the several parcels as to the obligation to maintain and repair all private roadways, parking facilities, common areas and the like. The easement provisions or portions thereof, may be waived in writing by the City Manager, or his/her designee if they are not applicable to the subject applications. When executed, the Easement and Operating Agreement shall not be amended without the prior written approval of the Office of the City Attorney of the City of Aventura. Such Easement and Operating Agreement may contain such other provisions with respect to the operation, maintenance and development of the Atrium and Lofts Property as to which the parties thereto may agree or the City Manager may require, all to the end that although the properties may have several owners, it will be constructed, conveyed, maintained and operated in accordance with the Site Plan Approvals and in a coordinated and unified manner. The provisions of this instrument shall become effective upon their recordation in the Public Records of Miami-Dade County, Florida, and shall continue in effect for a period of thirty (30) years after the date of such recordation, after which time they shall be extended automatically for successive periods of ten (10) years each, unless released in writing by the then owners of the properties, as to their affected property, and the City Manger acting for and on behalf of the City of Aventura, Florida, upon the demonstration City Use Only Legal Verified __ Covenant Punning with the Land in Lieu of Unity of Title Page 4 10. 11. and affirmative finding that the same is no longer necessary to preserve and protect such property for the purposes herein intended. The provisions of this instrument may be amended, modified or released by a written instrument executed by the then Owner or Owners of the affected Tract or Parcel, with joinders by all of their respective mortgagees, if any, and subject to the approval and consent of the City Manager or his or her successor. Enforcement shall be by action against any parties or persons violating or attempting to violate any covenants contained herein. The prevailing patty to any action or suit pertaining to or arising out of this Declaration shall be entitled to recover, in addition to costs and disbursements allowed by law, such sum as the Court may adjudge to be reasonable attorneys' fees. This enfomement provision shall be in addition to any other remedies available at law, in equity or both. Invalidation of any of these covenants by judgment of Court shall not affect any of the other provisions, which shall remain in full fome and effect. All rights, remedies and privileges granted herein shall be deemed to be cumulative and the exercise of any one or more shall neither be deemed to constitute an election of remedies, nor shall it preclude the party exercising the same from exercising such other additional fights, remedies or privileges. In the event of a violation of this Declaration, in addition to any other remedies available, the City of Aventura is hereby authorized to withhold any future permits, and refuse to make any inspections or grant any approval, until such time as this Declaration is complied with. This Declaration shall be recorded in the public records of Miami-Dade County at the Owners' expense. THE REMAINDER OF THIS PAGE IN INTENTIONALLY LEFT BLANK City Use Only Legal Verified __ Covenant Running with the Land in Lieu of Unity of Title Page 5 ACCEPTED by the City of Aventura, this day of ,2003. CITY OF AVENTURA BY: City Manager Approved: Attest: City Attorney City Clerk STATE OF FLORIDA ) ~SS COI_rNTY OF MIAMI-DADE ) (SEAL) The foregoing instrument was acknowledged before me this day of ,2003, by Eric Soroka, City Manager for the City of Aventura., on behalf of said city, who is personally known to me or produced as identification. My Commission Expires: Print Name: Title: Serial No.: , a Florida Limitied Liability Coropopration. By: Print Name, Title ., President Sign: Witness (Print Name) City Use Only Legal Verified __ Covenant Running with thc Land in Lieu of Unity of Title -- Page 6 Sign: Witness (Print Name) STATE OF FLORIDA ) .'$S COUNTY OF MIAMI4DADE ) The foregoing instrument was acknowledged before me this day of ,2003, by ., the President of , on behalf of said corporation, who is personally known to me or produced as identification. My Commission Expires: Print Name: Title: Serial No.: Liability Corporation , a Florida Limited By: Print Name, Title , President Sign: Witness (Print Name) Sign: Witness (Print Name) City Use Ouly Legal Verified __ Covenant Running with the Land in Lieu of Unity of Title Page 7 STATE OF FLORIDA ) :SS COUNTY OF MIAMI-DADE ) The foregoing instrument was acknowledged before me this , the President of who is personally known to me or produced day of ., 2003, by , on behalf of said corporation, as identification. My Commission Expires: Print Name: Title: Serial No.: City Use Only Legal Verified __ BROWARD COUNT'~ mlll~ll~ t~_" DADE COUNTY P~k Ourse-- ~ YACHT LUB DR. ....,.,.,.,.,~ _~ ~ ~- ~'~ ~ ~ Wate~vays ~ ~YS ~ [ Shoppes 207 ST. ~' COUNTRY CLUB DR, Shops ~ ~.~ '~ } ~,. ~. ,,. (~ ~1 TER. ~ T~rn~r~ AVENTURA ~ ~tation ~br~ Ave~ura Mall ~f Aventura . / IGovemment Cer 192 ST. i 9 ~,,,,~,,,,~ ~ . / Fa~ldon ~C ~ ~ ~,, ~ ~wThe Atrium Site L ..... I ~1 Du.fou~ling ..... ~_ ~ ~,,la.. : e ~ Maule ~ ) ~u~ '-' ' '-' · '" ' '" '" ' ~ I LEGEND · .' / i ~ ~ ...... , · ~ ~ ~ I ......... · .- / I I ........... :." : Atlantic Ocean EXHIBIT #3 06-CU-03 '~TRIUM AT AVENTURA EXHIBIT #4 06-CU-03 LEGAL DESCRIPTION: X portion of the South 1/2 of Section 3, Township 52 South. Range 42 East, Dada County, Florida, being more AND Pamel 2: The east 100.0 feet of the west 270.70 feet of the follow[rig described property. Begin at the center of Sect;on 3. Towlmh¥ 52 South, Range 42 F. oat, Uiami-Dade County, Florida; thence nm AND Parcel 3: AND A portion of Tract N of MARINA DEL REY REVISED according to the plat thereof, as recorded in Plat Book 144 at Page 89 of the Public Records of Miami-Dade County, Florida and being more particularly described as follows: Commence at the Northwest comer of said Tract N; thence South 02°24'12" East along the West line of said Tract N for 326.46 feet; thence North 87030'00'' East along the South line of said Tract N for 211.62 feet; thence South 02030'00'' East along the West line of said Tract N for 62.50 feet to the most Southerly Southwest comer of said Tract N; thence North 87030'00" East along the South line of said Tract N for 625.78 feet to the Point of Beginning of the hereinafter described submerged parcel; thence North 03°11'40" West for 87.37 feet; thence North 87030'00" East along a line parallel with and 87.36 feet north of said South line of Tract N for 266.05 feet; thence South 02°30'00 East for 11.20 feet; thence North 87030'00" East along a line parallel with and 76.16 feet north of said South line of Tract N for 204.23 feet; thence South 02°30'00 East for 76.16 feet to a point on said South line of Tract N; thence South 87030'00" West along said South line of Tmet N for 469.22 feet to the Point of Beginning. Said submerged parcel lying and being in the City of Aventura, Miami-Dade County, Florida and containing 38,750 Scluare feet or 0.890 acres more or le~ Consulting Englneert, Survayora & Mappers Jsmes W. Leery, PSM Sec. Treasurer 180 No~heaat168th Street No~h Miami Beach, Florida 33162-3412 Phone305-653-4493 Fax 305-651-7152 July 30, 2003 City of Aventura Community Development Dept. City of Aventura Government Center 19200 West Country Club Drive Aventura, FL 33180 EXHIBIT #6 06-CU-03 Re: Atrium Project Compliance With Concurrency Requirements Job No. 20037034 Gentlemen: The Atrium property is in compliance with the level of service requirements as noted below. 1. Potable Water The treatment system will operate with a rated maximum daily capacity, which is no less than two percent above the maximum daily flow for the preceding year, and an average daily capacity of two percent above the average daily per capita system demand for the preceding five years. Water shall be delivered to users at a pressure no less than 20 pounds per square inch and no greater than 100 psi. Unless otherwise approved by Miami-Dade Fire Department or successor entity, minimum fire flow will be 3000 gallons per minute. Water quality shall meet all Federal, State and county primary standards for potable water. Storage capacity for finished water shall equal no less than 15 percent of the average daily demand. 2. Sanitary Sewer Service Thc wastewater treatment plant will operate with the physical capacity of no less than the annual average daily sewage flow. b. Effluent discharge plant shall meet all Federal, State and County Standards. Upon completion of a new regional pump station, the system will maintain the capacity to collect and dispose of 102 percent of the average daily per capita sewage system demand for the preceding 5 years. 20037034Com~lianceL~R~-.Atrium.ts City of Aventura July 30, 2003 Page 2 3. Traffic Circulation Traffic circulation shall meet the requirements of the City of Aventura Land Development Regulation Sec. 31-239(f)(3)a. 4. Mass Transit Mass transit shall meet the requirements of the City of Aventura Land Development Regulation Sec. 31-239(0(4). 5. Storm Water Management (drainage) a. Flood protection. All structures shall be constructed at, or above, the minimum floor elevation specified in the Federal Flood Insurance Rate Maps plus one foot, or as specified in the Miami-Dade County Code, whichever is higher. b. Water quality. The annual average for each priority NPDES pollutants will not exceed the established criteria as determined by Miami-Dade county DER/VI. Additionally, on- site Stormwater systems will be inspected and maintained as required. 6. Solid Waste Disposal Miami-Dade County shall maintain, for a minimum of five years, a solid waste disposal capacity sufficient to accommodate waste flows committed to the system. See attached memo. 7. Parks and Recreation The Level of Service Standard is met for this component. (See attached 7/20/01 City of Aventura concurrency report regarding same.) Please contact me if you have any questions regarding the above or need additional information. Sincerely, , LEAVY, SKILES, IN,C. Carl L. Shies, P.E, #13617 President ..... Attachment ' ... ; Cc: Venaventura , 20037034ComplianceLetter. Atfium.ts Fortin, Leavy, Skiles, Inc. p.15 to .' :xsc~lccs ~c mclud~ m ~m ~ accord~ ~ ~a tcr 33G of thc ~-Dadc ...... .--..~ a~e~ spre~sheet pr~en~ ~cprojected ufili~flon o[~h~ 5ystm's ~em~ng disposal ..... ; ..-/;,~paci~ ov~ a period.of ne~ly a0 ye~s. ':~c projection is ha~.gg~e dmmd gencr~[cd.hy .'..'-; .:: /,L'i?'¢~' :'-.' ....,-' .', . · '.-"....' · '.-: .... ' ~'- -:' .~ ".' "- . · .... '~. :. - :'~ ~:q~L~OS is ade~fiatc'to*pc~i( d~lopmmt'ordcm Io;bc:lss~cdi ~ls de~,n~tlon sha~ .y. -.. -.~:...~ ' ~bs~fi~y al~ ~ projections, ~ De~ent.~][[ ~c..~ ~pd~tcd detainS0~ ' - !~e~ent - .... ~-"~ ..... ~ ............ .'. '. ' ' 4 '~'': ~?:" Katie G~ Brook~; ............ ' ....................................... ', ' Agsisfmt Dkcctof for F~ce ~d pl~[ng,D8~ ..........: .. · . . ... ::,. CONCURRENCY REQUIREMENTS SECTION 31-239 LDR PARKS AND RECREATION COMPONENT Requirement: 2.75 acres per 1,000 residents Calculation: 2000 Census = 25,267 residents Therefore, require 2.75X25,300/1000 or 69.5 acres of park/recreation land Analysis: Type Facility Public Recreation Areas C Country Club Drive Exercise/Walking Path N Huber Tract N Waterways Park N Aventura Founders Park Acres Applicable Acres 5.5 5.5 3.5 3.5 1.0 1.0 11.0 11.0 Public Recreation Subtotal 21.0 21.0 Private Recreation Areas Private Recreation Sites Marina Complexes Golf Courses 63.61 31.81 9.40 2.35 203.17 50.79 Total Recreation Areas 297.18 105.95 C = Community Park N = Neighborhood Park Level of Service Standard is met for this component. Prepared by J. Carr 7/22/03 RESOLUTION NO. 2003- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, GRANTING CONDITIONAL USE APPROVAL TO PERMIT AN ELEVEN STORY, 135 FOOT HIGH RESIDENTIAL BUILDING WITH ARCHITECTURAL DESIGN OTHER THAN MEDITERRANEAN STYLE AND A TRANFER OF DENSITY ON 1.216 ACRES FROM LAND TO BE DEDICATED TO THE CITY OF AVENTURA; FOR PROPERTY LOCATED AT 3131 NE 188 STREET; PROVIDING AN EFFECTIVE DATE. WHEREAS, the property described herein is zoned RMF3B, Multi-Family Medium Density Residential District and WHEREAS, the applicant, through Application No. 06-CU-03, has requested conditional use approval to permit an eleven story, 135 foot high residential building with an architectural design other than Mediterranean style and a transfer of density for 1.216 acres from land to be dedicated to the City in the Multi-Family Medium Density Residential District; 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 No. 06-CU-03 for conditional use approval to permit an eleven story, 135 foot high residential building with an architectural design other than Resolution No. 2003- Page 2 Mediterranean style and a transfer of density for 1.216 acres from land to be dedicated to the City of Aventura in the Multi-Family Medium Density Residential District on property located at 3131 NE 188 Street and legally described in Exhibit "A" to this resolution is hereby granted, subject to the conditions in Section 2. Section 2. The approvals granted in Section 1 above are subject to the following conditions: 1. Plans shall substantially comply with those submitted as follows: · "The Atrium at Aventura", Site/Roof Floor Plan, Sheet A-l, prepared by Schapiro Associates, dated 02/20/03, revised 2/21/03, 3/20/03, 6/25/03 and 7/19/03, signed and sealed 07/20/03. · "The Atrium at Aventura", Level 1 - Ground Floor Plan, Sheet A-2, prepared by Schapiro Associates, dated 02/20/03, revised 2/21/03 and 7/19/03, signed and sealed 07/20/03. · "The Atrium at Aventura", Level 2 - Parking Floor Plan, Sheet A-3, prepared by Schapiro Associates, dated 02/20/03, revised 2/21/03 and 7/19/03, signed and sealed 07/20/03. · "The Atrium at Aventura", Deck Level - Third Floor Plan, Sheet A-4, prepared by Schapiro Associates, dated 02/20/03, revised 2/21/03 and 7/19/03, signed and sealed 07/20/03. · "The Atrium at Aventura", Level 3A - Deck 2nd Floor Plan, Sheet A-5, prepared by Schapiro Associates, dated 02/20/03, revised 2/21/03 and 7/19/03, signed and sealed 07/20/03. · "The Atrium at Aventura", Level 4 - Floor Plan, Sheet A-6, prepared by Schapiro Associates, dated 02/20/03, revised 2/21/03 and 7/19/03, signed and sealed 07/20/03. · "The Atrium at Aventura", Typical Floor Plan, Sheet A-7, prepared by Schapiro Associates, dated 02/20/03, revised 2/21/03 and 7/19/03, signed and sealed 07/20/03. · "The Atrium at Aventura", Penthouse Floor Plan, Sheet A-8, prepared by Schapiro Associates, dated 02/20/03, revised 2/21/03 and 7/19/03, signed and sealed 07/20/03. · "The Atrium at Aventura", Penthouse 2nd Floor Plan, Sheet A-9, prepared by Schapiro Associates, dated 02/20/03, revised 2/21/03, 06/25/03 and 7/19/03, signed and sealed 07/20/03. Resolution No. 2003- Page 3 · "The Atrium at Aventura", Exterior Elevations, Sheet A-lO, prepared by Schapiro Associates, dated 02/20/03, revised 2/21/03, 06/25/03 and 7/19/03, signed and sealed 07/20/03. · "The Atrium at Aventura", Exterior Elevations, Sheet A-11, prepared by Schapiro Associates, dated 02/20/03, revised 2/21/03, 06/25/03 and 7/19/03, signed and sealed 07/20/03. · "The Atrium at Aventura", Building Sections, Sheet A-12, prepared by Schapire Associates, dated 02/20/03, revised 2/21/03 and 7/19/03, signed and sealed 07/20/03. · "The Atrium at Aventura", Level 3, Enlarged Plan, Sheet A-13, prepared by Schapiro Associates, dated 02/20/03, revised 2/20/03 and 7/19/03, signed and sealed 07/20/03. "The Atdum at Aventura", Deck 2nd Floor, Enlarged Plan, Sheet A-14, prepared by Schapire Associates, dated 02/20/03, revised 2/20/03 and 7/19/03, signed and sealed 07/20/03. · "The Atrium at Aventura", Typ. Floor, Enlarged Plan, Sheet A-15, prepared by Schapiro Associates, dated 02/20/03, revised 2/20/03 and 7/19/03, signed and sealed 07/20/03. · "The Atrium at Aventura", Penthouse, Enlarged Plan, Sheet A-16, prepared by Schapiro Associates, dated 02/20/03, revised 2/20/03 and 7/19/03, signed and sealed 07/20/03. · "The Atrium at Aventura", Penthouse, 2nd Floor Plan, Sheet A-17, prepared by Schapiro Associates, dated 02/20/03, revised 2/20/03 and 7/19/03, signed and sealed 07/20/03. · "The Atrium at Aventura", Landscape Plan Pool Deck, Sheet L-l, prepared by Rhett Roy Landscape Architecture, dated 06/26/03, revised 07/11/03, signed and sealed 07/16/03. · "The Atdum at Aventura", Preliminary Planting, Lighting and Paving Schedules, Sheet L-2, prepared by Rhett Roy Landscape Architecture, dated 06/26/03, revised 07/11/03, signed and sealed 07/16/03. · "Atrium at Aventura", Land Title Survey, Sheet 1 of 2, prepared by Fortin Leavy Skiles Inc., dated 10/1/99, last revised 7/24/03, signed and sealed. · "Atrium at Aventura", Land Title Survey, Sheet 2 of 2, prepared by Fortin Leavy Skiles Inc., dated 10/1/99, last revised 7/24/03, signed and sealed. 2. Building permits shall be obtained within twelve (12) months of the date of this conditional use approval, failing which this approval shall be null and void unless extended by motion of the City Commission. 3. Any discontinuation of an approved conditional use for a period of 180 consecutive days shall constitute abandonment and shall rescind the approval of the conditional use. Resolution No. 2003- Page 4 4. Within sixty (60) days of the date of this approval, the applicant shall: (i) dedicate to the City for educational, recreational or cultural municipal purposes, that parcel of land measuring 1.56 acres in size lying on the north side of NE 188 Street adjacent to the proposed Atrium residential development, as described in Exhibit A, in a form acceptable to the City Manager and City Attorney. (ii) provide to the City, a Declaration of Restrictive Covenants in Lieu of Unity of Title binding this property with the proposed Uptown Marina Lofts residential site, in form acceptable to the City Manager and the City Attorney and filed at the applicant's expense in the public records of Miami-Dade County. Section 3. 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 4. Effective Date. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by , who moved its adoption. The motion was seconded by , and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach Commissioner Jay R. Beskin Commissioner Robert Diamond Commissioner Ken Cohen Commissioner Harry Holzberg Vice Mayor Manny Grossman Mayor Jeffrey M. Perlow Resolution No. 2003- Page 5 PASSED AND ADOPTED this 7th day of October, 2003. ATTEST: JEFFREY M. PERLOW, MAYOR TERESA M. SOROKA, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY This Resolution was filed in the Office of the City Clerk this __ day of September, 2003. CITY CLERK '~TRIUM AT AVENTURA EXHIBIT #4 06-CU-05 LEGAL DESCRIPllON: A por6on o! the So~th 1/2 of Section 3. Township 52 South, Range 42 East, Dodo County, Fk)r;4o, being frmre Parcel 1: AND Parcel 2: The eo~t 100.0 feet of the west 270.70 feet of the follow~g de~cdbed property:. 8eg~ of the ceofer of Se~-tk~o 3. Towe~hip 52 ~. ~nge 42 ~ ~e ~ty, ~; ~e~e mn N 8~'~' W 670.26 f~ to ~ ~w~ ~ of ~ ~ 1/2 of ~ ~ 1/4 of ~ ~w~ 1/4 ~ ~M ~ 3; ~ ~ S ~39'~' E o~ ~ w~ ~ ~ ~ ~ 1/2 ~ ~ n~ ~ 1/4 of ~ ~ 1/4 of ~ ~n ~ f~; ~ ~ 1107.11 f~ ~ e ~ ~ mn N 8F20'~' E ~ o ~e ~ ~ S 8~56'45' E ~ ~ ~ter ~ of ~id m~l f~ . d~ ~ 691~ fe~ to o ~inb ~e~ mn ~D P~ 3: ThebeS<it t2h01.55 feet of.the wear 472.25 feet of the following dolc~ property: Beg et he center S~ 3, Town,by 52 South, Ronge 42 Eolf~ Mium~--D<a:la County, Rotlc[o; thence run N 89'50'55" W 670~26 feet t~ the northw~ ~orner of the east 1/2 of the n~'Lheo~t 1/4 of the southwest 1/4 of m~l Sectkm 3; thence run $ 00'39'25" E oloog the weet ~ of the eeat 1/2 of the northeost 1/4 of the mmthwe~t S 89'56'45" E (dong the center llne of eekJ canal fro' a dij~m:~ of 691.55 feet to a point; t~ nm AND A portion of Tract N of MARINA DEL REY REVISED according to the plat thereof, as recorded in Plat Book 144 at Page 89 of the Public Records of Miami-Dado County, Florida and being more particularly described as follows: Commence at the Northwest comer of said Tract N; thence South 02°24'12'' East along the West line of said Tract N for 326.46 feet; thence North 87°30'00" East along the South line of said Tract N for 211.62 feet; thence South 02°30'00" East along the West line of said Tract N for 62.50 feet to the most Southerly Southwest comer of said Tract N; thence North 87°30~0" East along the South line of said Tract N for 625.78 feet to the Point of Beginnin$ of the hereinafter described submerged parcel; thence North 03°11'40# West for 87.37 feet; thence North 87030~)0" East along a line parallel with and 87.36 feet north of said South line of Tract N for 266.05 feet; thence South 02°30'00 East for 11.20 feet; thence NOl~ g7030'00# East along a line parallel with and 76.16 feet north of said South line of Tract N for 204~3 feet; thence South 02°30'00 East for 76.16 feet to a point on said South line of Tract N; thence South 87°30'00" West along said South line of Tract N for 469.22 feet to the Point of Beginning. Said submerged parcel lying and being in the City of Aventura, Miami-Dado County, Florida and containing 38,750 square feet or 0.890 acres more or le~. APPLICANT REPRESENTATIVE AFFIDAVIT Pursuant to Section 31-7 t (b)(2)(i) of the City of Aventura I.~nd Development Code, this Applicant Representative Affidavit is hereby made and submitted. The undersigned authorized representative of the individual or entity applying for the Development Permit, which is identified in the accompanying application, and the owner of the properly subject to the applicaf~on (if different) hereby lists and identifies all persons representing the individual or entity applying for the Development Permit in connection with the application, as follows: Name Relationship (i.e. Altomeys, Architects, Landscape Am~it~ts, Engineers, LobbyMs, Etc.) Clifford A. Schulman Mario J. Garcia-Serra Attorney Attorney (Attach Additional Sheets If Necessary) NOTICE:ANY STATEMENT OR REPRESENTATION MADE BY ANY PERSON USTED ON THE APPUCANT REPRESENTATIVE AFRDAVIT SHALL BE BINDING UPON THE INDIVIDUAL OR ENTITY APPLYING FOR THE DEVELOPMENT PERMIT ANOTHE OWNER OF THE SUBJECT PROPERTY. APPMCANTS AND AFRANTS ARE ADVISED TO TIMELY SUPPLEMENT THIS AFFIDAVIT PURSUANT TO SEC. 31-71(B)(2)(IV) OF THE CITY'S LAND DEVELOPMENT REGULATIONS IN THE CITY CODE, IN THE EVENT THAT PRIOR TO CONSIDERATION OF TIlE APPLICATION BY THE CITY BOARD OR COMMISSION, THE INFORMATION PROVIDED IN THE AFFIDAVIT BECOMES INCORRECT OR INCOMPLETE. WITNESS MY HAND THIS ~l ~ DAY OF AUTHORIZED REPRESENTATIVE OF APPLICANT: (Signature) _ Address: STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) OWNER ~)e)~ By: Name: ~'.~ ~12~ 0 e' - ~ / I ]l~*? {~ '*?.~ MY COMMISSION it CC g62878 II ~.:~;~i?~ EXPIRES: August 22, 2004 hg~autho[Ac:~'~presentative of the ~___~,'did s ea~r affirm that he/she AFFIANT ~,.~/~ Notary ,t~'~-of FIo(~a N Large Printed Name of Notary My commission expires: SWORN TO ANO SU.SCR,BEO BEFORE ME th [';yO, Before me the undersigned authority personally appeared Applicant and/or the owner of the property subject to the application, who being first by me dU'Jy<:_~ executed this Affidavit for the purposes stated therein and that it is true and correct. BUSINESS RELATIONSHIP AFFIDAVIT* This Affidavit is made pursuant to Section 31-71(b)(2)(ii) of the Ci[y of Aventura Land Development Code. The undersigned Atfiant hereby discloses that: (mark with "x' applicable portions only) k] 1. Affiant does no_! have a Business Relationship with any member of the City Commission or any City Advisory Board to which the application will be presented. I]2. Affiant hereby discloses that it does have a Business Relationship with a member of the City Commission or e CH Advisory Board to which the application will be presented, as follows: sewes). (List name of Commissioner or Advisory Board Member) who serves on the (List City Commission or City Advisory Board upon which member The nature of the Business Relationship is as follows: ill, Member of City Commission or Board holds an ownemhip interest in excess of 1% of total assets or capital stock of Applicant or Representative; Member of City Commission or Board is a parlner, 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; The Applicant or Representative is a Client of a member of the City Commission or Board or a Client of another profassional 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. WlTNESS MY HAND THIS 31/r DAYOF ,J~v~ ,20C~ APPLICANT: Name: Marlo J. Garcia-Serra (Print) ~'~e: A~orn~y (PrinJ) WITNESS MY HAND THIS %t ~ DAYOF S~,~ e: 6 ,4 ,,,3 (Pdn~) (PdnO ' I *The terms 'Business Relationship,' "Client,' 'Customer," 'Applicant,' 'Representative' and "Interested Person" am defined in Section 2-395 of the Aventura City Code. ITNESSMYHANDTHIS'~/ DAYOF'~'~ ~/ REPRES~NTATIVI~,(L~s,t~I on Busine~ Rel~t~nship Aff~avit) Name. ' - (Print) T~le: At~ey (PdnO B~ ~" ~'~Sig~ture) Nam~o ~. ~c~a-S~fint) T~e: A[~ey (Print) By:. (Signature Name: (Print) 'title:. .(Print) By:. (Signature Name: (Print) T, le:. .(Print) BT.. .(Signature) By:.~ (Signature Name:. .(Print) Name: .(Print) Title:. .(Print) Title: .(Print) BT. (Signature) By: (Signature Name: (Print) Name: .(Print) T'~le: .(Print) T~le: (Print) BT. (Signature) By: (Signature Name:. .(Print) Name: (Print) T~le: (Print) T~le:. .(Print) BT. (Signature) By:.. (Signature Name:. .(Print) Name:. (Print) Tide: (Print) 'l'~le: .(Print) NOTE: 1) Use duplicate sheets if disclosure Information for Representative varies 2) Applicants and Affiants are advised to timely supplement ~ls Affidavit pumuant to Sec. 31-71(b)(2Xiv) of the City's Land Development Regulations In the City Code, In the event that prior to consideration of the application by the City Board or Commission, the Information provided In the Affidavit becomes Incorrect or Incomplete. ri' STATE OF FLORIDA ) COUNTY OF MLt~MI-DADE) NOTARIZATION PROVISION Belom me, {he unders~ned autho~y, personally appeared Clifford A. Schulman the AffianJ(',~ ~ first by me duly sw~m, did swear or affirm that P~le¢l N~me d Netway My commiss~ expires: STATE OF FLORIDA ) COUNTY Of: Before me, ~he undemigned aul~odty, persaea~ a,~ed ~e Affiant, who berg r'a~t by me du~y sworn, did swear a' aEm'n that he/s~e executed ~,is Nfida~ kx ~e pu~x~,e, sated themin and Ihat it Is ~ue and com~L AFFIANT I NOTARy PUBU;C 5TA'~ = OF FLORIDA [ Notary Public State of FIo~ At La~ge I COMMtSS[ON NO. C. CaYoS~ I -- I i . pt ,?ofNo ,y My STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me, the undersigned authority, personally appeared he/she executed this A~davit for the purposes stated Iherein and that ~t Is ~e ~ ~ the NfanL who behg limt by me duly sworn, did swear or affirm that SWORN TO ANO SUBSCRIBED before me this d~yof Notary Pubr~c State of FIo~da At Luge My commission expires: STATE OF FLORIDA ) COUNW OF M~t-DADE) he/~e executed this AfFxiavit ~ the puqx~',es stated therein ~nd II~t it is tree end cottecL SWORN TO AND SUBSCRIBED before me this day of · Ira AFfant, t~o being rust by me duly sworn, did sv~e,r ~' affirm that AFFIN~T Nolar/Public Sm~ ~ F~da At large P~nted Name of My commis,~ e~plres: APPLICANT REPRESENTATIVE AFFIDAVIT pucsuant to Sectio~ 31-71('o)(2)(i) of the City The und~igned aulho~zed repmsent,~m d Ihe indvidual or erfitY aPP~ng f°r the Development Pemi~ v/nich ~s identified m the acco~Pa.. ~ ......... ~ ..~ ~,,~ the Develq~. Pem~it m conne~ app~ identifies all persons representing the Inan~dua or erm[y Relafonship Name (Att,~h Ad~onal Sheets tf Necessap/) NOTICE:ANY STATEMENT OR REPR~SENTAI~ON MADE BY ANY PERSON USU=D ON 1HE APPUCANT REPRESENTATIVE AFIqDAVIT SHA. L~ BE BINOING UPON 11-1E INDMOUAL O.~N'I1TY APPLYING FOR 11.1E DEVELOPMENT PERMIT AND THE OWNER OF THE SUBJECT pROPERTY. BUSINESS RELATIONSHIP AFFIDAVIT* This Nf'ldavit is made pursuant to Sectio~ 3t-7t(b)(2)(iO of the City of Aventura Land Development Code. The undersigned Nfant hereby discloses that: (mark with 'x' applicable portieas only) Aft"ant does no._jt have a Business Relationship with any member of the City Commission or any City AdvisoP/ Board to wflic~ the applicati~ will be presented. [ ] 2. ,Uhant hereby discloses that it 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: serves). (List name of Commissioner or Advisory Board Member) who stoves on the (List City Commission or City Advisory Board upon which member The nature of the Business Relatk)nship is as follows: Iii. Member of City Commission or Board holds an ow~orship interest in excess of 1% of total assets or capita stock of Appr, cant or Representative; 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; The Applicant or Representative is e Client of a member of the City Commission or Board or a Client of another professional working from the same oft'me or Ior 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; APPUCA Name: WITNESS ~_._D PROPERTY OWNEI~ []v. The Applicant or Representative is a Customer of the member of the City Commission or Bnard (or of his or her employer) end transacts more than StO,O00,O0 of the business of the member of the City Comm!sslon or Beard (or his or her empinyer) in a given calendar year, vi. The member of the City Commission or Board is a Customer of the Applicant or Representative and transacts moro than $25,000.00 of the business of the Applicant or Representative in a given ~ (Signature) ~ (Signature) 'The terms 'Business Relationship,' 'Client,' 'Customer,' 'Applier," qRepresantative" and 'Interested Person' are define~ in Section2-395oftheAvantumCityCode. I / ,, Ihe Nf~a',L .who being r~st by me (My s~om, trd swea' o,' affk'm ~'~at p,t~ Ibme o(14o~ ~TATE (1~ FLO~OA ) COU~I*Y OF Nowy Puf~c S~te o( I=to~ At t.~e ~ 2G 03 APPUCA~ REPR~ENTATIVE AFRDAVIT · ,,'- ,,,,, ~ ~. I.,~.~.Mt:~Jtl, THE ~ORJ/ATION PROVI BECOMESIKCOI:LRECTOI~OICOUPLETE, OEO Ill THE AFROAVIT · , iL BUGIHESS RELA'ilON.~IIP AFROAVrl'* Applicants ~nd ~ tm edvlmM to tknely sUpplmsuat this Affidavit Ix~rsu~nt to ~ 31-71(b~'~([v} o( the bY me C~/I~ a~ C4xtldssfo~ {he hlomu~m lu~Zded h ~4~e A.~d~f,d. _~_ im=oa.e~ ~ ~ab. ,3un ~'G 03 ~.CI:S~m p.4 IT&'~ OF R/~RJDA P~dd~d I~ dlfdmy Ju~ ;PE; 03 BUSINESS RELATIONSHIp AFFIDAVIT' ~, (s~M,=) ~_ (s~ CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: Teresa M. Soroka, CMC City Clerk C A~-Crv~ THROUGH: Eric M. Soroka, I City Manager ~ / ~ FROM: Joanne Carr, AIC~/~ .'T-~ Planning Director - '~ -- DATE: SUBJECT: October 10, 2003 Business Relationship Affidavits The Atrium Application for Conditional Use Approval 06-CU-03 October 7, 2003 Commission Agenda Item 3B I have attached, for your records, supplementary Business Relationship Affidavits delivered at the October 7, 2003 City Commission meeting from Sam Shire on behalf of Venaventura, LLC, Rhett Roy and Nathaniel Zemel. The affidavits from Rhett Roy and Nathaniel Zemel included in the staff report were incomplete as they did not state whether or not a business relationship existed. Commissioner Grossman asked the City Attorney at the meeting if this was a concern and the City Attorney replied that this was a clerical error that would be corrected. BU$ N£ L T:ONSH P A :DA¥ T This Affidavit is made pursuam to ~ 31-?l(bX2X~ d ~e ~ d Avent~v~ L,J~d (~ C~e. The uad~ig~d Affmnl heml~ (~sck~es t~at: (m~k w~ 'x' ~ ~ mi*/) [XJl. A'lt~mt dome not haw a 9u~f~ ~.!,~h~ wlth imy member ~ the CRy ~m O~ any Oty Advism. y ~ ~ ~ ~ al~ik~ ~fl be ranted. []2, (List name d Commb~ner c~ Adv~ Boa.:l Mem~r} who se'v~ o~ the ~C~ ~ b a ~, ~(~ ~ ~ ~g~ ~ ~ ~tlisl~ T~ ~ ~ ~ ~ ~ a C~d~ ~~ ~ ~n~~ 13 ~TAI~ OF F'I.0mOA ) ~O~4~Y PU~UC STATE OF FLORIDA rY'~MMI~ION NO. CC881783 da'id A~'F'IaNT GTATE OF FLORiO~ ) CCXJN'IY OF MIAId~D,~OE) Pd~ad N~m~ Nemy wrr~$$ MY HAND THIS 14 ~dm Bu~e~ Relatk~h~p A.f~vtQ Name: , v~um, LLC "ritte: (p~) Tree: By: Name: , TlOe: ,, (:'mt) Name: ~1','~'~) 'rl~: Name: l'lt~: By:, By: Tm(b: NOTE: 1) UNdupli~at~sho~(~ffdl~lor, mlnforma~o~forPapmlm~i~vev~d# 2) Applic~nt~ a~ Afflatus are ~lvlNd ~ tlm~ ~,.mMeme.t thlm Alfkmvit p.mumnt to Sec. 3¶,,71(b)(2)(Iv) of ~e C#Y'm Land O~vdolmmnt Regulatk)~ k~ ~ C~ Code, In t~ ewmnt that ~,~r to ~mSidem~ of t~ applicMhm ~ 15 6U~ RELATIO~$1~tp AFfiDAVIT' (I;- 3un e~ 03 10:55~ p.5 Name:. I%~a~le~ ~ el Ilo/;I, BUSINESS RELATIOI~.IIP AFFIDAVIT* ~un ~G O~ 10:55a pos CITY OF AVENTURA TO: FROM: BY: DATE: SUBJECT: COMMUNITY DEVELOPMENTDEPARTMENT MEMORANDUM City Commission ¢ ~ Eric M. Soroka, IC~A-~M~ City Manager September 29, 2003 Request for Conditional Use approval pursuant to Section 31-143(f)(2a) of the City's Land Development Regulations to construct a Play Park/Pet Park in the RMF4 (Multi-Family High Density Residential) zoning district (07-CU-03), and; (2) Variance to Section 31-172(c)(2) of the City's Land Development Regulations to allow a driveway separation of 92 feet of landscaped frontage, where 150 feet is required by Code at 18375 NE 31 Avenue, Aventura (08-VAR-03) October 7, 2003 City Commission Meeting Agenda Item RECOMMENDATION It is recommended that the City Commission: 1. Approve the request for conditional use to construct a Play Park/Pet Park in the RMF4 (Multi-Family High Density Residential) zoning district, and, 2. Approve the request for variance from Section 31-172(c)(2) of the City's Land Development Regulations to allow a driveway separation of 92 feet of landscaped frontage, where 150 feet is required by Code. upon the following conditions: i. Plans shall substantially comply with those submitted as follows: "Play Area / Pet Park", Site Plan, Plan SP-1, Sheet 1 of 21, prepared by Craven, Thompson, and Associates, Inc., dated 8/15/03, signed and sealed 9/18/03. · "Play Area / Pet Park", Site Engineering Plan, Plan C-2, Sheet 3 of 21, prepared by Craven, Thompson, and Associates, Inc., dated 2/24/03, signed and sealed 9/18/03. · "Play Area / Pet Park", Landscape Plan, Plan L-l, Sheet 14 of 21, prepared by Craven, Thompson, and Associates, Inc., dated 5/21/03, signed and sealed 9/18/03. · "Play Area / Pet Park", Landscape Details & Quantity Sheet, Plan L-2, Sheet 16 of 21, prepared by Craven, Thompson, and Associates, Inc., dated 8/15/03, signed and sealed 9/18/03. · "Peninsula Tract A", Boundary and Location Survey, Plan S-1, Sheet 1 of 1, prepared by Craven, Thompson, and Associates, Inc., dated 8/27/02, signed and sealed 5/19/03. ii. 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. THE REQUEST The applicant, the City of Aventura, is requesting the following approvals: 1. Conditional Use approval pursuant to Section 31-143(f)(2a) of the City's Land Development Regulations to construct a Play Park/Pet Park in the RMF4 (Multi- Family High Density Residential) zoning district. 2. Variance from Section 31-172(c)(2) of the City's Land Development Regulations to allow a driveway separation of 92 feet of landscaped frontage where 150 feet is required by Code. (See Exhibit #1 for Letter of Intent) BACKGROUND OWNER OF PROPERTY City of Aventura APPLICANT City of Aventura ADDRESS OFPROPERTY 18375 NE 31st Avenue (See Exhibit #2 for Location Map and Exhibit #3 for Aerial Photograph) SIZE OF PROPERTY: Approximately 2 acres LEGAL DESCRIPTION All of Tract "A" Peninsula, according to the plat thereof as recorded in Plat Book 158, Page 24 of the Public Records of Miami-Dade County, Florida Zoning - Subject Property: RMF4 Properties to the North: RMF3 Properties to the South: RMF4 Properties to the East: RMF4 Properties to the West: RMF3 Multi-Family High Density Residential Multi-Family Medium Density Residential Multi-Family High Density Residential Multi-Family High Density Residential Multi-Family Medium Density Residential Existing Land Use- Subject property: Properties to the North: Properties to the South: Properties to the East: Properties to the West: Vacant land Multifamily Medium Density Residential Multifamily High Density Residential Multifamily Medium Density Residential Multifamily High Density Residential Future Land Use-According to the City of Aventura Comprehensive Plan, the following properties are designated as follows: Subject property: Property to the North: Property to the South: Property to the East: Property to the West: Medium High Density Residential Medium High Density Residential Medium High Density Residential Medium High Density Residential Medium High Density Residential The Site - The site is located on NE 31st Avenue north of NE 183rd Street. The Project - The City of Aventura requests conditional use approval to construct a Play Park/Pet Park north of NE 183rd Street in a RMF4 (Multi-Family High Density Residential) zoning district. Community Facility uses in the RMF4 zoning district are allowed following conditional use approval by the City Commission. The park will include a children's playground with play equipment, shade structure, benches and sodded area, along with a sodded dog park with benches and wash stations. The play park and dog park will be separated by an eight foot aluminum fence. Thirty-two parking spaces will be provided in a parking area at the westerly limit of the site, with an st entrance from NE 31 Avenue. Landscaping and sidewalks will be constructed in accordance with the site plans. The proposed driveway for the park is separated by 92 feet of landscaped frontage from the existing driveway to the Village by the Bay development to the north. The City Code requires a landscaped separation of 150 feet for driveways on collector roads. The applicant is therefore requesting variance approval to construct the driveway as proposed. ANALYSIS I. Request for Conditional Use Approval to construct a Play Park/Pet Park in a RMF4 (Multi-Family Hi.qh Density Residential) District. 3 Consistency with Comprehensive Master Plan - The request is consistent with the City of Aventure's Comprehensive Plan. Policy 1.3 of the Future Land Use Element provides that community facilities are permitted in a residential zone following conditional use approval. Citizen Comments - The Community Development Department has received no written citizen comments. Community Development Department Analysis - The applicant is requesting conditional use approval to construct a Play Park/Pet Park. Section 31-143(f)(2a) of the City Code provides that all uses permitted in the Community Facility District are permitted in the RMF4 district, if first approved as a conditional use. Criteria According to Section 31-73(c) of the City's Land Development Regulations, a Conditional Use request is evaluated using the following criteria: 1. The proposed use shall be consistent with the Comprehensive Plan. The request is consistent with the City of Aventura Comprehensive Plan. Community facilities are permitted in a residential zone following conditional use approval. 2. The establishment, maintenance or operation of the proposed use shall not be detrimental to or endanger the public health, safety er general welfare. The establishment, maintenance or operation of the proposed Play Park will not be detrimental to or endanger the public health, safety or general welfare. 3. The proposed use shall be consistent with the community character of the immediate neighborhood of the proposed use. The proposed Play Park is consistent with the community character of the immediate neighborhood. The adjacent uses are high density residential communities, so the park will add to the aesthetic appeal to the community. Once completed, the Play Park will house a children's playground with play equipment, shade structure, benches and sodded area and a sodded dog park with benches and wash stations. Utilities, roadway capacity, drainage and other necessary public facilities, including police, fire and emergency services shall exist at the City's adopted levels of service or will be available concurrent with demand as provided for in the requirement of these LDR's. 4 Utilities, roadway capacity, drainage and other necessary public facilities, including police, fire and emergency services shall exist at the City's adopted levels of service or will be available concurrent with demand as provided for in the City's Land Development Regulations. 5. Adequate measures exist or shall be taken to provide ingress and egress to the proposed use in a manner that minimizes traffic congestion in the public streets. Ingress and egress will be provided through the Play Park's entrance on NE 31st Avenue. 6. The establishment of the conditional use shall not impede the development of surrounding properties for uses permitted in the zoning district. The establishment of this Play Park will not impede the development of surrounding properties for uses permitted in the zoning district. The design of the proposed use shall minimize adverse affects, including visual impacts of the proposed use on adjacent property through the use of building orientation, setbacks, buffers, landscaping and other design criteria. The proposed Play Park has been designed with an entrance and exit from NE 31st Avenue. The entire park will be enclosed by landscaped buffers and a six foot aluminum fence will surround the landscaping and the circumference of the park. In addition, internally the Play Park and Dog Park will be separated by an eight foot aluminum fence. II. Request for Variance from Section 31-172(C)(2) of the City's Land Development ReRulations to allow a driveway separation of 92 feet of landscaped fronta.qe where 150 feet is required by Code, Consistency with Comprehensive Master Plan - The request is consistent 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 - Section 31-172(c)(2) of the City's code provides for separation between driveways for multifamily and nonresidential parcels on collector roads to be no less than 150 feet of landscaped frontage. The proposed Play Park will have a separation of 92 feet of landscaped frontage from the existing Village by the Bay driveway to the north. The City's Traffic Consultant has advised that proposed driveway separation is not expected to adversely affect traffic operations in and around the project area, due to the relatively Iow volume of traffic generated by a park use. However, she has requested modification to the existing median and to the northbound left-turn transition lane to facilitate turns in and out of the 5 park. The City's Engineering Consultant has made the appropriate revisions to the satisfaction of the City's Traffic Consultant. 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 fo/lowing 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 inconvenience, if the regulations were carried out literally. The particular physical surroundings of the property create the hardship for this variance request. The driveway has been designed to allow right and left hand turns in and out of the park onto NE 31 Avenue, while maintaining the existing roadway median for traffic safety on the street. The driveway to the Village by the Bay development to the north is existing. (2) The conditions upon which the request for a vadance is based are unique to the parcel and would not be generally applicable to other property within the vicinity. The conditions upon which this request for variance is based are unique to this site and would not be generally applicable to other property within the vicinity. While each variance request is of an independent and unique nature, the following history is provided for informational purposes. The City Commission has previously approved a variance for reduced driveway separation at the Forest Travel site on Biscayne Boulevard and at the Aventura Landings residential development on NE 28 Court and the extension of Miami Gardens Drive based on an opinion by the City's Traffic Consultant that the driveways would operate in a safe manner. The alleged difficulty or hardship is not economic and has not been deliberately created to establish a use or structure, which is not otherwise consistent with the LDR. The applicant's difficulty or hardship is not economic in nature and has not been deliberately created by the applicant to establish a use or structure, which is not otherwise consistent with the LDR. (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 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. The City's Traffic Consultant has advised that proposed driveway separation is not expected to adversely affect traffic operations in and around the project area, due to the relatively iow volume of traffic generated by a park use. However, she has requested modification to the existing median and to the northbound left-turn transition lane to facilitate turns in and out of the park. The City's Engineering Consultant has made the appropriate revisions to the satisfaction of the City's Traffic Consultant. 7 City of Aventura Government Center 19200 West Country Club Drive Aventura, Florida 33180 September 22, 2003 JEFFREY M. PEP`LOW l~¥oR Letter of Intent Aventura Play Park/Pet Park 18375 NE 31 Avenue COMMISSIONERS Z~v AUP`RBaCH JAY R. B~SK~N KP`~4 COHE~4 BOB D~OND HARRY HO~ERG ~NYGR~ ERic M. SoP, orA Crrx MAN~OSR The City of Aventura requests conditional use approval to construct a Community Facility (CF) use, that is, a play park/pet park on a 2 acre site located on NE 31 Avenue, north of NE 183 Street, Aventura within the RMF4 (Multi-Family High Density Residential) zoning district. Community Facility uses are permitted in the RMF4 zone following conditional use approval. The City further requests variance approval to construct the ddveway to the park with a 92 foot landscaped separation from the existing driveway to the Village by the Bay residential development to the north, where a separation of 150 feet of landscaped frontage is required by Code. The park will include a children's playground with play equipment, shade structure, benches and sodded area and a sodded dog park with benches and wash stations. The play park and dog park will be separated by an eight foot high aluminum fence. Thirty-two parking spaces will be provided in a parking area at the westedy limit of the site, with entrance from NE 31 Avenue. Landscaping and sidewalks will be constructed in accordance with the site plans. This site will enhance the quality of life for the City's residents and will be an integral part of the City's park system. EXHIBIT #1 07-CU-03 & 08-VAR-03 PHONE: 305466-8900 · FAX: 30546(>8939 www. cityofaventura.com BROWARD COUNTY DADE COUNTY IVES DAIRY RD. MIAMI GARDENS DR. I ,, : Gulfstream YACHT CLUB DR. ~,.,,,,.~, ~ ~ ~ WA' ERWAYS ~1SI, o~' 207 ST. ~ / 203 ST. - % ", ~-~ Station Ub~ I ~ ~ '- ~' ~/ , ~ _ % ~~.P ark.,~..,,.,S ,te'~' :'" ':. ~ ./ ~~ : / ~ o~/ ~ : / · / I ...... ..'I ' ~ ..... z,~ .." / ,' I ........... EXHIBIT #3 07-CU-03 & 08-VAR-03 RESOLUTION NO. 2003- A RESOLUTION OF THE CiTY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, GRANTING CONDITIONAL USE APPROVAL TO PERMIT A PLAY PARK/PET PARK IN THE RMF4 ZONING DISTRICT; GRANTING APPROVAL OF A VARIANCE FROM SECTION 31-172(C)(2) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW A DRIVEWAY SEPARATION OF 92 FEET OF LANDSCAPED FRONTAGE, WHERE A 150 FOOT SEPARATION IS REQUIRED BY CODE; FOR PROPERTY LOCATED AT 18375 NE 31 AVENUE, PROVIDING AN EFFECTIVE DATE. WHEREAS, the property described herein is zoned RMF4, Multifamily High Density Residential District; and WHEREAS, the applicant, through Application No. 07-CU-03, has requested conditional use approval to permit a community facility use, being a play park/pet park in the RMF4 District; and WHEREAS, the applicant, through Application No. 08-VAR-03, has requested approval of a variance to permit a driveway separation of 92 feet of landscaped frontage where a 150 foot separation is required by Code; and WHEREAS, following proper notice, the City Commission has held a public hearing as provided by law; and WHEREAS, the City Commission finds that the Application meets the criteria of the applicable codes and ordinances to the extent the application is granted herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Resolution No. 2003- Page 2 Section 1. Application No. 07-CU-03 for conditional use approval to permit a play park/pet park in the RMF4, Multifamily High Density Residential District, on property legally described as all of Tract A, Peninsula, according to the plat thereof recorded in Plat Book 158, Page 24 of the Public Records of Miami-Dade County, Florida and located at 18375 NE 31 Avenue, is hereby granted, subject to the conditions in Section 3. Section 2. Application No. 08-VAR-03 for approval of a variance to permit a driveway separation of 92 feet of landscaped frontage, where a minimum separation of 150 feet of landscaped frontage is required by Code, on property legally described as all of Tract A, Peninsula, according to the plat thereof recorded in Plat Book 158, Page 24 of the Public Records of Miami-Dade County, Florida and located at 18375 NE 31 Avenue is hereby granted, subject to the conditions in Section 3. Section 3. The approvals granted in Sections 1 and 2 above are subject to the following conditions: 1. Plans shall substantially comply with those submitted as follows: · "Play Area / Pet Park", Site Plan, Plan SP-1, Sheet 1 of 21, prepared by Craven, Thompson, and Associates, Inc., dated 8/15/03, signed and sealed 9/18/03. · "Play Area / Pet Park", Site Engineering Plan, Plan C-2, Sheet 3 of 21, prepared by Craven, Thompson, and Associates, Inc., dated 2/24/03, signed and sealed 9/18/03. · "Play Area / Pet Park", Landscape Plan, Plan L-l, Sheet 14 of 21, prepared by Craven, Thompson, and Associates, Inc., dated 5/21/03, signed and sealed 9/18/03. · "Play Area / Pet Park", Landscape Details & Quantity Sheet, Plan L-2, Sheet 16 of 21, prepared by Craven, Thompson, and Associates, Inc., dated 8/15/03, signed and sealed 9/18/03. Resolution No. 2003- Page 3 "Peninsula Tract A", Boundary and Location Survey, Plan S-1, Sheet 1 of 1, prepared by Craven, Thompson, and Associates, Inc., dated 8/27/02, signed and sealed 5/19/03. 1. The applicant shall obtain a building permit for the proposed development within 12 months of the date of the resolution or the approvals granted shall be deemed null and void unless extended by motion of the City Commission. Section 4. The City Manager is authorized to cause the issuance of permits in accordance with the approvals and conditions herein provided and to indicate such approvals and conditions upon the records of the City. Section 5, Effective Date, This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by its adoption. The motion was seconded by put to a vote, the vote was as follows: , who moved , and upon being Commissioner Zev Auerbach Commissioner Jay R. Beskin Commissioner Robert Diamond Commissioner Ken Cohen Commissioner Harry Holzberg Vice Mayor Manny Grossman Mayor Jeffrey M. Perlow Resolution No. 2003- Page 4 PASSED AND ADOPTED this 7th day of October, 2003. ATTEST: JEFFREY M. PERLOW, MAYOR TERESA M. SOROKA, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY This Resolution was filed in the Office of the City Clerk this __ day of October, 2003. CITY CLERK CITY OF AVENTURA TO: FROM: BY: DATE: SUBJECT: COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM City Commission Eric M. Soroka, IC~A/CM~ City Manager Joanne Carr, AICI~:~-~.~ Planning Director September 23, 2003 Request of Aventura's Finest Hand Car Wash Inc. for Modification to Approvals granted through Resolutions Nos. 97-48 and 2002-31 (01-VAR- 97 REV2) October 7, 2003 City Commission Meeting Agenda item .~ RECOMMENDATION It is recommended that Resolutions Nos. 97-48 and 2002-31 be modified to permit a four month extension of time, from September 4, 2003 to January 4, 2004, to Aventura's Finest Hand Car Wash Inc. to operate the hand car wash at 2890 NE 187 Street, City of Aventura. REQUEST The applicant, Stan Price on behalf of Aventura's Finest Hand Car Wash inc., is requesting a four month extension of time from September 4, 2003 to January 4, 2004, to continue to operate the hand car wash business at its current location of 2890 NE 187 Street in the City of Aventura. (See Exhibit #1 for Letter of Intent) BACKGROUND The City Code permits hand car washes in the B2 (Community Business) District as an accessory use to a service station or as a stand alone use following conditional use approval. This site is zoned TC2 (Town Center Marine) district in the City's Land Development Regulations. The Code states that "this district is intended to provide suitable sites for the development of structures combining residential and commercial uses located in proximity to marine-related light industrial activities". Residential uses are limited to those listed in the RMF3, Multi-Family Medium Density Residential District. Commercial uses are limited to those listed in the B1, Neighborhood Business District. A hand car wash business is not listed as a permitted or conditional use in the B1 district. The hand car wash business at this location was approved on a temporary basis by Resolution No. 97-48 passed on August 5, 1997. (See Exhibit #2 for Resolution) That approval expired on September 4, 2002. The City Commission granted a further one year extension to September 4, 2003 through Resolution No. 2002-31. (See Exhibit #3 for Resolution) Two reasons for the extension approval were offered, namely, to allow the business owner to continue his search for and evaluation of new locations for his business in the City and due to the fact that the commencement of development of the adjacent Town Center was not anticipated during the approved extension period. However, the start of construction of the Town Center was expected in the summer/fall of 2003 and for that reason, the applicant agreed not to apply for any future extension of time to operate the hand car wash at this location as a condition of the latter resolution approval. At the City Commission meeting of September 2, 2003, the applicant was authorized to proceed with a request to further extend the time to operate at the present location notwithstanding the condition of the resolution passed in 2002. Conditions continue to be similar to those existing when the one year extension to September 3, 2003 was granted. Development of Phase I of the Town Center is not anticipated to begin until January of 2004. The developer has advised that site preparation and foundation work for Phase I are expected to begin in January of 2004, with building construction to follow in March of 2004. A six month extension of its conditional use approval from September 3, 2003 to March 3, 2004 was granted by the City Commission at its September 2, 2003 meeting. Staff is aware of the applicant's efforts to relocate his business to a property within a permitted zone. A preliminary site plan was submitted for a parcel zoned Community Business (B2) District on the future extension of Miami Gardens Drive. Upon review, it was determined that the proposed site was not large enough to provide required stacking spaces for a hand car wash. The extension of time to operate the hand car wash is requested because the Harbour Centre garage is not yet available for use by Aventura's Finest Hand Car Wash Inc. (See Exhibit fl4 for letter from Harbour Centre and Exhibit #5 for letter from Aventura's Finest Hand Car Wash). Staff would like to note that the Harbour Centre location is not a business relocation as stated in the attached letter from the business owner, but rather it is an accessory use intended for tenants and customers of Harbour Centre businesses. Staff recommends approval of the four month extension to January 3, 2004 based on the fact that the applicant needs to continue his search for relocation of the business to a permitted zone and that the Phase I Town Center development will commence concurrent with the expiry of this extension approval. The proposed resolution provides 2 that all conditions of Resolution No. 97-48 and Resolution No. 2002-31 not modified by this approval will remain the same. 3 FILE No.538 09,'03 '03 17:05 ID:BILZIN,SLI'IBERG FGI×: PRGE 2/ 4 BILZIN ~UMBI[RO ~AENA PRICE September 3, 2003 ]oarme Cart, Director of Community Development City of Aventura 19200 West Counlry Club Drive 4th Floor Aventura, Florida 33180 Re: Aventurn's Finest Caf Wash Dear Ms, Cart: At the Cily Commission meeting of Tuesday, Scptcmber 2, 2~3, ~e CiW Co~ission au~ Av~a's Finer C~ W~ ~ p~ wi~ i~ ~ ~ ext~d its tcm~y p~ission ~ opc~te at i~ ex.rig location for ~ ~ifio~ fo~-mon~ ~fi~ of time. Ple~e ~t ~s l~er ~ o~ fo~ ~u~t m p~ ~ ~ ~ 7, 2~3 ag~da m ~der to seek Ci~ Co~ission ~mv~ f~ ~ t~ ex~on of gme m ~tc. I am enclosing herewith a letter submitted to your office on Augu~ 25, 2003 from Harbour Centre at Aventura indicating the foundation of our request in order to install required additional oil/sand scpar~or to meet County environmental regulations. At last night's hearing, the City Commiasion vo~ed to extend the conditional usc pcrmi! to the Related Companies for an ndditional six month~ to obtain permit~ to con~m~ct the Tow~ Center at Loehman's Plaza. We fully anticipate that Aventu~a's Finest Car W~h will bc relocated well in advance of the i~'uance oftl~ pu-rmi! for thc Town Center l~ojecc We thank you in advance for your prompt attention to this matter. Respectfully submitted SBP/cm Encl. cc: Guillermo Freile, Pres. EXHIBIT #1 01-VAR-97 (REV2) RESOLUTION NO. 97-48 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA GRANTING A USE VARIANCE FOR PROPERTY LOCATED AT 2890 NE 187 STREET TO PERMIT AN OUTSIDE CAR WASH IN A PARKING LOT; GRANTING A NON-USE VARIANCE TO WAIVE EIGHTEEN FEET (18') OF THE MINIMUM REQUIRED TWENTY FOOT SETBACK BETWEEN BUILDINGS WHERE A PROVISION OF TWO FOOT (2') SETBACK BETWEEN BUILDINGS IS PROPOSED; GRANTING A NON-USE VARIANCE TO WAIVE THIRTY-FIVE (35) OF THE MINIMUM REQUIRED SIXTY-EIGHT PARKING SPACES WHERE A PROVISION OF THIRTY-THREE PARKING SPACES IS PROPOSED; PROVIDING AN EFFECTIVE DATE. WHEREAS, the property described herein is zoned IU-1, Industrial, Light Manufacturing District; and WHEREAS, the Applicant, Aventura's Finest Hand Car Wash, Inc., a Florida Corporation, ("Finest") is requesting a Use Variance to permit an outside car wash in a parking lot on that certain property located at 2890 NE 187 Street, as legally described on Exhibit 'A" attached hereto; and WHEREAS, the Applicant, Big-E Marine Properties, Inc., a Florida Corporation, ('Big-E') is requesting a Non-Use Variance to waive eighteen feet (18') of the minimum required twenty foot setback bet';.'ccn buildings where a provision of a two foot (2') setback between buildings is proposed; and WHEREAS, the Applicant, Big-E Marine Properties, Inc., a Florida Corporation, is requesting a Non-Use Variance to waive thirty-five (35) of the minimum required sixty-eight parking spaces where a provision of thirty-three parking spaces is proposed; and WHEREAS, the City Council has held a public hearing as provided by law and WHEREAS, the City Council finds that the Application meets the criteria of the applicable codes and ordinances, subject to the conditions imposed in Section 4 below, to the extent the Application is granted herein. EXHIBIT #2 01-VAR-97 (REV 2) Resolution No. 97-48 Page 2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Application No. 01-VAR-97 for a Use Variance to permit an outside car wash in a parking lot on property legally described on Exhibit 'A' attached hereto and made a part hereof, a/k/a 2890 NE 187 Street, is hereby granted, subject to the conditions provided in Section 4 below. Section 2; Application No. 01-VAR-97 for a Non-Use Variance to waive eighteen feet (18') of the minimum required twenty foot setback between buildings where a provision of two foot (2') setback between buildings is proposed is hereby granted, subject to the conditions provided in Section 4 below. Section 3. Application No. 01-VAR-97 for a Non-Use Vadance to waive thirty- five (35) of the minimum required sixty-eight parking spaces where a provision of thirty- three parking spaces is proposed is hereby granted, subject to the conditions provided in Section 4 below. Section 4. Conditions: The approvals provided by Section 1, 2 and 3 above are subject to each of the following conditions: a. This variance shall expire when the property to the immediate east is no longer utilized as a madna or changes from marina use; b. Applicant Finest, the owner of the subject car wash business shall obtain a valid written lease, for a five (5) year term, from Applicant Big-E, the owner of the marina, which lease shall be delivered to and filed with the City within 30 days from the date of this Resolution; c. The vadance approval is personal to the Applicant Finest and shall expire upon termination or expiration of the lease described above or upon abandonment of the car wash business or sale or transfer of the car wash business or the sale or transfer of the Finest corporation, or the assets of such Applicant Finest from Finest or by the principal of such Applicant, Guillermo Freile. Resolution No. 97-48 Page 3 d. Landscaping shall be installed by Applicants within 90 days of date of this Resolution; e. Department of Environmental Resources Management (DERM) required improvements shall be completed by Applicants within 180 days of the date of this Resolution; f. Maximum duration of variances shall be for a total of five (5) years and 30 days from date of this Resolution. Each of these conditions were agreed to by Applicants at the public hearing on August 5, 1997. Section $. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Councilmember Beskin, who moved its adoption. The motion was seconded by Councilmember Holzberg, and upon being put to a vote, the vote wes as follows: Councilmember Arthur Berger yes Councilmember Jay R. Beskin yes Councilmember Ken Cohen yes Councilmember Harry Holzberg yes Councilmember Patricia Rogers-Libert yes Vice Mayor Jeffrey M. Perlow yes Mayor Arthur I. Snyder absent TERESA M. SMITH, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY A'I-I'ORNEY Resolution No. 97-48 Page 4 This Resolution was filed in the Office of the City Clerk this'~ '"/~ day o~_.,~1~ 997. CITY CLERK RESOLUTION NO. 2002- 31 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA MODIFYING THE APPROVALS GRANTED PURSUANT TO RESOLUTION NO. 97-48 ADOPTED AUGUST 5, 1997; TO MODIFY CONDITION f. OF SECTION 4 OF RESOLUTION PROVIDING A MAXIMUM DURATION OF VARIANCES FOR FIVE YEARS AND 30 DAYS FROM THE DATE OF THE RESOLUTION; FOR PROPERTY LOCATED AT 2890 NE 187 STREET, CITY OF AVENTURA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS the applicant, Aventura's Finest Hand Car Wash Inc., was granted miscellaneous approvals by Resolution No. 97-48 adopted by the City Commission of the City of Aventura on August 5,1997; and WHEREAS the applicant has requested a modification to extend the maximum duration of the variances granted for an additional two year period; 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 cfiteda of the applicable codes and ordinances, to the extent the Application is granted herein; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The applicant's request to modify Condition f. of Section 4 of Resolution No. 97-48 for property legally described as: Part of the NW ¼ of the SE ¼ of the SW ¼ of Fractional Section 3, Township 52 South, Range 42 East, Miami-Dade County, City Of Aventura, more particularly described on Exhibit A to this Resolution is hereby approved for one year from September 4, 2002 to September 4, 2003, subject to the following conditions: EXHIBIT #3 01-VAR-97 (REV 2) Resolution 2002-~,, Page 2 The applicant shall deliver to the City, within 30 days of the date of the resolution, a valid written renewal of the current lease for the approved extension period. 2. The applicant agrees not to apply to the City of Aventura for any future extension of time to operate the hand car wash at this location. The applicant shall continue to operate the hand car wash in accordance with the approvals issued by the Miami-Dade County Department of Environment Resources Management (DERM). This approval shall expire when the property to the immediate east is no longer used as a marina or changes from a marina use, whichever is the earliest. This approval is personal to the applicant and shall expire upon termination or expiration of the lease described above or upon abandonment of the hand car wash business or upon the sale or transfer of the hand car wash business or upon the sale or transfer of the applicant's corporation, or upon the sale or transfer of the assets of the applicant or by the principal of the applicant, Guillermo Freile, or upon the applicant's opening of the hand car wash business in a new location within the City of Aventura subsequent to the date of this Resolution. 6. All other provisions of Resolution No. 97-48 not modified or deleted by this Resolution shall remain in full force and effect. Section 2. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner Rogers-Libert, who moved its adoption. The motion was seconded by Commissioner Grossman, and upon being put to a vote, the vote was as follows: Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Manny Grossman Commissioner Harry Holzberg Commissioner Patdcia Rogers-Libert Vice Mayor Arthur Berger Mayor Jeffrey M. Pedow yes yes yes yes yes yes absent from the room Resolution 2002- Page 3 PASSED AND ADOPTED this 4~h day of June, 2002. JJL~CFR'EY M. I~ERLOW,--MA-~FOR ATTEST: APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY This Resolution was filed in the Office of the City Clerk this ~ CLERK Legal Description poi.nc;. ~henee nm'ttorrh 89~0'35'' ~a~ ~ a ~_t.-_ca~ce i~ 70 teec r~ a point on ~ Ease rlBhc-o£-way line of ~.E. 29~ Av~l "~ ~ ~ ~or a d~ of ~9,7~ feec ~ ~e ~C. oi be~ of ~e At;las Te--~A.s o£ 'l~.orid~, [n~. t:o No~a Dude ~s, ~., ~ced J~ 4, :' ~ub~ect~ hm~evev,.to the terms and conditions of that cert~tn Covenant Running ~tth The Land Iff Favo~ 0f Metropolitan Oade Coantyrec~e'dat 0ffi,cta'l Records Book 13Z84, Page 5re, of the Public.~ecords.o.f pade County, ~lorida. Exhibit "A" ~002 City of Aventura ATT: Joanne Carr Comm_unlty Development · August 14, 2003 C.C.: City Mayor cil~, ~er All Ci~ Cmnmisdone~ EXHIBIT~4 OI-VAR-97 (REV2) HARBOUR CENTRE August 25, 2003 Ms. Joanne Carr City of Aventura 19200 W. Country Club Drive Aventura, FL 33180 Reference: Aventura's Finest Hand Car Wash Dear Ms. Carr: As you know, Aventura's Finest Hand Car Wash will be moving to the Harbour Centre at Aventura. Of this, Harbour Centre is very pleased. However, there are certain construction requirements, which Harbour Centre must be complete before that can happen. All municipalities have approved the construction documents; now, in order for the subcontractor to install the required additional oil/sand separator he must be issued his permit. At present these documents are being processed. Upon obtaining said permit, construction will commence. The construction time for this task should not exceed four (4) months. During that time, we will also be preparing the work area building (which is presently being permitted). Thank you for your time and consideration in this matter, and should you wish further information, please do not hesitate to let me know. Sincerely yours, AVEN Edith Anne White, Construction Manager EXHIBIT #5 01-VAR-97 (REV2) RESOLUTION NO. 2003- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA MODIFYING THE APPROVALS GRANTED PURSUANT TO RESOLUTION NO. 2002-31 ADOPTED ON JUNE 4, 2002; TO MODIFY SECTION I OF RESOLUTION TO PROVIDE A MAXIMUM DURATION OF VARIANCES FOR FOUR MONTHS FROM SEPTEMBER 4, 2003 TO JANUARY 4, 2004 FOR THE OPERATION OF THE HAND CAR WASH USE FOR PROPERTY LOCATED AT 2890 NE 187 STREET, CITY OF AVENTURA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS the applicant, Aventura's Finest Hand Car Wash Inc. was granted miscellaneous approvals by Resolution No. 97-48 adopted by the City Commission of the City of Aventura on August 5,1997; and WHEREAS modification to Condition f. of Section 4 of Resolution No. 97-48 was granted through Resolution No. 2002-31 adopted on September 4, 2002, which modification extended the maximum duration of variances to September 4, 2003, upon the conditions listed therein; and WHEREAS the applicant has requested a modification to Section I of Resolution No. 2002-31 to extend the maximum duration of the variances granted for a four month period, from September 4, 2003 to January 4, 2004; and WHEREAS, following proper notice, the City Commission has held a public hearing, as provided by law; and WHEREAS the City Commission finds that the Application meets the criteria of the applicable codes and ordinances, to the extent the Application is granted herein; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The applicant's request to modify Section 1 of Resolution No. 2002-31 for property legally described as: Resolution 2003- F'age 2 Part of the NW ¼ of the SE ¼ of the SW ¼ of Fractional Section 3, Township 52 South, Range 42 East, Miami-Dade County, City of Aventura, more particularly described on Exhibit A to this Resolution is hereby approved so as to extend the duration of the variances for four months from September 4, 2003 to January 4, 2004, upon the following condition: 1. All provisions and conditions of Resolution No. 97-48 and Resolution No. 2002-31 not modified by this Resolution shall remain in full force and effect. Section 2. The City Manager is authorize 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 Zev Auerbach Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Robert Diamond Commissioner Harry Hoizberg Vice Mayor Manny Grossman Mayor Jeffrey M. Perlow Resolution 2003- Page 3 PASSED AND ADOPTED this 7th day of October, 2003. ATTEST: JEFFREY M. PERLOW, MAYOR TERESA M. SOROKA, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY This Resolution was filed in the Office of the City Clerk this 7th day of October, 2003. CITY CLERK Legal Description ~ubJect, however, .to the terms and conditions of that certain Covenant Running ~tth The Land In Favor Of ~etropoll:an Oade Coantyrec~e'dat Offi,ctal Records 8~ok [3~84, Page S/g, of the Publlc.~ecbrds.o.f Oade County, Exhibit "A" 18305 Biscayne Boulevard Suite 300 Aventura, Florida 33160 Phone". 305.935.2131 Fax: 305.935.2131 E-Mall: AventuraChamber@usa.corn The Commissioners of the City of Aventura c/o Erick M. Soroka, City Manager 19200 West Country Club Drive Aventura, FL 33160 September 30, 2003 Re: Aventura's Finest Car Wash Gentlemen: On behalf of the Aventura Chamber of Commerce, we wish to urge the approval of the petition of Aventura's Finest Car Wash to extend the time for its usage of the leased premises on Northeast 187th Street, next to the marina. This business provides a much utilized and convenient service to the community and employment at a time when unemployment levels are exceedingly high. Moreover, the business is screened by landscaping, is well maintained and does not present any safety hazard. In view of the fact that the petitioner's request is for a rather short extension of time and not for a permanent non- conforming use, an approval does no disservice to the public interest. Thank you for considering our views and would appreciate your making it part of the record. ~ KEITH MARSHALL President ar Wa~ to pe~t the tongued We, ~e ~nd¢)~i~d, h~reby ~t~ :h~ CiW Commil~ion ofth~ Ci:y ofAven:ur~ m B~ng G~'ag~. The c~ wash pmvide~ a mach-,~,~ed~d s~ic~ i~ our co~'~W ~ ~ conducted i~s~ii'as ~ e~p~ b~incss within ~he Cily of Aventura. P_I?3'ITION ~I~NTURA'S FINEST C~a3t. WASH Wa, the undersigned, hereby urg, th* City Commission of~ City of Aventura. to provide a fou~ (4) montl't extension to Avenrara's Finest Car Wash m permit the conlinued op~."ration until such lime a~ all environmental penuits are obtained for the Harboar Cent~e Parking Garage. The car wash provides a machmcedcd s,rvice in our ¢ommuniw and ha, conducted itself as an ex~mplary b.~in~ss within ~he Ciey of Aventura. Address: \752~ l\1'71112\ ~ng G~e. T~e c~ w~h prov~s a m~ch. needed sa~i=~ Jn o=t co.mW m~ h~ ~mvid~ a .four (~) r~o~tF, ~x~e~,~:~ ~o A,,,~l;p~a'l Finer C~: Was}! tfi permit the ~ou~med Ill ,.~. . . ~ pmvlda a fo~ (~) month extension to Aven~a'a Fines: Car Wash to p~k fl~e ~on~ued op~tion until s~ch time as ~1 envira~ental p~nuita ~ cbt~ned for fi~e H~bo~ C~tte P~ng G~a~e, The c~ w~h provides a mach-.needed se~iee in our co~ ~d h~ a ~dt~cted itself as ~ ~x~p)~ b u~in~ss within th~ City o f Aven t~. provide ~ ~O~r (4) ~ao~.~ exaCts'Or, ~o A,~,~s F~: C~: Wa~ t~ permh :t~t op~tio~ u~l s'dch ~me ~ g~ environmental p~m~its ~ ebt~ned fo~ ~e M~bo~ C~tte L. ty o~ P~n[ G~e. Tha c~ w~sh prow~=~ a touch-.needed ~e~ice in out ~o~W ~d ~ Wo, ~ ~nd~i'~igr:~d~ h~re~y ~rg~ the Cit~' Commia~ion of~ City of Av~tur~ m prov~d~ ~ ~o~ (4) n~on~h ~x~r,~o~ ~ Av~1:~'~ Fbe~: Cat Wash m pe~it the ~on~ued Address op~tion u~tit s~ch ~me ~ ~i ~uviro~menta{ p~n~its ~ ~nod f~r ~ I~bo~ C~t~ .p~.TITIO'N' Wa, the lmd;i'sign,~d, barely t~go ~h~ Ci~ Commission of~ CiIy of Aventur~ provid~ a ~o~ (4~ nmnth ex!~us;on to Av~lt~l's Fines~ Car W~h to pe~it the op~tio~ until s'~ch time a ~! environmen~l p~miits ~c chinned fo: ~e H~bo~ P~ng G~age. T~e e~ 'a~h prowde~ a mncl~.n~eded te~ee in our co~ We, lh~ ,nd~rsi~ti, here~y ~rg~ thc City Ca~miliio~ of tM City ofAve~:~r~ ~ provide ~ Ca~ (4) raonth ~xt~niion Lo Av~ll~'i Fine~ Car Wash to pe~it the con~ued op~tion until s,ach time ~ ~I e~virommental pennit~ ~c obt~ned for ~e lt~ Cmtre ~kmg G~a~e. The car wash provides a mu~h-r,c~d~d sg~ie~ 'n our co~m~ ~ ~ We, t.~e ande:'sign:d, h~reby urge the City Commission of tho City provide a four (4) month ~xton$~on to Av~:~'s Fine~ Car Wash m p~it opgation u~til s'ach time ~ dl euvirc~m~tal p~m~its ge o~nod for ~ I~gbo~ B~king G~age. The c~ w~h provi~ a mu~hme~fl~d ~ic~ in our oo~ co~ucted hself a~ m~ ~x~mpta~ b~in~ts within th~ CiW of Aventura. p~TITION FINEST C.P~. W.~,S~ ap~ion ~til such time ~ ~! euvimmental ~mfi[t ~ ob~n~ for ~* 2~nt O~ge. The c~ w~h pmvicos a muci~-n~d ~ice i~ our ~ provide a f~ (4) month ~x~ns';o~ to Av~n~'s Fines~ Car Wash m pe~it the ~n~a:d op~fion until such hme ~ ~! euvironmemal p~mfit~ ~ ob~ned for ~e I~bo~ C~tte ?~king Garage. The c~ w~h provides a maCY,needed se~c~ in out ~mm,~ ~ ~ conducted itself as ~t ex~mpga~ b~iness within the City of Avent~. PPTTT'FON provide a fo~ (4) mo~t~ execution m Av~n~l'l Finesl C~ W~h to pe~it fl~ con~u=d ~o~ueted itself~s ~ ex~mpla~, b~in~ss wghin the Ciiy of A;'ent~m. L W~, the ~;ndcl'signcd, h~r~b)' ~:'~: the £i~ Corm~ission of thc City of Avcntur% m op~tion ~ntil such ~me ~ ~i envirar~ental p~mfit~ ~c ~zMned for ~e H~bo~ C~tte ~ng O~ag:. T~ ca wal~ proviC~s a m~;h-~dcd sc~ic~ i~ o~r ~mm'~ ~ ~ conducted kself aa ;~ cx~mplary baa:n=tt wi[bm lhe City of Aventura. Name .~..... ~, Address: Car Wash m pe~it the eon~ued MINUTES Avent.~ GovernmentCenter CITY COMMISSION MEETING 19200 W. Country Club Ddve SEPTEMBER 2, 2003 6 PM Aventura, Florida 33180 1. CALL TO ORDER/ROLL CALL: The meeting was called to order at 6:00 p.m. by Mayor Jeffrey M. Perlow. Present were Commissioners Zev Auerbach, Jay R. Beskin, Ken Cohen, Bob Diamond, Harry Holzberg, Vice Mayor Manny Grossman, Mayor Pedow, 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: Margo Absher led the pledge of allegiance. 3. ZONING HEARINGS: The following items 3-E and 3-F were taken out of order. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, GRANTING CONDITIONAL USE APPROVAL TO PERMIT AN ELEVEN STORY, 129 FOOT HIGH RESIDENTIAL BUILDING WITH ARCHITECTURAL DESIGN OTHER THAN MEDITERRANEAN STYLE AND A TRANFER OF DENSITY FOR 0.344 ACRES FROM LAND TO BE DEDICATED TO THE CITY OF AVENTURA; FOR PROPERTY LOCATED AT 3029 NE 188 STREET; PROVIDING AN EFFECTIVE DATE. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, GRANTING CONDITIONAL USE APPROVAL TO PERMIT AN ELEVEN STORY, 135 FOOT HIGH RESIDENTIAL BUILDING WITH ARCHITECTURAL DESIGN OTHER THAN MEDITERRANEAN STYLE AND A TRANFER OF DENSITY ON 1.216 ACRES FROM LAND TO BE DEDICATED TO THE CITY OF AVENTURA; FOR PROPERTY LOCATED AT 3131 NE 188 STREET; PROVIDING AN EFFECTIVE DATE. At the applicant's request, a motion to defer items E and F to the October 7, 2003 Commission meeting was offered by Commissioner Diamond and seconded by Vice Mayor Grossman. Mayor Perlow declared his conflict of interest and did not vote on this procedural item. The motion passed 6-0. A motion for deferral of application by Williams Island Synagogue, Inc. 04- CU-03 for conditional use approval for establishment of a synagogue in multifamily high density residential (RMF4) district until November 4, 2003, with the stipulation that this would be the final deferral, was offered by Vice Mayor Grossman and seconded by Commissioner Diamond. Cliff Schulman, Esq., representing the applicant, requested that the Commission defer this item to the October 7, 2003 Commission meeting. The motion, as presented, passed unanimously by roll call vote. 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 City Clerk Teresa M. Soroka. B. Mr. Wolpin read the following resolution by title: A RESOLUTION OF THE CiTY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING A SIGN VARIANCE FOR HARBOUR CENTRE LOCATED AT 18851 NE 29TM AVENUE, TO PERMIT A WALL SIGN OF 71 SQUARE FEET ON A BUILDING ELEVATION THAT FACES AN ADJACENT RESIDENTIALLY ZONED PROPERTY WITHIN 300 FEET OF THE ELEVATION, WHERE WALL SIGNS ARE NOT ALLOWED BY CODE; PROVIDING AN EFFECTIVE DATE. A motion for approval was offered by Commissioner Cohen and seconded by Commissioner Diamond. Joanne Carr, Planning Director, explained the request of the applicant and entered the staff report into the record. An amendment was offered by Commissioner Auerbach and seconded by Commissioner Holzberg to amend Section 1 Condition 3 of the resolution to provide that illumination shall cease at 7 p.m. An amendment was offered by Commissioner Diamond and seconded by Commissioner Auerbach to amend Section 1 Condition 3 of the resolution to provide that illumination shall cease at 8 p.m. during daylight savings time and 7 p.m. at all other times. Mayor Perlow opened the public hearing. The following individual addressed the Commission: Stanley Price, Esq., 2500 Wachovia Towers, representing the applicant. There being no further speakers, the public hearing was closed. The amendment to provide that illumination cease at 8 p.m. during daylight savings time and 7 p.m. at all other times failed, 2-5, with Commissioners Auerbach and Diamond voting yes and Commissioners Beskin, Cohen, Holzberg, Vice Mayor Grossman and Mayor Perlow voting no. The amendment to provide that illumination shall cease at 7 p.m. failed 1-6, with Vice Mayor Grossman voting yes and Commissioners Auerbach, Beskin, Cohen, Diamond, Holzberg and Mayor Perlow voting no. The motion for approval of the resolution as presented passed 6-1, with Vice Mayor Grossman voting no and Resolution No. 2003-56 was adopted. C. Mr. Wolpin read the following resolution by title: 2 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING A SIGN VARIANCE FOR NORTHERN TRUST BANK LOCATED AT 18909 NE 29th AVENUE, TO PERMIT 'rvvo (2) WALL SIGNS WITHIN 300 FEET OF A RESIDENTIAL PROPERTY, WHERE WALL SIGNS ARE NOT ALLOWED BY CODE, AND TO PERMIT THE PRIMARY AND SECONDARY WALL SIGNS TO BE THE SAME SIZE AT 35 SQUARE FEET EACH, WHERE THE SECONDARY SIGN IS LIMITED TO FIFTY (50) PERCENT OF THE SQUARE FOOTAGE OF THE PRIMARY SIGN; PROVIDING AN EFFECTIVE DATE. A motion for approval was offered by Commissioner Cohen and seconded by Commissioner Diamond. Ms. Carr explained the request of the applicant and entered the staff report into the record. An amendment was offered by Commissioner Cohen and seconded by Commissioner Holzberg to amend Section 1 Condition 3 of the resolution to provide that illumination ceases on the north sign at 6 p.m. and on the west sign at 9 p.m. Commissioner Beskin moved to delete the north sign. Motion died for lack of second. A motion was offered by Commissioner Diamond and seconded by Commissioner Auerbach to amend Section 1 Condition 3 of the resolution to provide that illumination of the north sign ceases at 8 p.m. and illumination of the west sign ceases at 9 p.m. Mayor Pedow opened the public hearing. The following individual addressed the Commission: Mr. Price, representing the applicant. There being no further speakers, the public hearing was closed. Mayor Pedow made disclosures in accordance with City ordinances. The amendment to provide that illumination cease on the north sign at 8 p.m. and on the west sign at 9 p.m. failed 2-5, with Commissioners Auerbach and Diamond voting yes and Commissioners Beskin, Cohen, Holzberg, Vice Mayor Grossman and Mayor Perlow voting no. The amendment to provide that illumination on the west sign shall cease at 9 p.m. and on the north sign at 6 p.m. passed unanimously by roll call vote. The motion for approval of the resolution, as amended, passed 6-1, with Commissioner Beskin voting no, and Resolution No. 2003-57 was adopted. 4. AGENDA: Request for Deletions/Emergency Additions: None. 5. SPECIAL PRESENTATIONS: None. A motion to address items 8A, 3D, 8B and 9A following the Consent Agenda was offered by Commissioner Cohen, seconded by Commissioner Beskin and unanimously passed. 3 CONSENT AGENDA: Mr. Soroka noted that item 6-H has been removed from the agenda. Commissioner Beskin requested removal of items 6-1 and 6-K, Commissioner Holzberg requested removal of item 6-J and Commissioner Cohen requested removal of item 6-L from the Consent Agenda. A motion to approve the remainder of the Consent Agenda was offered by Commissioner Beskin, seconded by Vice Mayor Grossman, unanimously passed and the following action was taken: The minutes of the July 1, 2003 Commission Meeting, July 17, 2003 Special Meeting, and July 17, 2003 Workshop Meeting were approved. B. Resolution No. 2003-58 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED TRAFFIC CONTROL JURISDICTION AGREEMENT BETWEEN VILLA DORADA CONDOMINIUM ASSOCIATION, INC. AND 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. C. Resolution No. 2003-59 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 AUTHORIZING THE APPROPRIATION OF UP TO $47,200 FOR THE CRIME AND PREVENTION PROGRAM AND THE PURCHASE OF FILING CABINET SYSTEM AND SUPPLIES FOR COMMUNITY PATROL/CRIME PREVENTION UNIT, OVERHEAD PROJECTOR AND SWAT EQUIPMENT FROM THE POLICE FORFEITURE FUND IN ACCORDANCE WITH THE CITY MANAGER'S MEMORANDUM DATED AUGUST 21, 2003. E. Resolution No. 2003-50 was adopted as follows: 4 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED WORK AUTHORIZATION NO. 01-0103-035 FOR PROFESSIONAL DESIGN SERVICES FOR THE HOSPITAL DISTRICT NE 213TM STREET CONNECTOR DRAINAGE IMPROVEMENTS PROJECT BY AND BETWEEN THE CITY OF AVENTURA AND CRAVEN THOMPSON AND ASSOCIATES, INC.; AND PROVIDING AN EFFECTIVE DATE. F. Resolution No. 2003-61 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA DEDICATING AN EIGHTEEN (18) FOOT BY 'FWENTY (20) FOOT EASEMENT TO THE CITY OF NORTH MIAMI BEACH ON THE AVENTURA CHARTER ELEMENTARY SCHOOL SITE; PROVIDING FOR RECORDATION; PROVIDING AN EFFECTIVE DATE. G. Resolution No. 2003-62 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY ACTION TO ACQUIRE THE FLORIDA DEPARTMENT OF TRANSPORTATION SURPLUS PROPERTY LOCATED ON THE EAST SIDE OF BISCAYNE BOULEVARD BE'FWEEN NE 202No STREET AND NE 203RD STREET (PARCEL 6002, APPROXIMATELY .34 ACRE SITE); ACKNOWLEDGING THE SURPLUS PROPERTY WILL BE UTILIZED FOR PUBLIC PURPOSES AS OPEN SPACE LANDSCAPED AREA; AND PROVIDING AN EFFECTIVE DATE. M. Resolution No. 2003-63 was adopted as follows: A RESOLUTION OF THE CiTY COMMISSION OF THE CITY OF AVENTURA, FLORIDA ENDORSING THE "NO PLACE FOR HATE" CAMPAIGN SPEARHEADED BY THE MIAMI-DADE COUNTY COMMUNITY RELATIONS BOARD AND ANTI-DEFAMATION LEAGUE; PROVIDING FOR AN EFFECTIVE DATE. 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 COMPREHENSIVE MASTER PLAN BY AMENDING THE FUTURE 5 e LAND USE MAP DESIGNATION FOR PROPERTY LOCATED ON NE 28 COURT AT NE 185 STREET, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", FROM BUSINESS AND OFFICE TO MEDIUM HIGH DENSITY RESIDENTIAL; PROVIDING FOR TRANSMITTAL TO THE AGENCIES AS REQUIRED UNDER CHAPTER 163, PART II, FLORIDA STATUTES; AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval was offered by Commissioner Beskin and seconded by Commissioner Diamond. Ms. Carr addressed the Commission. Mayor Pedow opened the public hearing. The following individual addressed the Commission: Jeffrey Bercow, Esq., 200 S. Biscayne Boulevard, representing the Merco Group, applicant. Mr. Soroka updated the Commission on his discussions with Miami-Dade County Public Works Department regarding the Miami Gardens Drive extension project, and the Miami-Dade School Board staff regarding school impacts created by additional residential units. The meeting recessed for five minutes dudng this discussion. After detailed discussion, a motion was offered by Vice Mayor Grossman, seconded by Commissioner Diamond and unanimously passed to accept the applicant's voluntary contribution of $125,000 as a supplemental impact fee to be used by the City for the City's Charter School program or at City's sole discretion, transferred by City to the Miami-Dade County School Board, which contribution shall be payable to City at time of issuance of building permits for residential units and shall be paid in the same proportion to which each permit issued bears to the total number of dwelling units authorized by the City. Ed Llorca, Mouriz/Salazar & Assoc., Architects, Martin Sims, Admiral's Port, and Steven Lackner, Admiral's Port addressed the Commission. There being no further speakers, the public hearing was closed. The motion for approval of enactment of the ordinance, as amended, passed unanimously by roll call vote and Ordinance No. 2003-09 was enacted. ZONING HEARINGS: (Continued) D. 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 31-143(f)(3)(d) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW A FRONT YARD SETBACK OF 12' FOR TOWNHOMES, WHERE A 25' SETBACK IS REQUIRED BY CODE, TO ALLOW A STREET SIDEYARD SETBACK OF 7.5' FOR TOWNHOMES, WHERE A 20' SETBACK IS REQURIED BY CODE, TO ALLOW A REAR YARD SETBACK OF 16' FOR TOWNHOMES WHERE A 25' SETBACK IS REQUIRED BY CODE AND TO ALLOW A SIDE YARD 6 SETBACK OF 10' FOR THE SOUTH CONDOMINIUM BUILDING, WHERE A 25' SETBACK IS REQUIRED BY CODE; GRANTING APPROVAL OF A VARIANCE FROM SECTION 31-143(f)(3)(a) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW A LOT SIZE OF 1281 SQUARE FEET FOR TOWNHOMES, WHERE 1600 SQUARE FEET IS REQUIRED BY CODE; GRANTING APPROVAL OF A VARIANCE FROM SECTION 31-171(b)(2) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO PERMIT TWO INTERIOR PARKING SPACES FOR TOWNHOMES, WHERE ONE EXTERIOR AND ONE INTERIOR SPACE IS REQUIRED BY CODE; GRANTING APPROVAL OF A VARIANCE FROM SECTION 31-143(f)(3)(b) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW A BUILDING HEIGHT THAT CREATES A SHADOW ON ADJACENT PROPERTY, WHERE THE CODE REQUIRES THAT ALL BUILDINGS IN THE RMF4 ZONING DISTRICT EXCEEDING 100' IN HEIGHT SHALL BE SITUATED SUCH THAT THE SHADOW CREATED BY THE SUN AT 12:00 NOON ON DECEMBER 21 WILL NOT FALL ON ANY ADJACENT PROPERTY EXCEPT FOR PUBLIC ROAD RIGHTS-OF-WAY; GRANTING APPROVAL OF A VARIANCE TO ALLOW DRIVEWAY SEPARATIONS OF 95' ON THE EXTENSION OF MIAMI GARDENS DRIVE AND 25' ON NE 28 COURT, WHERE A MINIMUM SEPARATION OF 150' OF LANDSCAPED FRONTAGE IS REQUIRED BY CODE; FOR PROPERTY LOCATED ON NE 28 COURT AT NE 185 STREET, CITY OF AVENTURA; PROVIDING FOR AN EFFECTIVE DATE. A motion for approval was offered by Commissioner Cohen and seconded by Vice Mayor Grossman. Ms. Carr explained the request of the applicant and entered the staff report into the record. Mayor Pedow opened the public headng. The following individuals addressed the Commission: Mr. Bercow; Mr. Llorca. There being no further speakers, the public hearing was closed. A motion was offered by Commissioner Beskin to provide that applicant grant an easement to the City for use of a portion of the property for a City entrance feature. Motion died for lack of second. The motion for approval passed unanimously and Resolution No. 2003-64 was adopted. RESOLUTIONS: A. Mr. Wolpin read the following resolution by title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA ABANDONING A 450 FOOT LONG SEGMENT OF NE 28 COURT LYING SOUTH OF NE 185 STREET, TOTALING 0.72 7 ACRES; PROVIDING FOR RECORDATION; PROVIDING AN EFFECTIVE DATE A motion for approval was offered by Commissioner Cohen and seconded by Vice Mayor Grossman. Ms. Carr addressed the Commission. Mayor Perlow opened the public hearing. The following individuals addressed the Commission: Mr. Bercow and Louis Soretsky, 555 NE 15th Street, Title Examiner. There being no further speakers, the public headng was closed. The motion for approval passed unanimously by roll call vote and Resolution No. 2003-65 was adopted. 8. PUBLIC HEARING: ORDINANCES - SECOND READING (Continued) B. Mr. Wolpin read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF AVENTURA BY AMENDING THE ZONING DESIGNATION FOR THREE PARCELS OF LAND LOCATED ON NE 28 COURT AT NE 185 STREET, AND AS MORE PARTICULARLY DESCRIBED IN EXHIBIT A, FROM B2, COMMUNITY BUSINESS DISTRICT TO RMF4, MULTIFAMILY HIGH DENSITY RESIDENTIAL DISTRICT; APPROVING A DEVELOPMENT AGREEMENT AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE DEVELOPMENT AGREEMENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. A motion for approval was offered by Commissioner Cohen and seconded by Commissioner Diamond. Mayor Pedow opened the public hearing. The following individual addressed the Commission: Mr. Bercow. There being no further speakers, the public hearing was closed. The motion for approval passed unanimously by roll call vote and Ordinance No. 2003- 10 was enacted. 9. RESOLUTIONS: (Continued) B. Mr. Wolpin read the following resolution by title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA APPROVING MODIFICATION OF A PREVIOUS APPROVAL TO ALLOW THE EXPANSION OF AN EXISTING DAY- CARE/PRE-SCHOOL/ELEMENTARY/MIDDLE SCHOOL FOR PROPERTY LOCATED AT 20400 NE 30 AVENUE; PROVIDING AN EFFECTIVE DATE. 8 Mr. Wolpin noted that pursuant to County Code, all Commissioners having a conflict of interest must leave the room at this time. Commissioners Beskin, Cohen, Holzberg, Vice Mayor Grossman and Mayor Perlow declared a conflict of interest as they serve on the Board of Directors of the applicant and left the reom. A motion for approval was offered by Commissioner Diamond and seconded by Commissioner Auerbach. Ms. Carr addressed the Commission. The public hearing was opened. The following individual addressed the Commission: Mr. Schulman. There being no further speakers, the public hearing was closed. The motion for approval passed unanimously by roll call vote (2-0) and Resolution No, 2003-66 was adopted. Commissioners Beskin, Cohen, Holzberg, Vice Mayor Grossman and Mayor Pedow returned to the room at this time. 6. CONSENT AGENDA: (Continued) The following items were removed from the Consent Agenda and addressed separately: I. Mr. Wolpin read the following resolution by title: A RESOLUTION OF THE CITY COMMISSION OF THE CiTY OF AVENTURA, FLORIDA; SUPPORTING THE FLORIDA FREE TRADE OF THE AMERICAS ("FTAA") EFFORTS TO PROMOTE MIAMI AS THE NATURAL LOCATION FOR THE PERMANENT SECRETARIAT OF THE FTAA; PROVIDING FOR AN EFFECTIVE DATE. A motion for approval was offered by Commissioner Cohen, and seconded by Commissioner Holzberg. Commissioner Beskin moved to amend the first three Whereas clauses. Motion died for lack of second. The motion passed 6-1 with Commissioner Beskin voting no and Resolution No. 2003-67 was adopted. REQUEST BY THE RELATED GROUP OF FLORIDA FOR EXTENSION OF THE APPROVALS GRANTED THROUGH RESOLUTION NO. 2002- 46 FOR AN ADDITIONAL SlX (6) MONTH PERIOD FROM SEPTEMBER 3, 2003 TO MARCH 3, 2004. A motion for approval was offered by Commissioner Cohen and seconded by Commissioner Holzberg. Mr. Schulman addressed the Commission, The motion for approval passed unanimously. K. Mr. Wolpin read the following resolution by title: 9 A RESOLUTION OF THE CITY COMMISSION OF THE CiTY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED PUMP STATION COST SHARING DEVELOPMENT AGREEMENT BETWEEN INVESTURA, L.L.C., VENAVENTURA, L.L.C., VENAVENTURA II, L.L.C., THE RELATED COMPANIES OF FLORIDA, THE PRUDENTIAL INSURANCE COMPANY OF AMERICA AND THE CITY OF AVENTURA; AND PROVIDING AN EFFECTIVE DATE. Mayor Perlow declared a conflict of interest and left the reom. A motion for approval was offered by Commissioner Holzberg, and seconded by Commissioner Diamond. Mr. Schulman addressed the Commission. The motion for approval unanimously passed (6-0) and Resolution No. 2003- 68 was adopted. Mayor Perlow returned to the room. L. Mr. Wolpin read the following motion: MOTION TO REJECT ALL BIDS TENDERED FOR BID NO. 03-8-11-2 BISCAYNE BOULEVARD LANDSCAPE MAINTENANCE IN ACCORDANCE WITH STAFF REPORT DATED AUGUST 25, 2003 The motion was offered by Commissioner Cohen and seconded by Commissioner Holzberg. The motion passed unanimously. 7. ORDINANCES - FIRST READING/PUBLIC INPUT: None. 9. RESOLUTIONS: (continued) C. Mr. Wolpin read the following resolution by title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING APPROVAL OF LOCAL LAW ENFORCEMENT BLOCK GRANT; AUTHORIZING THE CITY MANAGER ON BEHALF OF THE CITY TO EXECUTE APPROPRIATE GRANT DOCUMENTS; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval was offered by Vice Mayor Grossman, and seconded by Commissioner Cohen. Mayor Pedow opened the public hearing. There being no speakers, the public hearing was closed. The 10 motion for approval passed unanimously and Resolution No. 2003-69 was adopted. Mayor Perlow left the room at this time. 10.OTHER BUSINESS: REQUEST BY AVENTURA'S FINEST HAND CAR WASH FOR CITY COMMISSION TO PLACE ON FUTURE AGENDA REQUEST FOR EXTENSION OF TIME TO CONTINUE TO OPERATE HAND CAR WASH BUSINESS AT 2890 NE 187TM STREET Mr. Price, Guillermo Freile and Edith Ann White, Construction Manager for Harbour Center, addressed the Commission. A motion to place this matter on the October 7, 2003 agenda was offered by Commissioner Diamond, seconded by Commissioner Auerbach and passed 4-2 with Commissioners Cohen and HoIzberg voting no. Mayor Perlow returned to the reom at this time. 11. PUBLIC COMMENTS: None. 12. REPORTS. As submitted. Mr. Wolpin req,~ested and received approval to schedule an Executive Session to discuss the 199u' Street railroad crossing litigation. 13. 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 11:00 p.m. Teresa M. Soroka, CMC, City Clerk Approved by the Commission on Anyone w~shing to appeal any decision made by the City Commission with respect to any matter considered at a meeting or headng will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. 11 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS MAILING ADDRESS CATE ON WHICH VOTE O~CURRED COUNTY NAME qF BOARD COUNCIL COMMISSION AUTHORITY. ORCOMMITTEE THE BOARO, COUNCIL, COMMISSION, AUTHORITY OR COMMI3TEE ON WHICH I SERVE IS A UNIT OF: ~ITY r~ COUNTY O OTHER LOCAL AGENCY NAME OF POLITICAL SUBDIVISION: MY POSITION IS: ~.~-~CTIVE APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person sewing 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-adviso~ bodies who are presented with a voting conflict of interest under Section 112.3143, Fiodda 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 form. 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 mea- sure 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.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited 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, ccowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: in addition 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 min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, YOU otherwise may participate in these matters. However, 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 A"CI-EMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WiLL 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 form in the minutes. (Continued on other side) CE FORM 8e - EFF. 1/2000 PAGE 1 APPOINTED OFFICERS (continued) A copy of the form must be provided immediately to the other members of the agency. The form must be read publicly at the next meeting after the form is filed. iF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECiSiON EXCEPT BY DISCUSSION AT THE MEETING: You must disclose orally the nature of your conflict in the measure before participating. You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST I,__ ~ ~/~-t~ ~~ ~Q&-O ~l--/ __, hereby disclose that on (a) A measure came or will come before my agency which (check one) __ inured to my special private gain or loss; __ inured to the special gain or loss of my business associate, __ inured to the special gain or loss of my relative, -- inured to the special gain or loss of iO~V~3'{TO,O.J~'5. FI~T ~ ~ whom I am retained; or ~ inured to the spedal gain or loss of is the parent organization or subsidia~ of a principal which has re[ained me. (b) The measure before my agency and the nature of my ~nfli~[ng interest in the measure is as follows: {-~- ,20 O,B : ., which Date Filed ~ NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE 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 CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 8B - EFF. 1/2000 PAGE 2 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS MAILING ADDRESS CITY DATE ON ~ICH VO~ ~CU~D COUNTY NAIVE qF BOARD, COUNCIL. C.OMMISSlON, AIJTHORtTY, OR COI/.MITrEE THE BOARD, COUNCIL, COMb#SSlON, AUTHORITY OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: WHO MUST FILE FORM 8B 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 ars 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 form, INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local pub!lc 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 mea- sure 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 colporete principal by which he or she is retained); to the special private gain or less 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.S., and officers of independent special tax districts elected on a one-acre, one-vota basis are not prohibited 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 daughtar-ir'~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). ELECTED OFFICERS: in addition 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 ars abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, 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 ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: · You must complete and filo this form (before making any attempt to influence the decision) with the pemon responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM 8B - EFF. 1/2000 PAGE 1 APPOINTED OFFICERS (continued) A copy of the form must be provided immediately to the other members of the agency. The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: You must disclose orally the nature of your conflict in the measure before participating, You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is flied. DISCLOSURE OF LOCAL OFFICER'S INTEREST __, th. (a) A measure came or will come before my agency which (check one) inured to my special private gain or loss; inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative, ~ inured to the special gain or loss of /~U~ ~ ~, ~ ,~ ~ whom I am re~ined; or ~ inured to the special gain or loss of i~ ~e parent organization or subsidia~ of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: which Date Filed ~~ NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE 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 CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 8B - EFF. 1/2000 PAGE 2 MINUTES Government Center CITY COMMISSION MEETING ~e2oo West Country Club Ddve 1sT BUDGET PUBLIC HEARING ^ventura, FL 33t80 SEPTEMBER 4, 2003 6 PM 1. CALL TO ORDER/ROLL CALL: The meeting was called to order at 6:00 p.m. by Mayor Jeffrey M. Perlow. Present were Commissioners Zev Auerbach (arrived at 6:05 p.m.), Jay R. Beskin, Ken Cohen, Bob Diamond, Harry Holzberg, Vice Mayor Manny Grossman, Mayor Perlow, City Manager Eric M. Soroka, and City Clerk Teresa M. Soroka. As a quorum was determined to be present, the meeting commenced. 2. PLEDGE OF ALLEGIANCE: Billy Joel led the pledge of allegiance. 3. PUBLIC HEARINGS: 2003/2004 BUDGET ORDINANCES: FIRST READING/PUBLIC INPUT: A. Mr. Soroka read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ESTABLISHING AND ADOPTING THE CITY OF AVENTURA AD VALOREM TAX OPERATING MILLAGE LEVY RATE AT 2.2270 MILS PER THOUSAND DOLLARS OF TAXABLE ASSESSED PROPERTY VALUE, WHICH IS 8.22% ABOVE THE ROLLED BACK RATE COMPUTED PURSUANT TO STATE LAW, FOR THE 2003 TAX YEAR; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval was offered by Commissioner Holzberg and seconded by Commissioner Cohen. Mayor Pedow opened the public hearing. There being no speakers, the public hearing was closed. The motion for approval passed unanimously by roll call vote. B. Mr. Soroka read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ADOPTING THE ATTACHED TENTATIVE OPERATING AND CAPITAL BUDGET, AS REVIEWED AND APPROVED BY CITY COMMISSION AT THE REVIEW MEETING HELD ON JULY 17, 2003, AS THE CITY OF AVENTURA FINAL BUDGET FOR THE 2003~2004 FISCAL YEAR, PURSUANT TO SECTION 4.05 OF THE CITY CHARTER; AUTHORIZING EXPENDITURE OF FUNDS ESTABLISHED BY THE BUDGET; PROVIDING FOR BUDGETARY CONTROL; PROVIDING FOR PERSONNEL AUTHORIZATION; PROVIDING FOR GIFTS AND GRANTS; PROVIDING FOR AMENDMENTS; PROVIDING FOR ENCUMBRANCES; PROVIDING FOR PROVIDING FOR AN EFFECTIVE DATE. SEVERABILITY AND A motion for approval was offered by Commissioner Cohen, and seconded by Commissioner Holzberg. Mayor Perlow opened the public headng. There being no speakers, the public hearing was closed. The motion for approval passed 6-1, by roll call vote, with Commissioner Diamond voting no. Mr. Soroka announced the second Budget Public Hearing is scheduled for September 18, 2003 at 6 p.m. at Govemment Center, 19200 West Country Club Drive, Aventura, Florida. 4. ADJOURNMENT: There being no further business to come before the Commission at this time, after motion made, seconded and unanimously passed, the meeting adjourned at 6:24 p.m. Teresa M. Soroka, CMC, City Clerk Approved by the Commission on Anyone wishing to appeal any decision made by the City Commission with respect to any matter considered at a meeting or headng will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. 2 MINUTES Aventura Government Center COMMISSION WORKSHOP MEETING 19200 W. CountryCiub Ddve SEPTEMBER 18, 2003 Aventura, Florida 33180 The meeting was called to order at 10 a.m. by Mayor Jeffrey M. Perlow. Present were Commissioners Zev Auerbach, Jay R. Beskin, Ken Cohen, Bob Diamond, Harry Holzberg, Vice Mayor Manny Grossman, Mayor Perlow, City Manager Eric M. Soroka, City Clerk Teresa M. Soroka, and City Attomey David M. Wolpin. As a quorum was determined to be present, the meeting commenced. 1. MIAMI-DADE COUNTY NE LIBRARY BRANCH PROPOSED RENOVATIONS: Bill Urbisu, Assistant Director of the Miami-Dade County Library System and Keith Dooley, Architect, presented proposed renovations to the NE Dade Library Branch in Aventura to occur in several phases over the next few years, conditioned upon the County's funding. CITY MANAGER SUMMARY: City Manager to address Commission's concerns relative to landscaping improvements to be coordinated with the proposed renovations. 2. TERM LIMITS: (Commissioner Cohen) Commissioner Cohen urged Commissioners to support a charter amendment by ordinance to be voted on by the electorate to provide for the elimination of Commission term limits. CITY MANAGER'S SUMMARY: Consensus to place this matter on the October agenda for further discussion. 6. PARADE REQUEST - LIONS OF JERUSALEM: (Taken out of order) Susan Gladstone, representing the Lions of Jerusalem Committee members requested the use of Founder's Park and other City services, i.e. stage, michrophone system, etc. to display the lions upon arrival at their kick-off event. CITY MANAGER'S SUMMARY: Consensus to authorize display of lions on south side of Founders Park subject to the terms of the City's Special Events permit as issued by the City Manager. 3. FlU BISCAYNE BAY PROJECT: Stanley Greenstein, Chair of Biscayne Bay Society at FlU, proposed a program to provide classes and a concert at the Community Recreation Center and to assist in providing information to residents regarding programs offered by FlU. CITY MANAGER'S SUMMARY: Consensus to authorize FlU to provide services to the City as outlined at a cost of $7,200. 4. YACHT CLUB WAY UPDATE: Mr. Soroka noted that the Turnberry Resort has agreed to provide the appropriate documents requested and this item was removed from the agenda. CITY MANAGER'S SUMMARY: No action necessary. MIAMI-DADE COUNTY LEAGUE DINNER: Mr. Soroka requested whether or not the Commission desired to participate in this event. CITY MANAGER'S SUMMARY: Consensus to purchase 11 tickets for this event. 7. USE OF COMMUNITY RECREATION CENTER BY POLITICAL ORGANIZATIONS: (Commissioner Beskin) Commissioner Beskin requested a change in the City's policy to allow political organizations to use the Community Recreation Center. CITY MANAGER'S SUMMARY: On the advice of the City Attorney, it was the consensus that no change be made in the current policy. 8. ANNEXATION: Mayor Perlow discussed the potential of annexing the surrounding community to the west and requested input from the Commission. CITY MANAGER'S SUMMARY: City Manager to advise interested parties that the City would review applications for annexation provided a detailed "annexation report" outlining expenditures and capital costs is included with the application. 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 2 p.m. Approved by the Commission on Teresa M. Soroka, CMC, City Clerk 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 verpatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. 2 MINUTES Government Center CITY COMMISSION MEETING 19200 West Country Club Drive ND BUDGET PUBLIC HEARING Aventura, FL33180 SEPTEMBER 18, 2003 6 PM 1. CALL TO ORDER/ROLL CALL: The meeting was called to order at 6:00 p.m. by Mayor Jeffrey M. Pedow. Present were Commissioners Zev Auerbach, Jay R. Beskin (arrived during vote on 3 B), Ken Cohen, Bob Diamond, Harry Holzberg, Vice Mayor Manny Grossman, Mayor Pedow, City Manager Eric M. Soroka and City Clerk Teresa M. Soroka. As a quorum was determined to be present, the meeting commenced. 2. PLEDGE OF ALLEGIANCE: Dr. Charles Radlauer led the pledge of allegiance. 3. PUBLIC HEARINGS: ORDINANCES: SECOND READING: 2003/2004 BUDGET A. Mr. Soroka read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ESTABLISHING AND ADOPTING THE CITY OF AVENTURA AD VALOREM TAX OPERATING MILLAGE LEVY RATE AT 2.2270 MILS PER THOUSAND DOLLARS OF TAXABLE ASSESSED PROPERTY VALUE, WHICH IS 8.22% ABOVE THE ROLLED BACK RATE COMPUTED PURSUANT TO STATE LAW, FOR THE 2003 TAX YEAR; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval was offered by Commissioner Cohen and seconded by Commissioner Holzberg. Mayor Pedow opened the public hearing. There being no speakers, the public hearing was closed. The motion for approval passed unanimously by roll call vote (6-0) and Ordinance No. 2003-11 was enacted. B. Mr. Soroka read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ADOPTING THE ATTACHED TENTATIVE OPERATING AND CAPITAL BUDGET, AS REVIEWED AND APPROVED BY CITY COMMISSION AT THE REVIEW MEETING HELD ON JULY 17, 2003, AS THE CITY OF AVENTURA FINAL BUDGET FOR THE 2003/2004 FISCAL YEAR, PURSUANT TO SECTION 4.05 OF THE CITY CHARTER; AUTHORIZING EXPENDITURE OF FUNDS ESTABLISHED BY THE BUDGET; PROVIDING FOR BUDGETARY CONTROL; PROVIDING FOR PERSONNEL AUTHORIZATION; PROVIDING FOR GIFTS AND GRANTS; PROVIDING FOR AMENDMENTS; PROVIDING FOR ENCUMBRANCES; PROVIDING FOR PROVIDING FOR AN EFFECTIVE DATE. SEVERABILITY AND A motion for approval was offered by Commissioner Cohen and seconded by Commissioner Holzberg. Mayor Pedow opened the public headng. There being no speakere, the public headng was closed. The motion for approval passed unanimously by roll call vote (7-0) and Ordinance No, 2003-12 was enacted. 4. ADJOURNMENT: There being no further business to come before the Commission at this time, after motion made, seconded and unanimously passed, the meeting adjourned at 6:04 p.m. Teresa M. Soroka, CMC, City Clerk Approved by the Commission on Anyone wishing to appeal any decision made by the City Commission with respect to any matter considered at a meeting or headng will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. 2 TO: FROM: DATE: SUBJECT: CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM City Commission C~ Eric M. Soroka, ICMA-CM, ' September 26, 2003 Addendum to the Collective Bargaining Agreement Between the City and the Police Benevolent Association - 2002/2005 October 7, 2003 City Commission Meeting Agenda Item ~7-/~ RECOMMENDATION It is recommended that the City Commission adopt the attached Resolution authorizing the City Manager to execute the subject document. BACKGROUND The City Administration and PBA finalized an Addendum to the Collective Bargaining Agreement that addresses the reopening of the Pension Plan Article. The Agreement conforms to the parameters established by the City Commission. If you have any questions, please feel free to contact me. EMS/aca Attachment CC01244-03 RESOLUTION NO. 2003-.~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE AND OTHERWISE ENTER INTO THAT CERTAIN ADDENDUM TO THE COLLECTIVE BARGAINING AGREEMENT BY AND BE'I'WEEN THE CITY OF AVENTURA AND THE DADE COUNTY POLICE BENEVOLENT ASSOCIATION, OCTOBER 1, 2002 TO SEPTEMBER 30, 2005, ATTACHED HERETO, WHICH ADDENDUM SHALL BE EFFECTIVE UPON SIGNATURE BY THE CITY MANAGER AND THE DADE COUNTY POLICE BENEVOLENT ASSOCIATION; 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 Addendum to the Collective Bargaining Agreement dated October 1, 2002 to September 30, 2005, attached hereto and incorporated herein, is hereby accepted by the City Commission, and the City Manager is hereby authorized on behalf of the City to execute and otherwise enter into said Collective Bargaining Agreement Addendum by and between the City of Aventura and the Dade County Police Benevolent Association. Section 2. The City Manager is hereby authorized to do all things necessary and expedient in order to effectuate the execution of the Agreement described in Section 1 above and to carry out the aims of this Resolution. Section 3. This Resolution shall become effective immediately upon its adoption and upon the execution of the Agreement by the City Manager and the Dade County Police Benevolent Association representatives. Resolution No. 2003-__ Page 2 The foregoing Resolution was offered by Commissioner moved its adoption. The motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Bob Diamond Commissioner Harry Holzberg Commissioner Manny Grossman Mayor Jeffrey M. Pedow PASSED AND ADOPTED this 7th day of October, 2003. , who ATTEST: JEFFREY M. PERLOW, MAYOR TERESA M. SOROKA, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY EMS/tms ADDENDUM TO AGREEMENT BETWEEN THE CITY OF AVENTURA, FLORIDA AND DADE COUNTY POLICE BENEVOLENT ASSOCIATION October 1, 2002 to September 30, 2005 It is agreed by the City of Aventura and the Dade County Police Benevolent Association that the Collective Bargaining Agreement for the period of October 1, 2002 to September 30, 2005 is hereby amended as follows: ARTICLE 29 Pension Plan Section 1. The City af:lrees to implement a defined benefit pension plan for members of the bar,qainin,q unit to be effective October 2003, based on the followinR components: A. Pension Plan Points a) Local Plan administered by Board of Trustees as provided in State,- Statue. b) Normal Retirement - 55 and 10 years of service or completion of 25 years c) Benefit - 3% d) Avera.qe Final Compensation - Best 5 year salary of last ten e) Vestin,q Years - 10 years, If less than 10 years of service, employee contributions are refunded with 3% interest. f) Salary - All except off-duty g) Additional Fundinq - State contributes .85% of gross premiums collected on automobile, burglary and theft and property insurance within corporate limits. This could translate to 4 to 5% for the City plan. h) Early Retirement - 45 and 10 years of service. The benefit is reduced by 3% for each year eady before normal retirement a,qe. i) Line of Duty pre - retirement death benefit - -Greater of accrued benefit or 30% of monthly compensation at death. j) Disability - {Non-duty) - 10 years of service. 25% of average monthly compensation or pension benefit accrued. k) Disability - (On-duty) -42%of average monthly compensation. City to maintain current short and long term disability programs B. Plan Fundinq (includes use of 185 monies) a) City contribution effective 10/1/03 shall be 14.5%, All employee's contribution, effective 10/1/03, shall be 6.3%. Estimated 185 monies to be 5%. b) All employees hired prior to 10/1/00 shall be eligible for all service (vested for all years employed by the city as a police officer). Employees are required to transfer all funds accrued in their City 401 plan (defined contribution plan) to the defined benefit plan effective October 2003. The City will make no further contributions to the 401 Plan. c) Employees hired after 10/01/00 would be eli,qible for future service only as of 10/01/03 and they would retain all funds accrued in 401 plan. For those employees with less than three (3) years service as a City of Aventura Police Officer as of October 1, 2003, the following applies: The officer receives no past service credit in the newly provided Defined Benefit Retirement Plan. 2. The officer retains ownership of the vested balance in the previously provided Defined Contribution Plan (ICMA 401 Plan). 3. For the time after October 1, 2003, the officer is credited with service in both the new Defined Benefit Plan and the previous Defined Contribution Plan. 4. The City will make no further contributions to the Defined Contribution Plan. The City and employee will contribute to the new Defined Benefit Retirement Plan for all periods after 10/1/03. For example, a Police Officer who be,qan work with the City on October 1, 2001 would have two years service as an Aventura Police Officer on October 1, 2003. The Officer is 40% vested in the Defined Contribution Plan on October 1, 2003. If the employee continues to be employed by the City as a Police Officer, the Officer will become 60% vested in the Defined Contribution Plan on October 1, 2004; 80% on October 1, 2005 and 100% on October 1, 2006. At October 1, 2006, the Officer will also have 3 years of credited service in the Defined Benefit Plan. d) Future increases or decreases required to fund the plan based on actuarial study would be split 50~50 (City/Employee) durin,q the life of this agreement. Section 2. The City and PBA agree that Article 29, Section I .B. d) of this Agreement shall expire as of September 30, 2005 at 11:59 and therefore shall be null and void. This Agreement is made and entered into and executed this ,2003. day of CITY OF AVENTURA DADE COUNTY POLICE BENEVOLENT ASSOCIATION Eric M. Soroka, City Manager John Riviera, President PBA Attomey Representative Representative ATTEST: Teresa M. Soroka, City Clerk 1Underlined provisions constitute additions to the existing agreement; striekeR ...... ... prowslons mdmate deletions from the existing agreement. TO: FROM: DATE: SUBJECT: CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM City Commission ty ~~an~ ~ Eric M. Soroka, ICMA-CM, Ci September 29, 2003 Resolution Declaring Equipment Surplus October 7, 2003 City Commission Meeting Agenda Item /'/ RECOMMENDATION It is recommended that the City Commission adopt the attached Resolution declaring certain property as surplus to the needs of the Police Department. If you have any questions, please feel free to contact me. EMS/aca Attachment CC01245-03 RESOLUTION NO. 2003-._ A RESOLUTION OF THE CITY COMMISSION OF THE CiTY OF AVENTURA, FLORIDA DECLARING CERTAIN PROPERTY LISTED UNDER THE ASSETS OF THE CITY AS SURPLUS TO THE NEEDS OF THE CITY; DESCRIBING THE MANNER OF DISPOSAL; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Manager desires to declare certain property as surplus to the needs of the City; and WHEREAS, Ordinance No. 2000-09 provides that all City-owned property that has been declared surplus cannot be disposed of prior to the preparation and formal approval of a resolution by the City Commission. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Recitals Adopted. The above recitals are hereby confirmed and adopted herein. Section 2. The property listed on Exhibit "A" has been declared surplus and is hereby approved for disposal. Section 3. The City Manager is authorized to dispose of the property listed on Exhibit "A" through a public auction, sale, trade-in, transfer to other governmental agency or, if of no value, discarded. Section 4. The City Manager is hereby authorized to do all things necessary to carry out the aims of this Resolution. Section 5. This Resolution shall become effective adoption. The foregoing Resolution was offered by Commissioner its adoption. The motion was seconded by Commissioner being put to a vote, the vote was as follows: immediately upon its , who moved , and upon Commissioner Zev Auerbach Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Bob Diamond Commissioner Harry Holzberg Commissioner Manny Grossman Mayor Jeffrey M. Pedow Resolution No. 2003-~ Page 2 PASSED AND ADOPTED this 7th day of October, 2003. ATTEST: JEFFREY M. PERLOW, MAYOR TERESA M. SOROKA, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY TO: FROM: DATE: CITY OF AVENTURA POLICE DEPARTMENT INTER OFFICE MEMORANDUM Edc M..Somka, City Manager ~hief of Police 17 September 2003 SUBJECT: Surplus Property I would like to have the below listed items, owned by the City of Aventura, declared Surplus Property as per City of Aventura APDP, Chapter 6, Subsection 5, Page 1, as these items have become inadequate for public purposes: Quantity 3 1 6 1 1 1 ~m 5 Drawer metal filing cabinets 4 Drawer metal filing cabinet Metal desks 6 level shelf 3 Drawer file cabinet Metal desk, asset # 0940 CITY OF AVENTURA COMMUNITY SERVICES DEPARTMENT MEMORANDUM TO: FROM: BY: DATE: SUBJECT: City Commission ~,,~.f Eric M. Soroka, ICMA-CM, Ci~ager Robert M. Sherman, Director of Co~m~ September 30, 2003 [y Service~ Resolution Authorizing the City Manager to Execute Work Authorization No. 01-0103-036 from Craven Thompson & Associates, Inc. to Prepare Specifications for a City-wide Traffic Video Monitoring System and Bid Documents for the Development of Two Video Monitoring Units Located at the Intersections of Biscayne Boulevard and NE 183r~ Street and Miami Gardens Drive for the Amount of $60,800.00 October 7, 2003 City Commission Meeting Agenda Item Recommendation: It is recommended that the City Commission adopt the attached resolution authorizing the City Manager to execute the attached Work Authorization No. 01-0103-036 from Craven Thompson & Associates, Inc. to prepare specifications and bid documents to install two video traffic monitors at the aforementioned intersections on Biscayne Boulevard. Background: The City plans to implement a Traffic Video Monitoring System for traffic observation purposes at selected major intersections in the City. This Work Authorization encompasses two objectives: Initial planning and construction assessment for linking approximately 13 intersections within the City via the traffic video monitoring and wireless technology. Although only two intersections will be implemented in the scope of this Work Authorization, the purpose of the assessment is to ensure that the system can be expanded in the future, City Commission September 30, 2003 Page Two 2. Planning, design, specifications, development of bid documents, construction and implementation management services for the development and installation of two traffic video monitors at the intersections of Biscayne Boulevard and NE 183r~ Street and Miami Gardens Drive. These tasks will take 90 days to complete. I will be happy to answer any additional questions regarding this project. RMS~f Attachments RMS03061 WORK AUTHORIZATION NO. 01-0103-036 The City of Aventura has requested Work Authorization No. 01-0103-036 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, 2001. This Work Authorization No 01-0103-036 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. Planning Phase Perform Field Reviews/Interviews ........................................................................ $3,800.00 Preliminary Design/Network Plans ....................................................................... $2,200.00 Site Surveys ....................................................................................................... $12,500.00 Coordination with City ......................................................................................... $1,800.00 Total Planning Phase ....................................................................................... $20,300.00 Design Phase Develop 100% Construction Drawings ............................................................... $11,500.00 Permitting ............................................................................................................ $5,200.00 Project Management ............................................................................................. $6,500.00 Total Design Phase ........................................................................................... $23,200.00 Bidding Phase Prepare BidDocuments/TechnicalSpecifications ................................................. $2,800.00 RespondtoRFI's .................................................................................................... $500.00 Total Bidding Phase ........................................................................................... $3,300.00 System Implementation Phase Attend Preconstmetion Conference ......................................................................... $500.00 Site Visits ............................................................................................................ $5,000.00 Coordination with Contractor and City ................................................................. $4,500.00 Project Closeout Documentation .......................................................................... $1,000.00 Total Construction Phase ................................................................................. $11,000.00 Reimbursable Expenses Printing, Graphics, Communications, Travel ........................................................ $2,500.00 Couriers, Express Mail, Etc ..................................................................................... $500.00 Total Reimbursable Expenses ............................................................................ $3,000.00 Total Estimated Labor Expenses are ................................................................... $57,800.00 Total Estimated Reimbursable Expenses are ......................................................... $3,000.00 The time period for this work authorization will be: Planning Phase ......................................................... 30 Days . Design Phase/Preparation of Bids ............................. 60 Days ATTEST BY City Clerk Teresa M. Soroka, CMC APPROVED AS TO FORM BY City Attorney Weiss Serota& Helfman, P.A. CITY: CITY OF AVENTURA, FLORIDA BY City Manager Eric M. Soroka, ICMA-CM __day of ,2003 Notice to Proceed Yes Project Initiation Date No RECOMMENDED: Dire, r~r o~ Community Services Robert M. Sherman, CPRP °v d yof Y &_ 2003 EXHIBIT "A" Thc City of Aventura (City) plans to implement a Traffic Video Monitoring System for multi- purpose usage. This system's primary purpose will be for observation of traffic at major street intersections in the city. The system design will be based on discussions with Craven Thompson & Associates (CTA) and the City and a proof of concept demonstration project performed during the first quarter of 2003. The City envisions as many as 13 street intersections to be monitored by remote cameras. Initial intersection implementation will be for the following two (2) intersections: Biscayne Boulevard and NE 183~d Street and Biscayne Boulevard and Miami Gardens Drive. This proposal encompasses two objectives: 1. Initial planning and constructability assessment for linking approximately 13 street-intersection locations and systems using wireless technology. Although only two intersections will be implemented initially, the purpose of this assessment will be to ensure that the system that can be expanded in the future to meet the City's overall project objectives. 2. Design, specification and construction management of this traffic video monitoring system for the following two intersections: Biscayne Boulevard and NE 183~ Street and Biscayne Boulevard and Miami Gardens Drive. The traffic video monitoring system will utilize the video technology and microwave transmission technology demonstrated in the proof of concept and technology demonstration project. Cameras will be weatherproof day/night type with pan/tilt/zoom capability and cameras and associated support equipment for transmission and monitoring of these cameras. Included in the scope of work for this project is the interconnection of the cameras and tnmsmission equipment systems to the video system head-end video switcher equipment and systems. CTA and our subconsultant will coordinate closely with the City during the production of the design documents that will be used for system acquisition. CTA will utilize the services of Ross & Bal~z~ini as a subconsultant for their expertise and knowledge in the areas of security and traffic video monitoring systems technology and implementation. The wireless technology recommended for the system is the point-to-point microwave transmission equipment used in the proof-of-concept demonstration. This network technology has been demonstrated to work well for the City's intersection surveillance and monitoring applications. Consultant will more specifically provide professional services to implement a wireless traffic video monitoring system. 1.1 Planning · Attend project kick-off meeting. · Perform field reviews as necessary noting operational characteristics of intersections and microwave paths. · Interview City staff, stakeholders and users to determine design criteria system and intersection surveillance requirements. 1.2 1.3 1.4 · Develop microwave preliminary network plans to connect 13 intersections to head-end, ensure feasibility and constructability for entire envisioned system · Perform site survey to identify camera locations, determine microwave transmitter and receiver requirements, confirm radio frequency (RF) signal paths, determine and check for potential signal interference, locate power sources and examine the proposed monitoring location. · Conduct detailed site survey of the two "first-phase" intersections to determine exact placement, inf~stmcture and design requirements. The "first-phase" intersections will be at Biscayne Boulevard and NE 183~a Street and Biscayne Boulevard and Miami Gardens Drive. Design, Review and Specifications (two "first-phase" intersections only at Biscayne Boulevard and NE 183~ Street and Biscayne Boulevard and Miami Gardens Drive) · Develop 50% Construction Documents o Research proposed wireless components specifications for compliance with design requirements o Determine optimum antenna types, mounting heights and orientations o Determine optimum channels, fxequencies o Develop preliminary system block diagram o Develop site drawings indicating locations of cameras and associated equipment o Develop 50% level project specifications for systems and power o Manage design review process · Complete 100% Construction Documents o Write system specification document for products and execution o Produce 100% drawing set detailing the traffic video monitoring system Pre-Bid, RFI Support, Contract Support (two "first-phase" intersections only at Biscayne Boulevard and NE 183~ Street and Biscayne Boulevard and Miami Gardens Drive) · Prepare bid documents and assist City in bidding the Work. · Assist City in vendor request for information process and answering vendor questions · Attend vendor pre-bid conference as City's tecb. mcal representative · Assist City in review and technical evaluation of vendor bids/proposals · Develop vendor evaluation criteria · Provide input for contract requirements System Implementation (two "first-phase" intersections only at Biscayne Boulevard and NE 183~ Street and Biscayne Boulevard and Miami Gardens Drive) · A-~er contract award, provide project management services for construction management and contract administration o Review product submittals, shop drawings and contractor schedule o Monitor installation methods and conformance to contract specifications · Provide QA/QC functions and inspections · Monitor commissioning and system integration with head-end system and operation · Provide support for post commissioning owner acceptance In completing all work described above, Consultant shall produce following deliverables: Needs analysis and assessment document describing applications and requirements for the traffic video monitoring system Total Intersection Wireless Network Plan Project team meeting/site visit minutes Project schedule and installation plan Project Reports 50% construction documents (project design specifications and drawing set) 100% construction documents (project design specifications and drawing set) RFI log Vendor evaluation matrix Contract terms and conditions draft Pre and Post Installation checklists 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 # 01-0103-036 FOR PROFESSIONAL CONSULTING SERVICES WITH CRAVEN THOMPSON AND ASSOCIATES, INC. TO PREPARE SPECIFICATIONS AND BID DOCUMENTS FOR THE DEVELOPMENT OF TRAFFIC VIDEO MONITORING SYSTEMS AT THE INTERSECTIONS OF BISCAYNE BOULEVARD AND N.E. 183RD STREET AND MIAMI GARDENS DRIVE FOR THE AMOUNT OF $60,800.00; 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 # 01-0103-036 for Professional Consulting Services with Craven Thompson and Associates Inc. to prepare specifications and bid documents for the development for two traffic video monitoring systems at the intersections of Biscayne Boulevard and N.E. 183rd Street and Miami Gardens Drive for the amount of $60,800.00. 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 Zev Auerbach Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Bob Diamond Commissioner Harry Holzberg Commissioner Manny Grossman Mayor Jeffrey M. Perlow Resolution No. 2003-__ Page 2 PASSED AND ADOPTED this 7th day of October, 2003. ATTEST: JEFFREY M. PERLOW, MAYOR TERESA M. SOROKA, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY CITY OF AVENTURA FINANCE SUPPORT SERVICES DEPARTMENT MEMORANDUM TO: FROM: BY: DATE: SUBJECT: City Commission ~ Eric M. Soroka, City M~n.i September 30, 2003 Services Director Resolution Awarding Contract for Property and Liability Insurance October Agenda Item Recommendation It is recommended that the City Commission adopt the attached resolution which awards a contract for property and liability insurance. Back.qround Since the City's incorporation in November 1995, the City has been insured for property and casualty insurance through the Florida Municipal Insurance Trust (FMIT). The Florida Municipal Insurance Trust is a pooled insurance program sponsored by the Florida League of Cities. In 2001, the City went through a formal bid process and awarded the contract to Florida Municipal Insurance Trust. Each year, city staff reviewed the coverages for adequacy, evaluated FMIT's performance and other options available to the City. Since premium costs had escalated significantly over the past years (primarily due to increased exposures), we requested renewal quotes be provided at the earliest possible date for the 2003/04 policy year. The renewal quote was received on August 26, 2003. The quote included a significantly greater than expected increase in cost of all coverages. We, therefore, decided to explore the alternatives through the issuance of a formal Request for Sealed Bids covering the entire spectrum of the City's insurance needs. The City used IASC Public Entity Risk Management Consulting (IASC) to draft an RFP for insurance to cover these exposures. IASC specializes in local government insurance procurement, safety training and exposure control and has been used as a consultant for the past year. Due to the late receipt of the renewal quotes, the bid times had to be significantly compressed and a final award by the City Commission after the effective date of the coverage. The Request for Sealed Bids was advertised in the Miami Herald on September 5th. Bid documents were mailed to those firms who write the various desired coverages on September 8th. Sealed bids were opened on September 23rd at the Government Center. We received bids from the only two firms who offer a complete program for the City's exposures. The premium summary for FMIT and Risk Management Associates (RMA) is included as attachment I. Page (2) Resolution Property & Liability Insurance In summary, the proposal from FMIT and RMA were both for a total package covering all exposures. The FMIT program was considered superior as far as coverages and deductibles. FMIT also offered lower premiums than the RMA program. Based on premium and coverage comparisons, Mr. Regan recommended that we continue coverage with FMIT. I concur with his recommendation. Although the end result of the bid process was to continue coverage with the Florida Municipal Insurance Trust, I believe the process was very beneficial to the City. We obtained some concessions via premium discounts by going through the bid process. The net difference in premiums between the renewal quotes received prior to the bid process and those resulting from the bid is approximately $90,000. The total cost of the bid award is approximately the amount anticipated when we prepared the 2003/04 budget. However, the amount for General Insurance included in the non- operating department budget in account number 4501 is insufficient and the amount for workers compensation included in each individual department is greater than will be needed. Therefore, toward the end of the 2003/04 fiscal year, we may need to amend the budget to reduce the operating department's workers compensation accounts and increase the non- departmental general insurance account. Based on the foregoing, I recommend approval of the resolution. HMK/mn Attachment I Proper~y, Liability and Workers Compensation insurance RFP #03-9-23-4 Tabulation Sheet VENDOR PACKAGE WC TOTAL Risk Management $694,000.00 $470,577.0G $1,164,577.0(~ Associates FIodda Municipal $675,333.00 $382,2_27.0C $1,057,5§0.0C insurance Trust RESOLUTION NO. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AWARDING A CONTRACT FOR THE CITY'S PROPERTY AND LIABILITY INSURANCE TO THE FLORIDA MUNICIPAL INSURANCE TRUST; AUTHORIZING THE CITY MANAGER, ON BEHALF OF SAID CITY, TO EXECUTE ASSOCIATED CONTRACTS; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Aventura raquiras insurance coverages for comprehensive general liability, public officials errors and omissions, police professional liability, automobile liability and physical damage, property, workers compensation and other insurable risks; and WHEREAS, the City has properly solicited and received requests for sealed bids for the above insurance coverages for the policy year of October 1, 2003 to September 30, 2004; and WHEREAS, the City's Consultant (Kevin Regan, IASC Public Entity Risk Management Consulting) has reviewed the various proposals and, along with City staff, recommends award of contract to Florida Municipal Insurance Trust; and WHEREAS, the City Commission, upon the recommendation of City staff, desires to award contract to Florida Municipal Insurance Trust. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1: The contract for property and liability insurance be awarded to Florida Municipal Insurance Trust in accordance with the Request for Proposals submitted by said company. 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, specifications, proposal and requirements for property and liability insurance. Section 3: The City Manager is hereby authorized and requested to take all necessary and expedient action to carry out the aims of this Resolution. Section 4: This Resolution shall become effective immediately upon its adoption. The foregoing resolution was offered by Commissioner adoption. The motion was seconded by Commissioner vote, the vote was as follows: who moved its and upon being put to a Commissioner Zev Auerbach Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Bob Diamond Commissioner Manny Grossman Commissioner Harry Holzberg Mayor Jeffrey M. Perlow Resolution No. 2003-_ Page 3 PASSED AND ADOPTED this 7th day of October, 2003. A'I-i'EST: JEFFREY M. PERLOW, MAYOR TERESA M. SOROKA, CMC, CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY A'I-rORNEY TO: FROM: DATE: SUBJECT: CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM City Commission C~( Eric M Soroka, ICMA-CM, October 1,2003 Federal Demonstration Funds FI Qualification Agreement .ocal Agency Certification October 7, 2003 City Commission Meeting Agenda Item RECOMMENDATION It is recommended that the City Commission adopt the attached Resolution authorizing the City Manager to execute the Local Agency Certification Qualification Agreement with the Florida Department of Transportation (FDOT). BACKGROUND Recently, FDOT notified the City, that funds are available for bike path projects. Approximately, $246,000 is available in demonstration project funding. To allow the City to be eligible for Federal Demonstration Funds, the Florida Department of Transportation requires execution of the attached Local Agency Certification Qualification Agreement (LAP Agreement). We contacted FDOT to determine if the funds could be utilized to complete improvements for lighting and safety of the bike path adjacent to the Lehman Causeway service road. They indicated that these improvements could be eligible for funding. The design and type of improvements would require final FDOT approval. Therefore, I feel it is prudent to submit the request. If you have any questions, please feel free to contact me. EMS/aca Attachment CC01246-03 JEB BUSH GOVERNOR Florida Department of Transportation OFFICE OF PLANNING AND PUBLIC TRANSPORTATION. DISTRICT SIX 602 SOUTH MIAMI AVENUE, MIAMI, FLORIDA 33130 PHONE: (305) 377~5900 (SC) 452-5900 FAX: (305} 377-5684 (SC) 452-5684 JOSEABREU SECRETARY August21,2003 Mr. Eric M. Soroka, City Manager City o f Aventura 19200 West Country Club Drive Aventura, Florida 33180 Subject: Availabilty of Federal Demonstration Funds (DEMO) for Aventura Projects Dear Mr. Soroka: On November 9, 2001 we notified you that the City of Aventura had the opportunity to use DEMO funds to complete another bikepath project or set of projects similar to the bikepath projects that has been recently completed in the City. A total of approximately~246,000.00 of Federal DEMO funds remains available for use by the City of Aventura. Because the funds remain at the discretion of the United States Congress and can be rescinded anytime, it is critical for us to hear from you on this issue. Unless we get a response on the use of these Federal Demonstration funds by September 15, 2003, we will assume that the City of Aventura has declined to utilize these funds and the funds will be returned to Washington, D.C. Please contact Ms. Suzie Ladouceur at (305) 377-5894 if you would iik/~o discuss further. ~.~ _ nc, , Dista - ' ' g and Public Transportation GLD/msl cc: Linda Glass-Johnson Rafael DeArazoza www.dot.state.fl.us ~ ~ECYCL~O Pt~pER AGENCY STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY CERTIFICATION QUALIFICATION AGREEMENT CITY OF AVKtrruFA 525-010-33 CONSTRUCTION The noted agency hereby agrees to comply with the following requirements when developing all projects on the Federal Aid Highway Systems: The Local Agency Program Manual and all policies and guidelines promulgated by the State of Florida Department of Transportation (FDOT) which accomplish the policies and objectives set forth in Title 23, U.S. Code, Highways and the Regulations issued pursuant thereto. The overall approval authorities and conditions will be as follows: a. The designs will be reviewed and approved by the following State of Florida registered Professional Engineer. DIRECTOR OF ENGINEEKING Position TiUe Only b. The hearing's findings (if required) will be reviewed and approved by the following official or officials. Position Title or TiUes Only The contrac~ plans, specifications and estimate of cost will be reviewed and approved by the following State of Florida registered Professional Engineer. DIEECTOR OF ENGINEEKING Position Title or Titles Only Agreements will be signed by the following responsible local official: CITY I4ANAGEE (1) Railroad Position Title Only CITY MANAGER (2) Utility Position Title Only CITY MANAGER (3) Consultant Position Title Only CITY MANAGER (4) Technical Services Position Title Only The award of contract will be signed by the following responsible official. CITY MANAGE~ Position Title or Titles Only If there are DBE requirements on a project, the following will be the DBE liaison officer: Position Title CONSTRUCTION All projects will be designed and constructed in conformance with the requirements of the LocalAgency Program Manual. The Contract Administration will be supervised by the following State of FIodda registered Professional Engineer. DIRECTOR OF ENGINEERING Position Title Only Construction Administration and Matedal Sampling and Testing will be accomplished in accordance with the requirements of the Local Agency Program Manual. The agency agrees that they have the means to provide adequate expertise and will have support staff available to perform the functions being subdelegated. The support staff may include consultant or state services. The agency agrees to submit the names of the approving aUthorities noted in Section 2 above with each project prospectus. All projects under Local Agency Certification shall be available for review by the FHWA and the State at any time, and all project documents shall be retained and available for inspection dudng the plan development and construction stages and for a three-year pedod following acceptance of the project by FHWA. The FDOT District Local Agency Program Administrator's approval of the Local Agency Certification may be · rescinded at any time upon request by the local agency or if in the FDOT Distdct Local Agency Program Administrator's opinion it is necessary to do so. The rescission may be applied to all or part of the programs or projects approved in the Local Agency Certification. Mayor or Chairman Date STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION The Local Agency is certified in the following functional areas: [] Plannir~ [] Design [] Consultant Selection [] Bid and Award Project [] Right of Way ] Environmental Documentation [] Construction Administration Approved By: District Secretary or Designee Date RESOLUTION NO. 2003-._ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED LOCAL AGENCY CERTIFICATION QUALIFICATION AGREEMENT BE'FWEEN THE CITY OF AVENTURA AND THE FLORIDA DEPARTMENT OF TRANSPORTATION; ALLOWING THE CITY TO QUALIFY FOR FEDERAL DEMONSTRATION FUNDS THROUGH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR REIMBURSEMENT ON APPLICABLE CITY IMPROVEMENT PROJECTS; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The City Manager ks hereby authorized to execute the attached Local Agency Certification Qualification Agreement by and between the City of Aventura and the Florida Department of Transportation allowing the City of Aventura to be eligible for Federal Demonstration Funds through the Florida Department of Transportation. Section 2. The City Manager is hereby authorized to do all things necessary to carry out the aims of this Resolution. Section 3. This Resolution shall become effective immediately upon its adoption. The foregoing resolution was offered by Commissioner , who moved its adoption. The motion was seconded by Commissioner and upon being put to a vote; the vote was as follows: Commissioner Zev Auerbach Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Bob Diamond Commissioner Harry Holzberg Commissioner Manny Grossman Mayor Jeffrey M. Perlow Resolution No. Page 2 PASSED AND ADOPTED this 7TM day of October, 2003. JEFFREY M. PERLOW, MAYOR ATTEST: TERESA M. SOROKA, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY CITY OF AVENTURA. TO: FROM: BY: DATE: SUBJECT: COMMUNITY SERVICES DEPARTMENT MEMORANDUM City Commission/ ~s Eric M. Soroka, City~l~ Antonio F. Tomei, (Teap Manager October 1,2003 Bid No 03-09-23-2, Play Area/Pet Park Improvements October 7, 2003 City Commission Meeting Agenda Item Recommendation It is recommended that the City Commission adopt the attached Resolution awarding Bid No. 03-09-23-2, Play Area/Pet Park Improvements to the lowest responsible and responsive bidder, Miami Skyline Construction for the price of $458,040.33. This project is included in the Capital Improvements Program. Back.qround In accordance with the City's Purchasing Ordinance, bids for this project were solicited, advertised, and opened on September 30, 2003. The City received four (4) bids for this project. The bids submitted are as follows: Miami Skyline Construction Zurqui Construction Service Fortex Construction Central Florida Equipment $458,040.33 $511,455.53 $569,960.00 $650,685.01 This bid price allows for the construction of a Park incorporating a play area and pet area together with park lighting, landscaping, parking, drainage and water service. In addition, drainage and street lighting improvements will be made on NE 31~t Avenue. The recommended bid amount is within budget. The total budget for the project is $685,000. The bid award ($458,040) and the installation of the playground and site amenities ($175,000) would result in a total project cost of $6:33,040. DIVISION SITE WORK DRAINAGE WATER PARKING LOT PROJECT: AVENTURA PLAY AREA DESCRIPTION ITEM i i QTITY I UNIT PRICEI TOTAL I General Conditions LS 1 $36,760.53 $ 36,760.53 Mobilization LS 1 $ 3,070.20 $ 3,070~20 Clearing and Grubbing LS 1 $ 3,070.20 $ 3,070.20 Eartwork, including Berm LS 1 $ 4,605.30 $ 4,605.30 SUBTOTAL 01 ~ $ 47,506~23 C-4 Catch Basin EA 2 $ 2,558.50 $ 5,117.00 D Catch Basin EA 5 $ 2,558.50 $ 12,792.50 4' x 4' Catch Basin EA I $ 2,555.50 $ 2,558.50 8" Nyloplast inline Drain EA I $ 767.55 $ 767.55 8" HDPE LF 107 $ 30.70 $ 3,285.11 15"HDPE LF 276 $ 46.05 $ 12,710.63 15" RCP LF 97 $ 46.05 $ 4,467.14 15" HDPE with E. xfilt ration Trench LF 210 $ 76.78 $ 15,118.55 15" RCP with Exfl[tration Trench LF 100 $ 68.57 $ 6,858.78 Baffles EA 3 $ 102.34 $ 307.02 Core & Tie to exist Cath Basin EA 1 $ 1,535.10 $ 1,535.10 Remove existing and lnstall new Valley Gutter Frame EA I $ 1,023.40 $ 1,023.40 SUBTOTAL 02 I $ 67,539.28 I "Polyethylene LF 430 $ 7.16 $ 3,080.43 2" Polyethylene LF 20 $ 15.35 $ 30702 2"Water Meter EA 1 $ 3,07020 $ 3,07020 2" Backtlow Preventor EA 1 $ 1,535.10 $ 1,535.10 l"WaterMeterw/BFP EA 1 $ 1,535.10 $ 1,535.10 12" x 2" Saddle Tap w/valve F_A I $ 2,555.50 $ 2,558 50 Connection to existing 12 "WM EA 1 $ 1,535.10 $ 1,535.10 1 "Fittings EA 2 $ 307.02 $ 614.04 2" Fittings EA I $ 307.02 $ 307.02 2"x 1" Reducer EA I $ 307.02 $ 307.02 Sampling Point EA 2 $ 1,023.40 $ 2,046.80 4" PVC ( Schedule 80 ) with fittings LF 105 $ 25.59 $ 2,686.43 SUBTOTAL 03 I $ 19,582.76 Stop Sign EA 1 $ 18421 $ 184.21 Handicap Sign EA 2 $ 20468 $ 409.36 Pavement Markings LF 600 $ 0.77 $ 460.53 Armor-Tile Ramp Surface EA 4 $ 127.93 $ 511.70 Type B Curb LF 30 $ 10.23 $ 307.02 Type F Curb and Gutter LF 46 $ 15.35 $ 706.15 TypeDCurb LF 462 $ 1023 $ 4,728.11 Concrete Wheel St(33 EA 2 $ 30.70 $ 61.40 Valley Guffer LF 57 $ 1023 $ 583.34 1 1/2" Asphalt Pavement SY 1283 $ 7.16 $ 9,19116 8" Limerock Base SY 1333 $ 8.19 $ 10,913.54 12 +' Subgrade SY 1969 $ 2.56 $ 5,037.69 Pavement Restoration ( Water Service Connection ) SY 46 $ 3070 $ 1,412.29 SUBTOTAL 04 [ $ 34,506.49 SIDEWALKS AND CONCRETE SLABS 5" Concrete Sidewalk 4" Concrete Slab under Rubber Surface 6" Concrete Slab SF 5275 $ 281 $ 14,845.70 SF 4500 $ 307 $ 13,815.90 SF 1315 $ 3.58 $ 4,710.20 SUBTOTAL 05 33,37t.79 ] ELECTRICAL New Se~ice Point F~'nish and Install Complete in Place EA 1 "PVC Schedule 40 $oeduit Furnish and Install Complete in Place LF 2" PVC Schedule 40 C~nduit Furnish and Install Complete in Ptace LF # 8 Conductors Furnishand install Complete in Place LF # 10 Conductors Furniskand Install complete in Place LF I $ 17,806.14 $ 17,806.14 50 $ 221 $ 110.53 1150 $ 2,97 $ 3,413.04 2700 $ 085 $ 2,307.26 1200 $ 0.46 $ 54895 PROJECT:AVENTURAPLAYAREA DESCRIPTION ITEM # 1 Conductors Furnish and Install Complete in Place Install Single Street Light Luminaire and Pole SUBTOTAL 08 PLANT LIST Alpinia Zerumber Variegata Annuals Casia Surrantensis Viburnum suspensum Coccoloba Olversifolia Cocos Nuclfera Malayan Green Ficus Green island Ixora Nora Grant Philodendron Xanadu Swietenia Mahogani Tabebuia Heterophyga Wodetia Bifurcata Zamia Furfuracea Sod and Top Soil Irrigation System SUBTOTAL 07 SITE FURNISHING Drinking Fountain with Chiller Pet Comfort Station Pet Waste Station Dog Park Sign 32 ' Sliding Gate. Aluminum 15 ' Wide Double Swing Gate Aluminum 6 ' Swing Gate Aluminum 6" Aluminum Fencing 8 ' Aluminum Fencing with Footer SUBTOTAL 08 OFF SITE IMPROVEMENTS Pavement Restoration Televise 18" Drainage Pipe 2 ~* PVC Schedule 40 Conduit Furnish and Install Complete in Place Directional bored Conduits under existing Roadways and Sidewalks Pull Sox Furnish and install Complete in Place # 4 Conductors Furnish and Install complete in Place Install Single Street Light Luminaire and Pole Install Single Street Light Lumimaire and Pole with Banner Arm SUBTOTAL 0g ALTERNATE BiD TOTAL BASE BID 42" High Aluminum Fence 15 ' Double Swing Gate Aluminum { 42" High ) 18 ' Piber Line SUBTOTAl. ALTERNATE BID J QTITY J UNIT PRICE J TOTAL J 200 $ 4 14 $ 828.95 7 $ 1,254.92 $ 8,854.46 33,869.32 EA 12 $ 28.66 $ 343.86 EA 524 $ 0.92 $ 482.64 EA 9 $ 199.56 $ 1,796.07 EA 486 $ 6.40 $ 3,108.58 EA 1 $ 230.27 $ 230.27 EA 4 $ 555.19 $ 2,220.78 EA 312 $ 7.16 $ 2,235.11 EA 87 $ 5.37 $ 467.44 EA 214 $ 6.40 $ 1,368.80 EA 26 $ 214.91 $ 5,587.76 EA 3 $ 199.56 $ 598.69 EA 4 $ 35307 $ 1,412.29 EA 22 $ 28.66 $ 630.41 SF 52340 $ 0.20 $ 10,712.95 LS 1 $ 20,416.83 $ 20,416.83 [ $ 51,812.47 J EA 1 $ 3,070.20 $ 3,07020 EA 2 $ 1,22808 $ 2,45616 EA 2 $ 255.85 $ 511.70 EA I $ 18421 $ 184.21 EA 1 $ 1,228.08 $ 1,228.08 EA 1 $ 614.04 $ 614.04 EA 1 $ 255.85 $ 255.85 LF 1200 $ 41.15 $ 49,385 08 LF 266 $ 6642 $ 17,666.69 I $ 75,372.01 SY 249 $ 3070 $ 7,644 80 LF 185 $ 830 $ 1,535~10 LF 100 $ 2.97 $ 296.79 LF 1700 $ 2376 $ 40,397.69 EA 2 $ 30907 $ 618.13 LF 5700 $ 117 $ 6,667 55 EA 10 $ 1,264.92 $ 12,649.22 EA 4 $ 1,264.92 $ 5,059.69 I $ 74,888.981 LF EA LF I $ 438,229.33 I 136 $ 3850 $ 5,236.00 I $ 825.00 $ 825.00 185 $ 74.32 $ 13,750.00 TOTAL BASE BID + ALTERNATE I $ 458,040.33 RESOLUTION NO. 2003- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT FOR BID NO. 03-09-23-2, PLAY AREA/PET PARK IMPROVEMENTS, TO MIAMI SKYLINE CONSTRUCTION AT THE BID PRICE OF $458,040.33 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. 03-09-23-2, Miami Skyline Construction; 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 projectJwork as cited above; and WHEREAS, staff has determined that Miami Skyline Construction, 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. 03-09-23-2, Play Area/Pet Park Improvements, is hereby awarded to Miami Skyline Construction in the amount of $458,040.33. Resolution No. 2003- Page 2 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 General Fund Capital Outlay Budget Line Item 001-8050-572-6231, 001-8056-541-6307 ($35,000) and Transportation and Street Maintenance Fund 120-8050-541-6307 ($50,000). Section 5: This Resolution shall be effective immediately upon its adoption. who The foregoing resolution was offered by Commissioner moved its adoption. The motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Zev Commissioner Commissioner Commissioner Commissioner Commissioner Auerbach Jay R. Beskin Ken Cohen Bob Diamond Harry Holzberg Manny Grossman Mayor Jeffrey M. Perlow Resolution No. 2003- Page 3 PASSED AND ADOPTED this 7th day of October, 2003. ATTEST: JEFFREY M. PERLOW, MAYOR TERESA M. SOROKA, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY CITY OF AVENTURA TO: FROM: BY: DATE: SUBJECT: COMMUNITY SERVICES DEPARTMENT MEMORANDUM City Commission ~ ~ Eric M' S°r°ka' ICMA-CM' Ci~)01fger ~ ~ Robert M. Sherman, Director &f ~,,~munit~Service ~'b~,~__~ / October 2, 2003 '"'------J _J~ Bid No, 03-9-23-2, Biscayne Boulevard Landscape Maintenance October 7, 2003 City Commission Meeting Agenda Item Recommendation: The City Commission adopt the attached Resolution awarding Bid No. 03-9-23-2, Biscayne Boulevard Landscape Maintenance, to the lowest responsible and responsive bidder, Luke's Landscaping, Inc. for the price of $447,418.00, in accordance with the City's Landscape Amhitect's recommendation. Background: In accordance with the City's Pumhasing Ordinance, bids for this project were solicited, advertised and opened on September 23, 2003. All contract specifications were reviewed by the Finance Support Services Director, City Attorney and Landscape Amhitect prior to advertising for bids. Seventeen firms either downloaded the specifications through "Demand Star" on the internet or picked up plans from the City. A mandatory pre-bid meeting was held on September 10, 2003 and eight firms were in attendance: Superior Landscape Luke's Landscaping Sunrise Maintenance ~lan Landscaping Country Bills Lawn Maintenance Tip Top Landscaping Everglades Environmental Tropics North Landscaping This bid was offered for a three year term, with the City retaining the sole option to renew the bid for one additional three year term. This bid specified not only the maintenance practices of landscaped areas, as well as all street furniture located in the City Commission October 2, 2003 Page Two Biscayne Boulevard median and the associated right-of-ways, but also included specific requirements regarding the maintenance and repair of the existing sub-surface irrigation system, as well as specialized maintenance practices associated with Royal Palm and Date Palm trees. The bid also specified pricing for planting flowers twice per year (approximately 33,334) and approximately 5,000 cubic yards of mulch installed in place. The bid specifications also require the bidder to provide the City with 24 hour services ranging from clearing roadways to providing clean-up and recovery services for major emergencies, such as hurricanes, storms and flooding. The successful bidder was also required to own certain equipment necessary to maintain the medians and right-of-ways to the Florida Department of Transportation standards, and to establish a storage compound within sixty days of the bid award inside a five mile radius from the Aventura Government Center. The base bid included the following maintenance functions: General Maintenance as Specified Merit Soil Drench for Royal Palms Date Palm Maintenance Seasonal Flowers Cygon Foliar Spray for Royal Palms Mulch Installed in Place The bid results are as follows: Country Bill's Lawn Maintenance, Inc. Luke's Landscaping, Inc. Superior Landscaping I~lan Lawn Service $ 439,855.40 447,418.00 548,036.00 676,034.00 Based on the recommendation of the City's Landscape Architect, I recommend Luke's Landscaping, Inc. be awarded Bid No. 03-9-23-2 at a total cost of $447,418.00 per year. RMS/gf Attachments RMS03062 RESOLUTION NO. 2003 - A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT FOR BID NO. 03-9-23-2, BISCAYNE BOULEVARD LANDSCAPE MAINTENANCE, TO LUKE'S LANDSCAPING, INC., AT THE BID PRICE OF $447,418; 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. 03-9-23-2, BISCAYNE BOULEVARD LANDSCAPE MAINTENANCE; 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 Luke's Landscaping, 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. 03-9-23-2 BISCAYNE BOULEVARD LANDSCAPE MAINTENANCE, is hereby awarded to Luke's Landscaping, Inc., in the Resolution No. Page 2 amount of $447,418. 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 the General Fund Line Item No. 001-5001-539-3450. Section 5: This Resolution shall be effective immediately upon its adoption. who The foregoing resolution was offered by Commissioner , moved its adoption. The motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Bob Diamond Commissioner Harry Holzberg Commissioner Manny Grossman Mayor Jeffrey M. Perlow Resolution No. Page 3 PASSED AND ADOPTED this 7th day of October, 2003. JEFFREY M. PERLOW, MAYOR ATTEST: TERESA M. SOROKA, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY O LEARY DESIGN ASSOCIATES P.A. LANDSCAPE ARCHITECTURE LAND PLANNING URBAN DF. SIGN GRAPHIC DESIGN October 2, 2003 Mr. Robert M Sbennan Director of Community Services Department City o£Aventura 2999 N. E. 191" Street Suite #500 Aventura, Florida 331 $0 Biscayne Boulevard Landscape Maintenance Bid No. 03-9-23-2 Aventura, Florida Pursuant to your div~etive~ I have reviewed the two low bids, for the above referenc~ project. In addition, I have conducted a bidder quali~cation evaluation, including an on-site inspection of facilities and ~luipment for th~ two firma. My findings are based on th~ d~nail~d r~quirements defined m tho Bid Specificatiom, ~d ~re as follows: I) Country Bill's Lawn Maimenanc~ ^) B) C) D) Required equipment - acceptable Required s~orage area - acceptable Professional memb~l~s - acceptable l) Limited evidence of enpm4ence in the typ~ of'a~ grade' sub-surface irrigation located on this proje,'t. a) The only evidence presmted was one project with the City of Miami Beach encompassing 16,000 sq.fl. This project has been maintained by this firm since 1995. 2) A lack of expedence in the mainlmmace of Date palms. Roference Verification I) Represeatative of City of North Miami Parks Department OAK PLAZA PROFESSIONAL CENTER 8525 S.W. 92N0 STREET, SUITE CI 1 MIAMI, FLORIDA 33156 (305] 596-6096 ~MSERS OF THE AMERICAN SOCIETY OF LANOSCAP~ ARCHITECTS Oct OE 03 03:28p p.3 Mr. Robert M. Shern~n October 2, 2003 Page two Biscayne Boulevard Landscape Maintenance Bid No. 03-9-23-2 Aventura, Florida 2) 3) a) City has dealt with this firm for (16) years and would rate them an 8 on the scale of I to 10. b) They have a limited scope and are responsible primarily for mowing, edging, trimming, and litter pick-up c) City not sure that they would be capable of doing a major horticultural project. They are not considered horticul- d) When the City requires a highly trained eye for specific work, the City rapresentative has to do the work himsel£ e) They can learn quickly but do not seem to have the educational foundation. f) The City of North Miami does their detailed maintenance in-house. g) Al~er reviewing the technical specifications of this project, the City representative indicated that our requirements are far ~bove and beyond what they require. At~er discussing my concerns, he went on to confirm that I have legitimate reasons ['or heing concerned. City Forester/City of North ~ Be~ch a) The nmintenance needs for the City of North Miami Beach · re not very elaborate and Country Bill's is only re~punsible for mowing lawns and for hedge trimming. The City has continually cut their maintenance budget. b) Country Bill's is respo~,4ve to their requests. They are eager, and go getters. c) After describing our maintenance requirements, this individual commented Country Bill's does not appear to have technical expertise in-house. He went on to s~y that he does not think that they could pretend to do all that work. City of North Miami Parks Oper&tion Department a) Country Bill's has been very responsive and the City has had few problems with him. b) The City generally has to find the problems and we let him know about it. You have to supervise his men. Oct O~ 03 03:~9p P-4 Ivh-. Robert M. Sherman October 2, 2003 Page three Biscayne Boulevard Landscape Maintenance Bid No. 03-9-23-2 Aventura, Florida F) e) Counu-y Bill's does not do much detailed work for us, and he is not sure they can handle Aventura's required maintenance. 4) City of Miami Beach Parking Department a) This firm does all of the irrigation repair and installation the department. In addition, they have also landscaped several of their parking facilities and have be~n pro-active. h) Majority of the irrigation projects being maintained are conventional, above ground systems. They did, however, install a 'drip' sub-surface system, in elevated planters, at the 7* Street Parking Garage. c) The only evidence of maintenance of the type of sub-surface in'igafion on this project is discussed on the first page. Staffing - Country Bill's has a staffof(26) employees while doing work for three other cities. While this staffing may he adequate for normal maime- nance work, it may well not provide the required assistance and clean-up during emergency conditions. I1) Luke's Landscaping A) Required equipment - acceptable B) Required storage area - acceptable C) Professional nmmberships - acceptable D) Experience 1) This firm has been responsible for all of the horticultural and ~igalion maintenance for the City of Aventura, since the City's reception. This includes successfully following the criteria defined in the technical specifications 2) The City's Landscape Architect (the undersigned) has worked closely with this finn and has found them knowledgeable, responsible, and responsive. E) Reference Verification - The references are the City of Aventura Community Services Department. F) Sta~ng - uke s Landscaping has a start'of approximately (300) employees. Mr. Robert M. Sherman October 2, 2003 Page four Re: Biscayne Boulevard Landscape Maintenance Bid No. 03-9-23-2 Aventura, Florida Within the geographical area of this project, the City of Aventura has an investment ofapproxi~ mately Four Million Dollars worth of landscaping and irrigation~ This includes (130) Date palms, (73,000) shrubs, and one and a half miles of sub-~rface inigation. Each Date palm alone is valued at $6,000.00. As defined in Se~ion 7. l. I of tin Bid Specifications, Evaluation of Bids: the City, at its sole discretion, reserves the fight to iaspe~t any/all BIDDER's facilities to determine their ~pability of meeting the requirements for the Contrss:t. Also, pri~e, responsibility, and responsiveness of the BIDDER, the financial position, experience, staffing, equipment, materials, references, and past history of service to the City and/or with other units of state, and/or local governments in Florida, or comparable private entities, will be taken into consideration in the Award of the Contract. Knowing A ' ' ventura s maintenance needs and based on the foregoing, I have serious reservations about awarding this project to Country Bill's Lawn Maintenance, the low bidder. I am not convinced that this finn is capable of meeting the criteria defined in this project's specifications. Therefore, in the best interest oftbe City of Aventura, it is my professional opinion that this corC~ra~t be awarded to the second lowest bidder, Luke's Landscaping, Inc. Please let me know if you require any addifonal information, truly yours, O'LEARY DESIGN ASSOCIATES, PA WILLIAM A. O'LEARY, FASLA WAO/cas Bid No. 0~9-23-2 Country Bill's Lukes Superio~ Elan Tropics No~th Summary ~ Maintenance Landscaping Landscaping Lawn Sen/ica Landscaping Item 1 Annual Cost Annual Cost Annual Cost Annual Cost Annual Cost Landscape Maintenance $236,650.00 $235,216.00 $267,040.00 $198,000.00 $360~000.00 Item 2 ($1.10 x33,334) ($1.20 x 33,33,~ ($1.50 x 33,334) ($1.50 x 33,3..*.*.*~ ($1.45 x 33,334 Seasonal Color Re~acement $36,667.40 $40,000.0( $50,001.00 $50,001.00 $48,334.00 Item3 ($20 x 226) ($10 x Z26] ($30 x 22~ ($100x2~6 ($75x 226) Soil Drench for Royal Palms $4,520.00 $2,260.0(: $6,780.00 $22,600.00 $16~950.00 Item4 ($18.00 x 226) ($7.00 x 22( ($25.00 x 226 ($25.00 x 226 ($30.00 x 226 Cygio~ Foliar Spray $4,068.00 $1,582.0(: $5~650.00 $5,650.00 $6~780.00 Item5 ($50 x 153x 3) ($40 x 153 x." ($35x 153x3 ($240 x 153x 3) ($50x 153x3 Date Palm Maintenance $22,950.00 $18,360.0( $16,065.00 $110,160.00 Item6 ($2,700 x 50) ($3,000 x 50) ($4,050 x 50 ($4,000x 50) ($3,200 x 5~ Mulch (approx. 5,000cu. Yards) $135,000.00 $150,000.00 $202,500.00 $200,000.00 $160,000.00 BASEBID $439,855.40 S447,418.00 $648,038.0~ $686,411.00 $615,014.00 Note 1: Tropics North's Base Bid was $360,000. Upon analysis, the bidder did not add Items 2 ~ in their Beae B d t~al. n addition this bidder had arithmetical errom. BID TABULATION BISCAYNE BLVD. LANDSCAPE MAINTENANCE BID NO. 03-9-23-2-2 ElD OPENING AT 2:00 PM ON AUGUST ;;, 2003 Country Bills Lawn Main[. Tota~ Base Bid 439,855.40 Addendum 1 Proper Bid Schedule Subs Listed Bidder Acknowledged Bond of VaLues Qual, Stmt, nJa Yes Yes Yes Yes Project Manual Public 4 Copies of Certificate of Certificate of ~nc~uded Entity Cdme Bid Insurance Competencies Affidavit Yes Yes Yes Yes Yes Luke's Landscaping Total Base Bid 447,418.09 Addendum 1 Proper Bid Schedule Bidder Acknowledged Bond of Values Subs Listed Qual. Strut. n/a Yes Yes Yes Yes Project Manual Public 4 Copies of Certificate of Certificate of Included Entity Cdme Bid insurance Competencies Affidavit Yes Yes Yes Yes Yes Supedor Landscaping Total Base Bid ,548,036.00 Addendum 1 Proper Bid Schedule Subs Listed Bidder Acknowledged Bond of Values QuaL Strut. n/a Yes Yes Yes Yes Project Manual Public 4 Copies of Certificate of Certificate of Included Entity Crime Bid Insurance Competencles Affidavit Yes Yes Yes Yes Yes Elan Lawn & Landscaping Total Base Bid 586,4'~ 1.00 Addendum 1 Proper Bid Schedule Subs Listed Bidder Acknowledged Bond of Values Qual. Strut. n/a Yes Yes Yes Yes Project Manual Public 4 Copies of Certificate of Certificate of Included Entity Crime Bid insurance Competencies Affidavit Yes N[~ Yes Yes Yes Tropic North Landscaping Total Base Bid 676,034.00 Addendum I Proper Bid Schedule Subs Listed Bidder Acknowledged Bond of Values Qual. Strut. nta Yes Yes Yes Yes Project Manual Public 4 Copies of Certificate of Certificate of included Entity Cdme Bid insurance Cempetencies Affidavit Yes Yes Yes Yes Yes Biscayne Blvd. Landscape Maintenance Bid #03-9-23-2 Schedule of Values Country Bill Luke's Superior Elan Tropic · Cuts,Apr-Sep 118,325.00 132,216.00 148,520.00 108,000.00 180,000.00 Cuts,Oct-Mar 118,325.00 103,000.00 118,520.00 90,000.00 180,000.00 Add. Cut 0.00 0.00 22,253.33 3,750.00 600.00 Seasonal Color 1.10 1.20 1.50 1.50 1.45 Soil Drench 20.00 10.00 30.00 100.00 75.00 Cygon 18.00 7.00 25.00 25~00 3.00 Phoenix 50.00 40.00 35.00 240.00 150.00 Mulch 2,700.00 3,000.00 4,050.00 4,000.00 3,200.00 Foreman-Reg 27.00 27.50 30.00 75.00 38.0£ Foreman-OT 40.50 41.25 50.00 110.0C 49.0(: Laborer-Reg 17.50 18.0C 25.00 14.0(: 35.0(: Laborer-OT 26.25 27.0(: 45.0(~ 19.0(: 43.7," Loader-Hr. 48.00 50.0£ 50.0(: 85.0(: 65.00' Loader-Day 390.0(: 400.0(: 400.0(: 430.0(: 520.00 Loader-Wk 1,575.0C 1,600.0(: 2,000.0(: 2,000.00i 2,000.00 Loader-Month 4,750.0(: 4,800.0(: 8,000.0(: 7,000.00 10,400~00 Dump Truck-Hr. 34.0(: 35.00 50.0(: 85.00 55.00 Dump Truck-Day 275.0{: 280.00 400.0(: 650.00 440.00 Dump Truck-Wk 1,575.00 1,400.00 2,000.00 3,000.00 2,200.00 Dump Truck-Mth 4,750.00 4,800.00 8,000.00 11,600.00 8,800.00 Water Tank~Day 145.00 150.00 350.00 375.00 120.00 Water Tank-Wk 725.00 750.00 1,750.00 1,500.00 600.00 Water Tank-Mth 2,800.00 3,000.00 7,000.00 5,200.00 2,500.00 ropsoil 34.00 35.00 35.00 40.00 300.00 ILawn Sand 26.00 50.00 35.00 58.00 32.00 3TC inject. 13.00 14.00 25.00 150.00 10.00 irr. Repair-Reg. 35.00 35.00 35.00 60.00 44.25 Irt. Repair-OT. 52.00 50.00 65.00 100.00 55.50 Irr. Laborer-Reg 17.50 18.00 25.00 17.00 35.00 Irr. Laborer-OT 26.25 27.00 45.00 23.00 43.75 Trencher- Hr. 36.00 37.50 45.00 100.00 23.00 Trencher-Day 390.00 300.00 360.00 800.00 184.00 Trenci~er-Wk 1,600.00 1,350.00 1,800.00 4,000.00 920.00 Trencher-Mth 5,200.00 5,400.00 7,200~00 1,600.00 3,680.00 St. Aug. 0.35 0.35 0.43 0.65 0.75 Palette of St Aug 150.00 175.00 225.00 275.00 300.00 Steer Loader-Hr. 3400 35.00 45.00 100.00 23.00 Steer Loader-Day 380.00 280.00 360.00 800.00 184.00 Steer Loader-Wk. 1,100.00 1,400.00 1,800.00 4,000.00 920.00 Steer Loader-Mo. 3,800.00 4,800.00 7,200.00 16,000.00 3,680.00 , Planholders List - DemandStar by Onvia Page 1 of 1 user: Shields, 3eff organization: City of Aventura I Logout I Help by ON~/iA My DemandStar Buyers Account ][nfo Log Bid [View Bids] Log Quote View Quotes Auctions Build Broadcast List Reports Planholders List Supplier Search Reverse Member Name Bid Number Bid Name Number of Documents for this bid City of Aventura BID-03-9-23-2-0-2003/3S Biscayne Boulevard Landscape Maintenance 15 Planholder(s) found. Supplier Name Vila & Son Landscaping Corp. Tropics North lnc Lukes Landscaping Elan Lawn and Landscaping Services DynaServe Industries Phone 305-805- 0066 305-258- 8011 954-378- 2397 954.961.6138 954-476- 7888 Page 2 of 2 first I previous I next Fax 305-909- 0046 305-258- 0809 954-387- 2295 954.961.5052 954-476- 7010 last Doc Count 1 1 1 1 ! Attributes 1. Small Business Actions Documents Documents Documenb Document~ Documents Format for Printing No Search [ << Return Onvia,com, Inc. (c) 1997-2003 DemandStar by Onvia, Inc All dghts reset, ed. 9 0 0 0 http://www.demandstar.com/buyer/bids/Planholder_List asp. _PU= ~2Fbuyer ¼2Fbids Yo2F... 10/2/2003 Planholders List - DemandStar by Onvia Page 1 of 2 user: Shields, Jeff organization: City of Aventura I Logout I Help by ON Y'iA My DemandStar Buyers Account ]:nfo Log Bid [View Bids] Log quote View Quotes Auctions Build Broadcast List Reports Planholders List Supplier Search Reverse Member Name Bid Number Bid Name Number of Documents for this bid City of Aventura BID-03-9-23-2-0-2003/35 Biscayne Boulevard Landscape Maintenance 15 Planholder(s) found. Supplier Name One Source Landscape & Golf Services Inc. Constructionjou rnal.com ABC BARRICADE R H MOORE & ASSOCIATES INC McGraw-Hill div. FW Dodge TIP TOP ENTERPRISES, INC COUNTRY 8ILLS LAWN CARE INC Personally Yours Lawn Service, Inc. Superior Landscaping & Lawn Service, Inc. LANDSCAPE SERVICE PROFESSIONALS INC Page ! of 2 first I previous Phone (813) 886- 0001 (800) 785- 5165 (305) 633- 3883 (800) 330- 2333 (239) 939- 2525 (305) 255- 8198 (305) 891- 5459 (954) 436- 1362 (305) 634- 0717 (954) 340- 3680 Fax (813) 249- 8155 (800) 581- 7204 (305) 633- 5850 (813) 985- 4533 (239) 939- 2331 (305) 255- 4653 (305) 891- 5916 (954) 436- 1362 (305) 634- 0744 (954) 340- 5358 Doc Count 1 1 1 1 ! 1 1 1 Attributes 1. Hispanic Owned 2. Small Business 1. Small Business 2. Woman Owned next I last Actions Documents Documents Oocument~ Document~ Documents Documents Documents Documents Documents Documenl Format for Printing No http ://www.demandstar.com~uyer/bids/Planholder_List.asp?_PU=%2Fbuyer%2Fbids%2F... 10/2/2003 SECTION 00410 BID FORM THIS BID IS SUBMITTED TO: City of Aventura 19200 West Country Club Drive Aventura, Florid9 33180 The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an agreement with The City of Aventura in the form included in the Contract Documents to perform and fia'aish 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. 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 90 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 al~ter the date of City's Notice of Award. In submittlng this Bid, BIDDER represents, as more fully set forth in the Agreement, that: (a) BIDDER has examined copies of all the Bidding Documents and of the following Addenda (receipt of all which is hereby acknowledged.) Addendum No.. Dated: Addendum No. Dated: . Addendum No. Dated: Addendum No. Dated: (b) BiLDDER has familiarized themselves with the nature and extent of the Contract Documents, W'ork, site, locality, and all local conditions and Law and Regulations that in any manner may affect cost, progress, performance, or furnishing of the Work. BlaDDER has studied carefully all reports and drawings of subsurface conditions axtd drawings of pEysical conditions. BIDDER has obtained and carefully studied (or assumes responsibility for obtaining and carefully stttdyin8) all such examinations, investigations, explorations, tests and studies (in a~Mition to or to supplement those referred to in (o) above) which pertain to the subsurface or physicld conditions at the site or otherwise may affect the cost, progress, performance, or furnishing of tile Work at the Contract Price, within the Contract Time and in accordance with the other terms anti conditions of (c) (d) 14 the Contract Documents, and no additional examinations, investigations, explorations, tests, ~oports or similar information or data are or will be required by BIDDER for such purposes. (e) BIDDER has correlated the results of all such observations, examinations, investigations, explorations, tests, reports, and studies with the terms and conditions of the Contract Documents. (f) BIDDER has given Consultant written notice of all conflicts, errors, discrepancies that it has ilsenvered in the Contract Documents and the written resolution thereof by Consultant is acceptable to BIDDER. (g) This Bid is gcuuinc and not made in the interest of or on behalf of any undisclosed person, fh'm or oo~porafion and is not submitted in conformity with any agreement or rules ef any group, association, organization, or corporation; BIDDER hess not directly or indirectly induced or solicited any other BIDDER to submit a false or sham Bid; BIDDER has not sollcil~d or induced any pe~on, finn or corporation to refrain from bidding; and BIDDER has not suugLt by collusion to obtain for itself any advantage over any other BIDDER or over thc City. BIDDER understands and agrees that the Contract Price is lump sum to furnish and deliver all of the Work complete in place. The Schedule of Values is provided for thc purpose of Bid Evaluation and when initiated by the City, the pricing of change orders. Contractor's price will not bo adjusted to reflect any deviation from the Schedule Of Values, except to the extent that the City changes the scope of Project after tho Contract Date. As such the Contractor shall furnish all labor, materials, equipment, tools superintendence, and services necessary to provide a complete Project for the Bid Price of: BASE BID: Your hundred £orty-eeven thousand, four hundred, eighteen & no/100 dollars LUMP SUM (Written Total Base Bid Price - From Schedule Of Values Items I through 6) Conununk ations concerning this Bid shall be addressed to: BIDDER: Lukes' Landscaping, Inc. Address: 3920 Northwest 94th Avenue Hollywood, Florida 33024 Telephone 954-431-1111 Facsimile Number 954-433-1111 Attention: Luke Facarazzo~ Jr. The terms used in this Bid which are defined in the general Conditions of tho Construction Contract included as part of tho Contract documents have the meanings assigned to them in the General Conditions. SUBMITTED THIS DAY September 17,20 03 . 15 SCHEDULE OF VALUES FOR LUMP SUM CONTRACT BASE BID BISCAYNE BOULEVARD/N.E. 203rd STREET BISCAYNE BOULEVARD LANDSCAPE MAINTENANCE BID SPECIFICATIONS ITEM Item Six Month cost Six Month TOTAL Cost per # (City reserves the right to reduce or for Maintenance cost for COST additional add qnantities at its sale discretion) April-Sept. Maintenance Per 12 cuts Oct.-Mar. Months I Biscay~te Blvd. From the Southern $ $ $ $ limits tu the Northern City limits includingN.E. 203~dSt.,theF.E.C. '132,216.00 103,000.00 235,216.00 FREE Right-of-Way, and Biscayne Blvd. Seasonal Color Replacement, 4 ½" Unit Price delivered and in place: includes removal of prior 2 pot, full 16,667 x 2 changes per year. season's flowers and fertilization as per specifications. $ 1.20 x33,334peryear-- $.40r000.00 TOTAL Merit Soil Drench for Royal Palms Per Application 3 (One applicafion per year) $ 10.00 x226RoyalPalms= $ 2,260.00 TOTAL Cygon Foliar Spray for Royal Palms Per Application 4 (One application per year) $ 7.00 x226RoyalPalms= $°1~582.00 TOTAL Phoenix Dactilifera Maintenance Per Application 5 (Three applications per year) $ 40.00 x 153 Date Palms x 3 = $18,360.00 TOTAL Red or Brown Cypress Bar~ Mulch Per 100 cubic yards delivered and installed in place: 6 Grade "A" or better (approximately 5,000 cubic yards per year.) $ 3,000.00. x 50 = $: 150,000.00 TOTAL TOTAL~ BASE Total 0! items 1 thro h 6 BID constitute the BASE BID. $. 647,418.00 TOTAL Additional Schedule of Values One Landscape Foreman Per Hour 8:00 a.m.-4:30p.m., Mon.-Fri. =$27.50 A. Per Hour for all other times =$/41.25 One Landscape Laborer Per Hour 8:00 a.m.-4:30p.m., Mon.-Fri. =$18.00 B. Per Hour for all other times =$ 27.00 One Front-End loader with Backhoe Per Hour = $ 50. O0 C including Operator Per Day = $ /400.00 Per Week = $ 1,600.00 Per Month = $ /4,800. O0 One min. 15,000 GVM Dump Truck Per Hour = $ 35. O0 D With Operator Per Day = $ 280.00 Per Week = $ 1,/400. O0 Per Month = $ 4,800. go Rate for (1) water tank, min. 500 gal. Par Day =$ 150.00 E Capacity, with pump and hose reel Per Week = $ 750.00 Per Month = $ 3 ~ 000.00 Rate for Topsoil (70/30 mix) F delivered mad installed in place Per CY = $ 35. O0 Rate for Lawn Sand delivered and G installed in place Per CY = $ 50. O0 Coconut Palm Per Palm H OTC Injection Per Injection = $ 1/4.00 One Irrigation Repair Specialist Per Hour 8:00 a.m.-4:30p.m., Mon.-Fri. =$ I Per Hour for all other times =$ 50. O0 One Irrigation Laborer Per Hour 8:00 a.m.-4:30p.m., Mon.-Fri. =$ ].8.00 J Per Hour for all other times =$ 27. O0 Rate for self propelled 24"x 6" Per Hour = $ 37.50 K Trencher with Operator Per Day =$ 300,00 Per Week = $ ~., 350.00 Per Month = $ 5,/400. O0 Solid'~t. Augustine Floratam Sod Per L In place for lawn repair as needed Square Foot =$ .35 500 Square Foot Palette of St Per M Augustine Floratam sod delivered Palette = $ 175. O0 and installed per City direction. Rate for self propelled 24"x 6" Per Hour = $ 37.50 O Trencher with Operator Per Day =$ 300.00 Per Week =$ J.,350.00 Per Month = $ 5,/400.00 Rate for skid steer loader with PerHour =$ 35.00 P Operator Per Day =$ 280. O0 PerWeek =$ 1,400.00 Per Month = $ /4. 800. O0 CONTRACT EXTENSIONS: Th~ City of Aventura horeby requests bids for a thr~ ~3'~ year contrsc! for supplie~ and scrvicc~. In addition, the City re~erv~ the right to extend this contraot for one additional three (.'.1) year term, providing both parties agree, that all the terms, conditions and specifications (except for the itemized and unit price~ as contain~t in the Schedule of Valuos, which shall be negotiated in good faith) remain thc ~ame and the extension is approved by the City Manager. BIDDER OFFERING FIRM PRIC~%F. oOR THE INITIAL THREE YEAR CONTRACT PERIOD: YES A A A NO BIDDER '[O INDICATE IF HE WOULD BE WILLING TO EXTEND THIS CONTRACT FOR A SECOND THREEYI~ARTERM: YES XXX NO 18 A CORPORATION By: Lukes' Landscaping, Inc. ~o~orafionName) Florida (S~ofln¢o~omtM~ Luke Facarazzo, Jr. By: "' "~' - .. (lqmue of P~rson Authorized to Sign) _. ~.rle s id e n t (PtesidenO Bus~mseddres~:3920 Northwest 94th Avenue Hollywood, Florida 33024 ph~No954-431-1111 : Fa~ileNo: 954-433-1111 21 CERTIFICATE OF AUTHORITY (IF CORPORATION) STATEOF Florida ) ) SS: COUNTY OFDade/Browa~d IHEREBYCERTIFY ~atamccfingof~cBo~dofDkecWmofthe Lukes~ Landscap±ng~ Inc. on July 7 a corporation existing under the laws of the State of F 1 o r i d a __, 20 0 3 , the following resolution was duly passed and adopte~d: , held "RESOLVED, that, as President of the Corporation, be and is hereby authorized to execute the Bid dated, A u g u s t __, 20. 0 3 , to thc City of Aventura and this corporation and that their execution '~ereof, attested by the Secretary of the Corporation, and with the Corporate Seal affixed, shall be the officinI act and deed of this Corporation." I further certify tha~ said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the corporation, this 30 t,~ay of' July ,20 03. Secretary: (SEAL) 23 SECTION00420 AWARD PREFERENCE FOR IDENTICAL TIE BIDS Wbenwer Iwo or more Bids which are equal with respect to price, quality, and sm'v/co are received by the State or by any political subdivision for the procurement of coramoditie~ or contractual services, a Bid recu. ived from a business that certifius that it has implemented a dmg-fren workphce program shall be given preference in the award process. ET tablishcd proccdure8 for processing tic Bids will be followed if none of the tied vendors ha~,.e a drug-free workplace Inogram. In order to have a drag- fren workplace program, a business shall: 1) Publish a statement notifying employees that the unlawful manufuctere, distribution, dispensing, possession, or use of a controlled substance is prohibited in thc workplace and spocifylag th,~ actions that witl be taken against employees for violations o f such prohibition. 2) Inform employee8 about the dangers of drug abuse in th~ workplace, the buaimus' policy of mllntaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drag abuse violathms. 3) Give each employee engaged in providing the commodities or contractual services that are under Bid a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), notify the employees that, as a couditicn of working on the commodities or contractual services that exe under Bid, tho employee will abide by th,.· terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo con. adore to, any vi¢,lation of chapter 893 or of any controlled substance law of tho United States or any state, ~br a violation oc,:urring in the workplace no Inter than five days aRer such conviction. Impose a saoc~iou on, or require the satisfactory participation in a drug abuse assistance or rd~abilitallon program, if such is available in the employee's community, by coy employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of thi,~ section. As the person authorized ~O~ha sta~-.a)ent, I certify~l~tt this re~ uiremcnts. ~.~//~./ ~ firm complies fally with the above VE~OR'i SIGNA~~~~ A ~ OF 8E~ON 26 SECTION 00432 BID BOND STATE OF FLORID k ) COUNTY O~ MIAI% [-DADE ) KNOW ALL MEN I ¥ TgESE PRESENTS, that we, Luke ' s Landscaoixm. Inc. , as Principal, and INT~TIONAL FIDELITY INSURANCE COlqPAI~IY , as Surety, are held and fmmly bound u ~to the City of Avantm'a, a municipal corporation of the State of Florida in the sum of *Five Percent of Bifl~Donar~ *************~************* [awful money of thc Unked States, for thc payment of which s m well md truly to be made, we bind ourselves, our heirs, executors, admin/strators and su¢cessorsjoi:ntly an, severally, firmly by these presents. TI4E CONDITION ( F IHIS OBLIGATION IS SUCH that whcxea~ the Principal has submitted the accompanying Bid dated, Sept. 23.~2003 for: Biscayne Bouleygl:d Land.~eap~ Bid N,m, her 03-9-23-2 ~rI-IEI~-AS, it was ~ condition precedent to the submission o£ said Bid that a casbier's check or Bid Bond in thc amount o£five pefco ~t (5%) of the Base Bid be submitted with said Bid as a guarantee that the BIDDER would, awarded the Contrac . enter into a written Contract with ~e City for ~e performance of said Conu'azt, within ten (3. 0) eonse~mivo oak tdar days after wr~ter~ notice having been g~ven of the Award of the Contract. NOW, THEtqEi~OPd , the conditions of this obIigation are such that if the Principal within ten (10) consecutive calendar days after x ritten notice of such acceptance, enters ix~to a ,~writte/J, Contract with the City of Aventura and furnishes the ?effort .aace and Payment Bond~, sat/sfactory to the Cit3,, each in aa mount equa/m one hu.ach'ed percent (100%;) of ti' ~ Con~ract Price, and provides all requh'ed Certificates of Insurance, then th~ obligation shall be void; othorwise t e sum h~rein stated shall be due and payable to the City 0£ Aventura. and the Surety hcreit~ agrees to pay said sa :a immediately, upon demmd of the City, in good aad lawfuI money of the United States e£ AmeTiCa, ~ liquidau I damages for failure thereof of said ?rincipal. 28 SECTION 00434 LIST OF PROPOSED SUBCONTRACTORS BIDDER shall list ~dl Proposed Subcontractors to be used on this project if they are awarded thc contract. CLASSIFICATION NAME AND ADDRESS If, prior to Notice of the Award, thc City or the Contractor has reasonable objection to and refuse~ to accept any Supplier, person or organization listed, the BIDDER may, prior to Notice of Award, submit an aeceptable substitute without an increase in their bid price. END OF SECTION 31 SECTION 00450 BIDDER QUALIFICATION S~, ATEMENT The BIDDt~R'a response to this queationmai~o will be utilized as part of the City s overall Bid Bvaluattm~ and The work i~esodbed tn this project ia to oomir within a publio right-of-way. List similar sovemmental or quaal- City of Aventura-19200 Co~unt~.y 1. p::oject Name/Location Aventura, Florida I:on~aci Telephone No. 'fcarly Budget/Cost DateZ of contrect Club Drive 305-466-8930 Five hundred twenty thousaq~__($520,O00.00) Fmm: 10/01/1998 To: 09/30/2003 proj~t Name/Location Owner Name Coniect person Contaot Telephone No. Yearly Budget~Cnst Dates of contract Bal Harbour City of Bal Harbour Alfred Trapeda 305-866-4633 Ninety thousand ($90,000.00) Fmm:_ 01/01/2002To: 12/31/2005 Proj~ot Name/Location Owner Name Contact Pm'~on Contect Telephone No. Y~rly Budgo~t Da~ of Connect Sunny Isles Beach City of Sunny Isles Beach, Florida Christopher Russo 305-497-0606 Two hundred twenty thousand & no/100($220,000.0C From:~To:_ 12/31/?nna 32 SECTION 004~0 BIDDER QUALIFICATION STATEMENT The BIDDER's response to this questionnaire will be utilized a~ part of the City's overall Bid Evaluation and Contractor selection. The work descrlbod in this proj~t is to occur within a public fight-of-way. List similar governmental or quasi- governmental projects for which you have oomplctexi or have on-going services. 1. Project Name/Location Owner Name Contact Person Robert Sherman Contact Telephone No, 3 0 5- 4 6 6 - 8 9 3 0 Yearly Budge~/Cost Date~ of contract Biscayne IV City of Aventura, Florida Avent_~oca Seventy-five thousand & no/_l_00 From: 10/01/2002 To: Oq/3a/?aaq P reject NamdLo~atlon Contact Telephone No. '/'early Budset/Cost Biscayne V & VI City of Aventura, Florida Robert Sherman 305-466-8930 Ninety-three thousand & no/lO0 Fmm: 10/01/2002 ~: 09/30/2003 ($75,000.00) A~Lentura ($93,000.00) Proje~t Name/Location Owner Name Contact Person Contact Telephone No. Yearly Budget/Cost Da~es of Contract Biscayne VII - Ci~y Aventura, Florida Robert Sherman 305-466-8930 Thirteen thousand. From: 10/01/2002 To: three h-ndred, sixty & no/lO0 Oq/30/~O~q ($13,360.00) 32 SECTION 00454 NON-COLLUSIONAIFFIDAVIT State of Florida ) Coun~o/Dad e/Br owar ~ss Luke Facarazzo, Jr. being first duly swom, deposes and says that: (1) l.t~¢rl~.~y i~l~ the President (Ov~aer, Partoc[, O~tiner, l~,epresentalive or Agent) of l~ukes l~anascapinl~ , flY~i~3DER that hss submitted the atlached Bid; (2) HdShefrhey is/are fully informed respecting the prcpi,ratlon and contents of tho attached Bid ~md of all pertinent olrcumstances respecting such Bid; (3) ,~luch Bid is genuine and is not a collusive or sham Bid; (4) Neither thc said BIDDER nor any of its officers, palmers, owners, agents, reprusentativus, employees or parties in interest, including this affiant, have in any way colluded, conspired, connived or agreed, directly or iedir~ctiy, 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; or to refrain from bidding in connection wi~h such Wed:; or have in any mawa er, directly or indirectly, sought by agreement or ~olinsinn, or communication, or conference'with any BIDDER, finn, or person to fix any overhead, profit, or cost elemenls of thc Bid or of any other BIDDER, or to fix any ovcthead, profit, or cost elemenls of the Bid Pr/ce or the Bid Price of any other BIDDER, or to sea,re through any collu,inn, conspiracy, connivance, or unlawful agreement any advantaie against (Recipient), or any person interusted in the proposed Work; (5) ~Che price or pricea quoted in the attached Bid are fair and proper and are not minted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the BIDDER or any other of its agents, repre, sen~ttives, owners, employees or parties in interest, including this affiant. inSigned'the presenceS'ruled andop, delivered By: ,?,intad,,an, ) ACKNO~;~r~EDGME%~ State of Fi.orida County of Broward Onihisth~- 17 day of..~p.J~, 20 03 ,boforeme, tho undersigned Notary Public o f 'l'he State o f Florida, paraonally appeared Luke Facarazzo, Jr. (Namc(a) of individual(s) who appea~ed before notary) whose name(s) i~/are Subscribed to the within instmmont~ ~ttd hd~hdthey acknowledge that hdshdthe.'! executed it. WITNES:] my hand and oflloi~l seal. NOTARY PUBLIC, STATE OF FLO~ ~,.,g~ ~ffs,~ Stevm]. Chrlstemen !. .~. s mL OmCE: (Name of Notary Public: Print, Stamp, o~ Type~'~}~%''' ~'~'~' ~ ~'~ ~ as Commissioned.) I~ PemmtaHy k~own to me, or fig Peraonally identification: F 1 a D L ('I~e of ~dentifioafion Produced) [2DID take an oath, or t3 DID HOT take an oath. OPTIONAL INFORMATION: Type Of Documont: Number of?a$~: Number of Sisnatures Notarized: END OF SECTION 34 This la to certify that (Name and nddres~ of In~ured) I Expiration Type Expiration l~ate(e) Policy Numberi~~ ....................... ' ........ Limits ofUabiti ,t7 X Continuous* 06/01/2004 WA6-15D-276728-113 Coverage afforded under WC law of Employers Liability Extended the following states: Bodily Injury By Accident Policy Term FL $1,000,000 Each Accident Bodily Injury By Dlzcese $1,000,000 Policy Limit Workers Compensation Bodily Injury By Disease $1,000,000 Each Person General Liability ' General Aggregate-Other than Prod/C~mpleted Operations H Products/Completed Operations Aggregate Claims Made Occurrence Bodily Injury and Property Damage Liability Per Retro Date Personal and Advertising Injury Per Person / Other Liability Other Liability Autonmbtie LlabilBy Each Accident - Single Limit ~'B. 1. and P. D. Comhlned Each Person ~ Owned __ Non-Owned Each Accident or Occurrence [ Hired Each Accident or Occurrence C 0 M M Office: Ft. L~uderdale, FI. Phone: 800-542-0055 ff~ ..... -~- -~ C~TY OF AVENTURA 19200 ColJ~try CI~ Dr AuthorlzedRepresentatlve Aventura, FL 33180 Date Issued: 06/02/2003 Prepared By: LP '1 ....... Fy. - , t~JU-O~-/.03 ?HU 0.,3 ;I~X tD, 6'.: 660 4855 J'ImGOUCt~ ] THIS CERTIFICATE IS I$$1J'F.D AS A MATTER OF iNFORMAYION . ~c;~4,~ ~Iortl~,t, In;. ~ HOLDER. THi~ CER~FICA~E DOES NOT AM~, EXTEND OR ~ 1~ ae~t R*~d [ ALTER THE COVERAGE AFFORDED BY THE FOLLIES BELOW. S~ ~ t, ~S COMPANIES ~FORDING COVERAGE 03788BS BUSINESS LOCATION: DOTNG SUS IN DADE CO ,. OWNER/CORR LUKES LANDSCApTNG ];NC PHONE#: (305)431-1111 LUKES LANDSCAPING TNC 3920 NW 94 AVE HOLLYWOOD FL 33024 MIAMI-DADE COUNTY - STATE OF FLORIDA OCCUPATIONAL LICENSE TAX (RENEWAL) 2003-2004 APPLICATION I. TCENSE ~: 037889-3 BUS. COMMENCEMENT DATE: O0 / 0000 SEC TYPE OF BUSINESS ~JvlOUNT 213 LAWN/LANDSCAPE/TREE SERVICE 5 EMPLOYEES OCL TAX 75.00 (INCL ECO.DEV.) SIGNATURE REQUIRED SEE INSTRUCTIONS ON REVERSE SiDE DUE ON OR BEFORE SEPT SOTH ~ ~vlOUNT DUE: . O0 75 PENALTIES OCT-ION AFTER DUE DATE NOV-15~ DEC-20N ~AN-25~ 20030718 FEB-25~ ~ 100,00 82.50 86.25 80.00 93.75 193.75 ~O~O0 0100 000378893 00007500 BO000000 1 AUG-01-2003 OB:Si TREE' CARE INDUSTRY ASSN. 603 314 5386 P.01/01 Vnl'~£ OF TREE CARs August 1, 2003 ])~a' l~r.r, Facaraz~, :Chank you for inquiring about your membership status with the Tr~e ~are Industr~ Association. A.~cor~in~ to our rccords, Luke's Landscaping, Inc., has been a member ~n go~l sbmding since 1966. PI.ease call me ifI can be offfu~ther assistance at 800-733-2622, ext. 107. Sincerely, I)oborah A. Cyr~ )~:ectin~cm~ocrsk(p Coord~tor Trll l:ari bd~W AilO0iil~0~ t 3 ]*idmnter Road, Unit I, MiqQhester, Pew Hampshire 03103, tall f~, 800,733.2622 i tel: 603.314.5380 ~ f~; 603.314.5366 i www,h'll~irilfldiabv, glT TOTAL P. 0! Oe~ O1 03 08:3~a p.1 · III III II O~LEARY DESIGN ASSOCIATES P.A. LAN DSCAPI~ ARCHITECTURE LAND pLANNING URBAN DESIGN GRAPHIC DESIGN ODA AX FAX (305) 270-0965 FROJECT ~ COMMENTS OR SPECIAL INSTRUCTIONS: YOU EX~Pl~RIENCE PROBLEMS WITH TRANSMISSION ...... PL~gAS]: CALL (305) 596-6096 OAK PLAZA PROFESSIONAL CENTER 8525 S.W. 92NO STREET, SLJJTE C11 MIAMI, FLORIDA 33] S6 DOSI 596~o09~ MEMBERS OF THE AMERICAN SOCJETY OF LANDSCAI~ ARCHITECTS Oct O! 03 08:34& p,2 I~)/B)/2003 07:17 ]~)§8~15~J1~. CDUMT~¥ BILLS P;~'~E 01 City of MIami Beach Mtami I~eacl~ FL 3313B telephone: (305) 873-7490 Fax (~,) 673-?a51 Scplemher }0, 2003 Rill O'Leary, COUNTRy BILLS P~GE 01 Dear Mr O'Lea~, As pet you your requesl, here is a description Of my company's lalldscnpe and irrigation maintenance experience in medians and high traf~c areas includi~ McP or similar sub surface irriBation. I'os the pasl I I years my company ~ had a contract with the Ci~ of Nurth Miami Beach fm citywi~e lan~$¢apa mamtenance {Value, $300,00~00) and pazt of this eontrat~ is for the maimenanee of 163'd :Si. from I-9~ lo NE 35~ Ave and Biscayne Bird fi'om NE 135 St. North lo the Aventura City limits, , t~ ?. ~,.~ the past 15 years my c0mpaoy his had a co~tract with the City of North Miami (190.000.00) for Cilywlde landscape maintenance and suppleme~al trash pickups ineludin_n Bt~*caync Bird from NE 121 51. ~tO NE, 135 SI. In-~galio. installation & maintenance, we have had a ce. nil'eCl with t~e Cily of Miami Beach for pasl 8 yea~ ($320,~0.~ with ~ ~rkin8 d~t ~d $16~,~ ~ wt~b parks and ~c~ntion) for ci~wlde iandsca~ and ini~stion maim~nce, ~nng the p~l 8 yea~ we have d~ig~d s~ in,tailed t 2 ~w and full), eulomar~ srriBation systems in m~. pa~ing g~g~, ~ing I~s and s~alts ai~8 Collins and Wa~in~on Ave, In 1~8 ~t Ci~ of Miami ~ach con~racled my com~ny to rake o~r the landsca~ a~ im~lio~ maim~ ~ ~ aw~ winniag 7e SI. (( ~ t. 1. award 2~1). W~n we t~k ov~ ~hls p~ a ~y p~e ~'~lem w~ u~ed ~o [mga~ 7 II~)/~r~ of la~scaping w/~ing up t~ ~mire buildin8 Wc ~e~d t~ I~aky pi~ was deteriorating and becoming unmllabie m my c0m~y ~esign~ a~ ins~lkd ~ ne~ sub surfa~ ~i~[ion systm mHizing Rain Bird drip pi~ (~mx. 20,~ f~ of sub surface d6p pi~} wi~ eminers spaced eve~ 12". Daring ~he inlgat~ ~ we i~ml~ a feAi~ti~ sysmm, n~ cAeck valves, m~ifolds ~ ~ch fl~. th~ ~er ~. six fl~ ~s ~t fl~ a~ a tri~ ~e- I~lttr syslem with 20-m~ron ltd&alton Maintenance. our contact with [he Ci~ of Miami Beach recluires us to check and service over 20 in'igntion systems from sub sur~ce to spray beads and ~'~urs includin8 an McP system on n wcekty basis This includes but is 'not limiled to ¢lr. anin&/ad.~u~in8 no.les. ~-cplacing Molen m unmated heads/valve addles, replacing broken lines. ~spaclin8 back flows, mse~tin8 nad replacing mulli zone timets (bolh lithium ion baleen/and ! 10 voit electric), chnngin8 worn/damagad valves, cleanin~ filtc¢~ and Rushing all sub surface irrigation sys~cm~ Lastly, I have a~ached n PO from she C~y of Mmmi Beach in t~ ~oum of S210,0~.~ for ~ m~laJlas~oa of ~w irrigation system~ a~ la~scaping al 8 Ci~ ~kln8 ~, J h~ this mf~ation i~ helpful and if you have f~her questi~ plea~ f~ ~ to c~l~t me ~ my ~l[ut~ ~ e 305- }85.0180 John W AIIr~ J~ Pr.'~idenl p.3 J vL~ A/bas. SECTION 00410 BID FORM THIS BID IS SUBMITrED TO: City of Aventura 19200 West Country Club Drive Aventura, Florida 33180 The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an agreement with The City of Aventura in the form included in 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 accordlmce with the other terms and conditions of the Contract Documents. 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 90 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 after the date of City's Notice of Award. In submitting this Bid, BIDDER r~presents, as more fully set forth in the Agreement, that: (a) BIDDER has examined copies of all the Bidding Documents and of the following Addenda (receipt of all which is hereby acknowledged.) Addendum No. Dated: Addendum No. Dated: Addendum No. Dated: Addendum No. Dated: (b) 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. (c) BIDDER has studied carefully all reports and drawings of subsurface conditions and drawings of physical conditions. (d) BIDDER has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests 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 furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of 14 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. (e) BIDDER has correlated the results of all such observations, examinations, investigations, explorations, tests, reports, and studies with the terms and conditions of the Contract Documents. (f) 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. (g) 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 BIDD, ER 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. 4. BIDDER understands and agrees tliat the Contract Price is lump sum to furnish and deliver 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 extent that the City changes the scope of Project after the Contract Date. As such the Contractor shall furnish all labor, materials, equipment, tools superintendence, and services necessary to provide a complete Project for the Bid Price of: BASE BID: ~~P (Written Total Base Bid Price - From Schedule Of Values Items 1 through 6) 5. Communications concerning this Bid shall be addressed to: U. I-,A i ?L. I to I Telephone Facsimile Number Attention: '~""0~,,~ 6. The terms 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. StmMm'ED TInS DAY 15 SCHEDULE OF VALUES FOR LUMP SUM CONTRACT BASE BID BISCAY~qE BOULEVARD/N.E. 203~ STREET BISCAYNE BOULEVARD LANDSCAPE MAINTENANCE BID SPECIFICATIONS ITEM Item Six Month cost Six Month TOTAL Cost per # (City reserves the right to reduce or for Maintenance cost for COST additional add quantifies at its sole discretion) April-Sept. Maintenance Per 12 cuts Oct.-Mar. Months 1 Biscayne Blvd. From the Southern $ $ $ $ limits to the Northern City limits including N.E. 203rd St., the F.E.C. i ~t .~_ ~' ~ ~ ~.3Z~/ 2 3 ~, (~,~} free Right-of-Way, and Biscayne Blvd. Seasonal Color Replacement, 4 ½" Unit Price delivered and ia place: iaeludes removal of prior 2 pot, full 16,667 x 2 changes per year. season's flowers and fertilization as per specifications. $ ~.10 x 33,334 per year = $ ~(o. 6,~OTOTAL Merit Soil Drench for Royal Palms Per Application 3 (One application per year) $ 9-0-00 x 226 Royal Palms = $ ~/~?~'O'°°TOTAL Cygon Foliar Spray for Royal Palms Per Application 4 (One application per year) $ I~.O0 x 226 Royal Palms = $ '°~TOTAL Phoenix Dactilifera Maintenance ' Per A~p. plication $ (Three applications per year) $ ~o.oo x153DatePalmsx3=$ ~'l~0 TOTAL Red or Brown Cypress Bark Mulch Per 100 cubicayards delivered and installed in place: 6 Grade "A" or better (approximately 5,000 cubic yards per year.) $'-z.lo '- -~ x 50 = $ ~ TOTAL TOTAL BASE BID BASE Toial of items 1 through 6 BID comtitute the BASE BID. $ TOTAL 16 Additional Schedule of Values One Landscape Foreman Per Hour 8:00 a.m.-4:30p.m., Mon.-Fri. =$ A. Per Hour for all other times =$ One Landscape Laborer Per Hour 8:00 a.m.-4:30p.m., Mon.-Fri. =$ B. Per Hour for all other times =$ One Front-End loader with Backhoe Per Hour = $ q ~ IC including Operator Per Day = $ 3~o PerWeek =$ t;~-C.~O J PerMonth = $ ~ "'~0.o° Onemin. 15,0OOGVMDumpTmek PerHour =$ 3,4,00 D With Operator Per Day = $ 2 7 L°o Per Week =$ Per Month =$ ~2t90 Rate for ( 1 ) water tank, min. 500 gal. Per Day = $ ~ q 5' E Capacity, with pump and hose reel PerWeek =$ T Per Month =$ Rate for Topsoil (70/30 mix) F delivered and installed in place Per CY = $ ~ 4' O O Rate for Lawn Sand delivered and G installed in place PerCY =$ ~,~ ~,~) (-~ Coconut Palm Per Palm H OTC Injection Per Injection = $ I ~ O ~ One Irrigation Repair Specialist Per Hour 8:00 a.m.-4:30p.m., Mon.-Fri. =$ I Per Hour for all other times =$ ~ 2. $ O One Irrigation Laborer Per Hour 8:00 a.m.-4:30p.m., Mon.-Fri. =$ { ~. ~'O J Per Hour for all other times =$ Rate for self propelled 24"x 6" Per Hour = $ 3 (~- o O K Trencher with Operator Per Day =$ 3 ~O PerWeek =$ I(oOO Per Month = $ 5t ~,o O Solid St. Augustine Floratam Sod Per L In place for lawn repair as needed Square Foot =$ 0 ~ ~ 500 Square Foot Palette of St : Per M Augustine Floratam sod delivered Palette = $ i ~ (~), © and installed per City direction. O' -"--' Ratefor selfpropelled24"x6" PerHour =$ _.__-- ~ Week = $ Per ~ Per Month = $ Ratefor skid steer loader with PerHour =$ 3'~.c~ P Operator Per Day =$ '~0.°° PerWeek =$ '~r~.~ OOO,~ PerMonth = $ _~c/00.oo~ '~ 17 CONTRACT EXTENSIONS: The City of Aventura hereby requests bids for a three {3) year contract for supplies and services. In addition, the City reserves the right to extend this contract for one additional three (3) year term, providing both parties agree, that all the terms, conditions and specifications (except for the itemized and unit prices as contained in thc Schedule of Values, which shall be negotiated in good faith) remain the same and the extension is approved by the City Manager. BIDDER OFFERING FIRM PRICE~ FOR THE INITIAL THREE YEAR CONTRACT PERIOD: YES ~ NO BIDDER TO INDICATE IF HE WOULD BE WILLING TO EXTEND THIS CONTRACT FOR A SECOND THREE YEAR TERM: YES ~ NO 18 By: By: · (Title) A CORPORATION (Corporation Name) (State of Incorporation) (Name of Person Authorized to Sign) Atmst: ' (Coz;po/'ate Seal) Business address: kd, M:~: [76- 3 31~, r (President) PhoneNo: ?0(- ~(~l- Facsimile .. 21 STATE OF ~cl°''~ ~¢' ) ) SS: COUNTY OF I~ e. ) CERTIFICATE OF AUTHORITY (IF CORPORATION) HEREBY CERTIFY that a meeting of the Board of Directors of the a corporation existing under the laws of the State of on fieQlc -~5 ,20o~, , the following resolution was duly passed and adopted: _, held "RESOLVED, that, as President of the Corporation, be and is hereby authorized to execute the Bid da~xt, 5 ~9 ¥ ~ ~ ,20 o ~ , w the City of Aventura 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 Coqaoration." I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the corporation this Z~ ,dayof 5C~f ,20o'~. Secretary: (SEAL) - 23 SECTION 00420 AWARD PREFERENCE FOR IDENTICAL TIE BIDS Whenever two or more Bids which are equol 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 that 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 if none of the fled vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: As the person authoriz~ec requirements. \ VENDOR'S SIGNATURE: 1) 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. 2) 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. 3) Give each employee engaged in providing the commodities or contractual services that are under Bid a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), 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 statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation o~ chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no latel' than five days after such conviction. 5) 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. 6) Make a good faith effort to continue ~ maintain a drug-free workplace through implementation of this section. s~ten~ I certify that this firm complies fully with the above END OF SECTION 26 SECTION 00434 LIST OF PROPOSED SUBCONTRACTORS BIDDER shall list all Proposed Subcontractors to be use~, on this project if they are awarded the contract. CLASSIFICATION NAME AND ADDRESS OF WORK OF SUBCONTRACTOR If, prior to Notice of the Award, the City or the Contractor has reasonable objection to and refuses to accept any Supplier, person or organization listed, the BIDDER may, prior to Notice of Award, submit an acceptable substitute without an increase in their bid price. 31 SECTION 00450 BIDDER QUALIFICATION STATEMENT The BIDDER's response to tbis questionnaire will be utilized as part of the C'ty's overall Bid Evaluation and Contractor selection. The work described in tiffs project is to occur within a public right-of-way. List similar governmental or quasi- governmental projects for which you have cgmpleted or have on-going services. 1. Project Name/Location Owner Name Contact Person Contact Telephone No. Yearly Budget/Cost Dates of contract Project Name/Location Owner Name Contact Person Contact Telephone No. Yearly Budget/Cost Dates of contract From: Project Name/Location Owner Name Contact Person Contact Telephone No. Yearly Budget/Cost Dates of Contract From: /qq(--~ To: 01 eSE*x~ 32 SECTION 00454 NON-COLLUSION AFFIDAVIT )s$ County o~ ~ ~ O_ .) being first duly sworn, deposes and says that: (1) He/She/They is/are the ~ I ~ ~, ~ ~ ,~ ,., ~. (Owner, Partner, Officer, Represe~ntative or Agent) of Co,~_ ~"l /~;t{~ L~.,.~. /h~,,~t~.,t the BIDDER that has submitted the attached Bid; (2) He/She/They is/are fully informed respecting the preparation and contents of the attached Bid and of all pertinent cimumstances respecting such Bid; (3) Such Bid is genuine and is not a collusive or sham Bid; (4) Neither the said BIDDER nor any of its 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; or to 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, profit, or cost 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; (5) 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. Signed, sealed and delivered ~x~~~'X ~.~~'~ [x~ in the presence of: (Printed Name) · (Title) 33 ACKNOWLEDGMENT State of Florida ~ County of I;'lori~q On this the 2 ~ day of 5 c p ~- ,20 0,'~ , before me, the undersigned Notary Public o f The State o f Florida, pemonally appeared (Name(s) of individual(s) who appeared before notary) whose name(s) is/are Subscribed to the within instrument, and he/she/they acknowledge that he/she/they executed it. WITNESS my hand and official seal. NOTARY PUBLIC, STATE OF FLORIDA (Name of Notary Public: Print, Stamp, orTy~e f' - ~ P>/,4R_y -7'~31e dO · Personally known to me, o~.~ · Personally identification: (Type of Identification Produced) · DID take an oath, or · DID NOT take an oath. ~ OPTIONAL INFORMATION: Type Of Document:~A(~'ct~a/?f Number of Pages: Number of Signatures Notarized: as Commissioned.) END OF SECTION 34 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. whose business address 1. This sworn statement is submitted by ¥o~ ~,. )~!J E c~ ' for £vo~ ¥~ [~ L(.4~'+ ~ , ~,'~: ~t~t and (if applicable) Federal Employer Identification numar ~) is ~ ~ Oo ~ ~q(~ (~~ad no ~ include ~e Social S~ufity Numar of the in&vidufl sig~ng ~s sworn sm~ment: ~ fi' 2. I understand ~at a "public entity crime" ~ defin~ in P~a~aph 287.133(1)(g), ~odda Statutes, me~s a violation of ~y state or f~er~ law by a ~on wi~ res~ct to ~d ~fly ~lat~ to ~e Waasacfion of business wi~ ~y public entity ur wi~ ~ agency or polificfl su~vision of ~y o~er state or wi~ ~e Uni~d Stores, inclu&ng, but not li~t~ to, ~y Bid ur Conwact for g~s or ~ices ~ be provided to ~y public entity or an agency ur ~lific~ su~vision of ~y o~er state of ~e U~ted States ~d involving ~ti~st, ~aud, ~e~, b~ry, collusion, racket~fing, conspiracy, or ~tefifl ~srepresentafion. 3. I understand that "convicted" or "conviction" as defined in Para. 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a publi~entity crime, with or without an adjudication of guilt, in any federal or state trail court of record relating to charges brought by indictment or information after July 1, 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(1)(a), Florida Statutes, means: 1. 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 criine. 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. 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 agents who are active in management of any entity. ~' 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.) sh~Neither the entity submitting this sworn statement, nor any of it's officers, directors, executives, partners, rs, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. 36 __ 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 ora public entity crime subsequent to July 1, 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 1, 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 Heatings 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.) I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENrfFY IDENTIIqED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENffrY 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 ENTI:ItlNG INTO A CONTRACT 1N EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES, FOR CATEGORY TWO OF ANY, CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. (Printed Name) (Title) ed Sworn to and subscribed before me this O~3 day of ,~y,.~gt ,20 0 ~ Personally known Identification I/ Notary Public - State of My Commission Expires (Type of Identification) (Pri~ted?'t;pe~,~r stamped co~n~ss~j~name ot notary public) Or Produced END OF SECTION 37 October 6, 2003 VIA FAX & REGULAR MAIL Mr. Eric M. Soroka City Manager City of Avontum 19200 W~ Coualty Club Drive Ave~tur~ FL 33180 Re: Williams Island Svna~o~c This l~tter will serve as our request for a continuance of the above-noted hearln~ flora the November Commission meeting until thc lanuary meetlng~ untezs thc Commi~ion ~bedulez a December meeting. Wlfile ! realize that this mater has bccn dolayed a number of tim~, we m'c still working with the r~prescntafives of the 2600 building to see ifa resolution of this matter can be reached. However, the hearing presently sche/uled for November 4~ ex'rates s significant and unexpeeled hardship to the founders of the Synagogue. As you know, the Trump family the tragic log of its lmtriareh, Willie Trump, earlier this ye~. O~ November 4th, n t~timonial for W'fllie Tromp, in conjunction with en annual d/nncz for thc charity know as Bc/t Isle Shapiro, /n Israel, which Mr. Trump founded, has been scheduled at the home of Norman and Irma Braman. Unfortm~toly, due to the I/me of the hearing md the Sinner, the Trump family will be able to atlend the hearing. We would most respectfully request th~,t the hearing be rmeheduled for the meeting in lanuary, I have att~apted to call thc attorney for the 2600 building, John Shubin, a number o£ times this wnek to got his consent, but duc to his heavy trial er, h~dule, wc have not been able to catch up with one another. I mn copying John on this letter and will continue to try to g~t hold of b. hn early next week. Please let me know of any otl~r actions I should tak~ in conjunction with tl~e requmt and, of co~sc~ if thc hcar/ng needs to bo rcadvcrt/scd, my clicm will pay that cosl~ Mr. Eric M. Soroka October 6, Page 2 If you have any further questions regarding this matt~, please call. Mr. John ghub/n M~ Joam~ David Wolpin, Yours very truly, Cliffgchuinum ...~$~/? P.A. MIAMI DALLY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miarni-Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared SOOKIE WILLIAMS, who on oath says that he or she is the VICE PRESIDENT, Legal Notices of the Miami Daily Business Review f/k/a Miami Review. a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami-Dada County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CiTY OF AVENTURA - PUBLIC HEARING - 10/7/03 APPLICATION NUMBER: 07-CU-03 AND 08-VAR-03 in the XXXX Court, was published in said newspaper in the issues of 09/25/2003 Affiant further says that the said Miami Daily Bus[ness Review is a newspaper published at Miami ~n said Miami-Dada County, Florida and that the said newspaper has heretofore been continuously published in said Miami-Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter 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 · ~ Uae al~ pu~a~ to Seellon 31-143(f)(2a) of the Clty, a Land Devek31~ment R~ to construct a Play Park/Pet Pa~ I~ the RMF4 (Mul~-Femay ~ Density Re.derail) Al~lleatlon N.laI~.. 07-CU4)3 and 08-VAP.-O~ ~ ~ ~-t I~. 18375 NE 31Aven~e Legal Oe~o~l~: T~ 'A' P~, ~"~~ attached copy of advertisement; and affiant further says that he or Plan~ am on file end may_l~ .~ ~, t~ Clty d A~ ~ Cee;~, t~ wee~ Count~/Clu~ she has,eider paid nor promised any person, firm or corporation any d~cou~t, rebate, commission or refund for the purpose D~ve, Ave~jla. I=~l~ll 3~11~-~:~ ~ ii ~' before the of s~jburi/rj~ this advertisement for publication in the said Public Hea~tg: The al3f311catloa new er. The public Hea~ t~l ~ hek~ M CI~ ~ A~t~_ Go~m~e~ L yC~~ Sworn to and subscrib~ before me this 1~ ~ ~ ~ ~. A~ ~ ~. F~ (SEAL) BOOK,E I ~l,, ~ '1 ~.~u~.?_[_SS~ON # CC ~01 if a~mappeal.~/~ma~byt~City pa bmmd, Teresa M. 8omka, CMC, City Cle~ 03-3-18/39761 IM