97-053 RESOLUTION NO. 97-53
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AVENTURA, FLORIDA APPROVING AND AUTHORIZING
THE CITY MANAGER TO EXECUTE THE ATTACHED
DEVELOPMENT AGREEMENT BETWEEN THE CITY OF
AVENTURA AND AVENTURA COMMONS ASSOCIATES,
LTD. AND TRAFALGAR ASSOCIATES OF AVENTURA,
LTD., CONCERNING ROAD AND DRAINAGE RIGHT-OF-
WAY AND IMPROVEMENTS.
WHEREAS, the attached Development Agreement provides for the dedication and
improvement of public right-of-way and the construction and dedication of drainage
improvements which are beneficial to the City of Aventura; and
WHEREAS, approval of the Development Agreement is in the best interest of the
City of Aventura.
NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF
THE CITY OF AVENTURA, FLORIDA AS FOLLOWS:
Section 1. That the Development Agreement, in substantially the form attached
hereto, is hereby approved and the City Manager is hereby authorized to execute such
Development Agreement on behalf of the City of Aventura.
Section 2. That this Resolution shall be effective immediately upon adoption hereof.
The foregoing Resolution was offered by Councilmember Beskin, who moved its
adoption. The motion was seconded by Councilmember Cohen, and upon being put to a
vote, the vote was as follows:
Councilmember Arthur Berger yes
Councilmember Jay R. Beskin yes
Resolution No. 97- 53
Page 2
Councilmember Ken Cohen yes
Councilmember Harry Holzberg yes
Councilmember Patricia Rogers-Libert yes
Vice Mayor Jeffrey M. Perlow yes
Mayor Arthur I. Snyder absent
PASSED AND ADOPTED this 5TM day of August, 1997.
,,~,/ART~HUI~. S~YDE~, MAYOR
ATTEST:
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY
CITY ATTORNEY
- 2 -
DEVELOPMENT AGREEMENT
This Development Agreement (the "Agreement") is entered into by
amollg Aventura Commons Associates, Ltd. ("Developer") , whose address Js
2665 South Bayshore Drive, Suite 1200, Coconut Grove, Florida 33133, Atkn:
Jeffrey L. Berkowitz, the City of Aventura ("City"), whose address is 2999
N.E. ]91 Street, Suite 500, Aventura, Florida 33180, and Trafalgar
Associates of Aventura, Ltd. ("Trafalgar"), whose address is 6505 Blue
Lagoon Drive, Suite 250, Miami, Florida 33126, as of the __ day of
August, L997.
WHEREAS, Developer is developing Aventura Commons Shopping Center
(the "Shopping Center") and ow~ls the portion thereof legally described
Exhibit "A" attached hereto and, in conjunction therewith, is installing
certain on-site and off-site infrastructure consisting of certain roadway
and storm water drainage system improvements; and
WHEREAS, Trafalgar is developing the lands legally described on
Exhibit "B" attached hereto (the "Residential Lands") for resident[a]
purposes and, in conjunction therewith, has agreed to install certain of[
site infrastructure consisting of certain roadway improvements; and
WHEREAS, Gulfstream Park Racing Association, Inc. ("Gulfstream,) owns
certain lands to the north of the Shopping Center and Residential Lands and
has agreed to convey to the City, as a condition to the effectiveness o£
this Agreement, certain lands for a public right of way in connection
the development of the Shopping Center and Residential Lands; and
WHEREAS, Developer has been requested to oversize and otherwise
accommodate the storm water drainage needs of City and Gulfstream in
connection with the installation of the storm water drainage system
improvements and Developer desires to do so on the terms hereinafter
provided; and
WHEREAS, the parties desire to execnte this Agreement in order to set
forth their respective rights and obligations with respect to the
construction of and payment for said infrastructure improvements;
NOW, THEREFORE, for valuable consideration, the receipt and adequacy
of which are hereby acknowledged, the parties hereto agree as follows:
1. (a) Developer shall, in lieu of constructing three lanes of
proposed Northeast 213th Street from Biscayne Boulevard to the northerly
projection of the easterly property line of the Shopping Center, construc~
four lanes along said portion of proposed Northeast 213th Street. Said
four lanes shall be constructed in accordance with site plan and civil
drawings prepared by CCL Consultants, Inc. ("CCL") described on Exhibit "C"
attached hereto (the "213th Plans"), subject to approval by the City
pursuant to its permitting process. Except as otherwise may be set
in this Agreement, Developer shall construct said four lanes at its sole
cost and expense. Additionally, Developer shall, at its sole cost and
expense, obtain all necessary state and local permits or approvals required
for the construction of said four lanes. Developer shall deliver to the
City copies of all such permits and approvals or denials in connection with
such permit applications.
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(b) Trafalgar shall, in lieu of constructing three lanes
proposed Northeast 213th Street from the northerly projection of the
easterly property line of the Shopping Center to Northeast 34th Avenue,
construct four lanes along said portion of proposed Northeast 2]3th
Street. Said four lanes shall be constructed in accordance with the 21~h
Plans, subject to approval by the City pursuant to its permitting process.
Trafalgar shall use best efforts to complete this work prior to January ]5,
1999, subject to extension by reason of force majeure for a like period.
Except as otherwise may be set forth in this Agreement, Trafalgar shall
construct said four lanes at its sole cost and expense. Additionally,
Trafalgar shall, at its sole cost and expense, obtain all necessary state
and local permits or approvals required for the construction of said foyer
lanes. Trafalgar shall deliver to the city copies of all such permits and
approvals or denials in connection with such permit applications.
(c) Developer shall dedicate to the City the land beneath the
southern most three lanes of the portion of proposed Northeast 213th Street
referenced in subparagraph l(a) for road right-of-way on the plat of the
Shopp%ug Center. Trafalgar shall dedicale to the City the land beneutl,
southern most three lanes of the portion of proposed Northeast 213th Street
referenced in subparagraph l(b) for road right-of-way on the plat of the
Trafalgar property (or by special warranty deed to the City at any time
prior thereto if so requested by the city). It is a condition precedent to
the obligations of all parties under this Agreement that Gulfstream sha] 1
have conveyed to the City in accordance with the provisions of this
Agreement by special warranty deed for public right-of-way purposes tha~
portion of the Gulfstream Property (as hereinafter defined) legally
described on Exhibit "D" attached hereto, which comprises the northernmost
lane of proposed Northeast 213th Street. Developer agrees to use best
efforts, excluding the payment of money and litigation, to cause the
aforestated conveyance by Gulfstream to occur as soon as possible after
full execution hereof. At the time of each aforestated conveyance to the
City as called for in this Agreement, Developer, Trafalgar and Gulfstream,
as applicable, shall pay all recording fees and documentary stamp taxes, if
any, relating to or resulting from such conveyance. In connection with
each such conveyance, real property taxes shall be prorated as of the day
before the acceptance of the conveyance by the City and the prorated amount
shall be paid by Developer, Trafalgar or Gulfstream, as applicable, and
shall be escrowed in accordance with the provisions of Section 196.295,
Florida Statutes. Prior to each such conveyance, reasonably acceptable
title and survey evidence in respect of the land being conveyed shall be
provided to the City and Developer, Trafalgar and Gulfstream shall execute
and deliver to the city such other documents as are reasonably required by
the City in connection with the conveyance of land to the City.
(d) City agrees to accept a payment and performance bond witt] du~
obligee rider naming the City as dual obligee in respect of the road
to be performed within proposed Northeast 213th Street and Northeast
Avenue as satisfying the requirement for a subdivision improvement bond
being posted for such work to insure performance thereof.
2. Developer shall construct a s~gnalized intersection at the
intersection of proposed Northeast 213th Street and Biscayne Boulevard.
City shall cooperate with all reasonable requests of Developer in respec~
of obtaining reimbursement from Dade County for the cost of said signal.
RUBIN/SYS:~DMS\71982\07524\156576.03b
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3. Developer shall construct the western one-half of Northeast
30th Avenue from Northeast 207th Street northward to the southern boundc~]y
of the Shopping Center in accordance with the site and civil drawings
prepared by CCL, described on Exhibit "E" attached hereto (the "30th
Plans"), subject to approval by the City pursuant to its permitting
process. Trafalgar shall construct the eastern one-half of Northeast 30th
Avenue from Northeast 207th Street northward to the southern boundary o~
the Shopping Center in accordance with the 30th Plans, subject to approval
by the City pursuant to its permitting pL'ocess; Trafalgar's work sha~
completed no later than December 31, 199'7 (provided the building permit for
such work is issued by August 15, 1997 and, if it is not, there shall be a
day for day extension of such December 31, 1997 date). Each of Develope~;
and Trafalgar shall construct the improvements that it is obligated to
construct under this paragraph at its sole cost and expense. Additionally,
each of Developer and Trafalgar shall, at its sole cost and expense, obtain
all necessary state and local permits or approvals required for the
construction work to be performed by it under this paragraph. Developer
and Trafalgar, as applicable, shall deliver to the City copies of all s~ch
permits and approvals or denials in connection with such permit
applications.
4. Developer shall construct a common storm water drainage system
for the Shopping Center in accordance with the plans and specifications
prepared by CCL and described on Exhibit "F" attached hereto (the "Dra/~l~ge
Plans"), subject to approval by the City puzsuant to its permitting
process, which Drainage Plans incorporate the reasonable storm water
drainage requirements of the City, in an underground system from a
connection point at Northeast 207th Street passing north along Northeast
30th Avenue, thence continuing north through the Shopping Center parking
lot to the northern boundary of the Shopping Center, and then traveling
west to a termination point on Biscayne Boulevard (the ~Main System") arid
east along proposed Northeast 213th Street and terminating at an existi~g
drainage outfall (the "Eastern Extension" and, together with the Main
System, the "Drainage System"). The Drainage System constructed in
accordance with the Drainage Plans shall accommodate not only the
reasonable drainage requirements of the City but also the reasonable
drainage requirements of the Shopping Center, Northeast 30th Avenue between
Northeast 207th Street and the southern boundary of the Shopping Center,
the portion of proposed Northeast 213th Street commencing at Biscalzne
Boulevard and proceeding eastward to the existing drainage outfall and tile
current drainage requirements of the property located east of Biscayne
Boulevard and immediately north of proposed Northeast 213th Street (the
"Gulfstream Property"). Pursuant to the requirements of Sections 8 and
below, Developer will furnish a non-exclusive drainage easement in favor
the City within those portions of the Shopping Center through which the
Drainage System runs and shall pay the recording costs and any documentary
stamp tax payable in connection therewith. Developer shall also furnish an
absolute bill of sale, no lien affidavit and evidence of release/waiver ~f
all mechanics' and materialmen's liens for the entire Drainage System as
soon as the Drainage System has been com~)leted, and City shall promptly
acknowledge receipt thereof. Developer acknowledges and agrees that
certain portions of the Drainage System will be installed in land which Js
owned by Dayton Hudson Corporation ("Target"), in respect o~ which
Developer has easements rights. Developer represents and warrants that
has the right to install portions of the Drainage System in the ]and
by Target and, at its sole cost and expense, will obtain easement rights
RUBiN/SyS:~DMS~71982~07524\t56576.03b 3
7/11/97
from Target substantially in purpose, form and substance as those
by the City from Developer hereunder.
5. Developer shall, at no cost to the City, obtain all necessary
state and local permits or approvals required for the construction of the
Drainage System. Developer shall send to the City copies of all wr]tte]]
permits, approvals or denials received by Developer in connection with such
permit applications.
6. During construction of the Drainage System, the City shall have
the continuing right to inspect such installations to determine compliance
with the Drainage Plans, and shall be entitled to perform normal
engineering tests to determine that the Drainage System has been instal l{~]
in accordance with the Drainage Plans and good engineering practices;
provided that the foregoing shall be accomplished in a manner that does not
delay or interfere with construction.
7. After completion of construction and prior to acceptance or
approval of the Drainage System by the City, Developer shall furnish t~ the
City one set of Mylar "as-built" drawings showing specifications,
locations, depth and other appropriate details of the Drainage System as
installed, prepared by a licensed surveyor, along with three prints of the
"as-built" drawings which have been sealed by the surveyor. In addition,
Developer shall provide the City with three sets of all appropriate man~als
for the operation of any mechanical and electrical equipment installed as
part of the Drainage System by Developer, as applicable. In addition,
Developer will provide the City with a schedule, certified by the
Developer, of actual costs of the Drainage System being transferred.
8. Upon completion of construction of the Drainage System,
Developer shall provide the City with a title opinion of an attorney
licensed to practice law in the State of Florida showing that the lands [~o
be encumbered by all easements to be conveyed or dedicated to the City
pursuant to this Agreement are, in fact, owned of record by the party
granting the easements in fee simple, free and clear of all liens
(including mechanics liens) and encumbrances other than those which do not
adversely affect the City's ability to use, operate and maintain the
Drainage System for its intended purpose. Alternatively, in lieu of a
title opinion, Developer may provide the City with a current title
insurance policy or a certification to the City by an abstractor or title
company containing the same information. Such opinion of counsel or
alternative title information, when rendered, may reflect that the lands
involved are encumbered by a mortgage or mortgages, if same are
subordinated to the easements described in this Agreement or if the lands
underlying said easements are released from such mortgage or mortgages.
9. After Developer has satisfied the requirements of Sections 7
and 8, the City shall accept the Drainage System fzom Developer.
10. After acceptance of the Drainage System for ownership,
operation and maintenance by the City, Developer shall at no cost or
expense to the City (a) cause to be conveyed, granted and dedicated to the
City free and clear of all liens and encumbrances (other than those which
do not adversely affect the City's ability to use, operate and maintain the
Drainage System for its intended purpose), such easements as are reasonably
necessary for the City to own, operate, maintain, repair and replace the
RUB iN/SYS:~DMS~71982\07524~156576.03b
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Drainage System and (b) transfer and convey to the extent that the same are
transferable all governmental approvals and permits that will enable
City to operate the Drainage System and notify all governmental agencJe!~ of
such transfer and conveyance as may be required by law. The City shall
review and approve all documents submitted by the Developer pursuant to
this Agreement.
11. Developer shall and does hereby indemnify and hold the City
harmless from any repairs or replacements required to be made to said
Drainage System conveyed by Developer to the City (excluding routine
maintenance) which occur within one year after substantial completion
said Drainage System.
12. The reviews, inspections, approvals, acceptances and
conveyances to the City of the Drainage System shall not constitute a
waiver by the City of any claims arising from (a) faulty of defective
design, (b) faulty or defective construction, (c) unsettled liens and
encumbrances and (d) tort claims.
13. City shall make available to Developer and to Trafalgar, res
pectively, and allow Developer and Trafalgar, respectively, to apply toward
construction costs associated with improvements which are not required
under existing zoning resolutions, all impact fee credits available from
Dade County in respect of the construction ef their respective portions of
proposed Northeast 213th Street and shall further allow Developer to apply
all impact fee credits available from Dade County in respect of the
construction of the Developer's portion of Northeast 30th Avenue. In this
regard, city shall cooperate with all reasonable requests of Developer and
Trafalgar in respect of obtaining such impact fee credits.
14. City shall pay to Developer $975,000.00 (the "Sum")
representing its share of the costs of the Drainage System, plus 3.5% of
said Sum to Berkowitz Development Group (an affiliate of Developer) as a
construction management fee and 2.5% of said Sum to Berkowitz Development
Group for overhead associated with supervising construction of the Drainage
System. In addition, City shall pay to Developer (a) any increased costs
resulting from changes in the work set forth in the Drainage Plans that are
requested or required by the City (but Developer shall be free to reject
any changes requested or required by the City subsequent to the issuance of
building permits for the Drainage System in Developer's absolute and
discretion in the event any such changes would delay the project in any
respect; City acknowledges being advised that Developer has made time
commitments to Target and its tenants which it must satisfy and which would
be jeopardized by any further delays) or required by applicable non City
governmental authorities (but, as to changes required by applicable non
City governmental authorities, the City shall only be liable for its
prorata share of the increased costs if they would have been incurred
regardless of whether or not Developer accommodated the City's storm water
drainage needs as herein provided, or the full increased costs if they
would not have been incurred but for Developer's accommodating the
storm water drainage needs as herein provided) after the execution of
Agreement (which shall include a payment of 5% for overhead and 5% for
management to Berkowitz Development Group), (b) 100% of the engineering,
permitting and surveying costs invoiced by CCL, Keith & Schnars, P.A. and
Ford Engineering in connection with modifying the previous drainage plans,
and preparing legal descriptions associated therewith, to incorporate tile
RUBIN/SYS:~DMS~71982~07524~156576.03b
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changes reflected by the Drainage Plans as a result of accommodating the
City's needs, (c) 100% of the reasonable legal fees incurred by Developa~r,
not to exceed $15,000.00, in preparing this Agreement and the documents
contemplated by this Agreement which are for the benefit of the City
as the easement and bill of sale for the Drainage System) and in
negotiating changes to the construction documents for the Drainage System
(d) 100% of any cost increase or change order resulting from soil
conditions being other than as contemplated by the bid received by
Developer for installation of the Drainage System (which shall include a
payment of 5% for overhead and 5% for management to Berkowitz Development
Group), and (e) 100% of any cost increase or change order (which shall
include a payment of 5% for overhead and 5% for management to Berkowitz
Development Group) resulting from underground utility conflicts with the
Drainage Plans in those portions of the Drainage System that are not shared
with Developer (such as the portion of the Drainage System within 30th
Avenue and the portion of the Drainage System that branches west to
Biscalzne Boulevard along 213th Street when it exits the Shopping Center)
and, as to portions of the Drainage System that are shared with Deve]op~r,
the City will pay its prorata share (which shall include a payment o£ 5%
for overhead and 5% for management to Berkowitz Development Group) based on
capacity of the Drainage System that is available for use by the City in
relation to the capacity of the Drainage System that is available for use
by Developer. City will waive (or pay in addition to the amounts specified
herein) any permitting fees for the Drainage System in excess of those that
would have been required but for Developer's accomodating the City's
drainage needs.
15. The payments required of the City under paragraph 14 above
shall be paid as work progresses, within ]5 days after receipt by City ~f
each draw request accompanied by a certification by the project architect
or engineer that the portion of the work to which the draw request relates
has been substantially completed in accordance with the applicable plans
therefor and lien waivers or releases for nhe prior draw.
15A. Developer shall sod (without irrigation) the portion of the
Northeast 213th Street median adjacent to the Shopping Center unless, prior
to the opening of the Shopping Center, the City shall, at its sole cost,
have assumed all responsibility for the preparation of plans and
specifications for, and the installation of, landscaping for such portion
of such median and shall have completed such landscaping installation by
the opening of the Shopping Center (in which event Developer will pay to
the City the amount it would have otherwise paid for sodding such port,on
of the median within 30 days after written request therefor). Once
installed, the landscaping within such portion of the landscaped median
shall be maintained, repaired and, when necessary, replaced by the City at
its sole cost to the same extent as other City medians.
16. Once the Drainage System has been installed, the City will
accept a prompt conveyance of same from Developer subject to the
requirements of this Agreement (and Developer shall promptly deliver an
absolute bill of sale and other required documentation therefor as provided
in paragraph 4) and, from and after the date of acceptance of snch
conveyance, the City shall maintain, repair and replace same in good
condition except for any repair or replacement necessitated by the acts or
omissions of Developer. The City shall allow drainage from Northeast 2]3th
Street, from Northeast 30th Avenue, from the Shopping Center and from the
RUBIN/SYS:~DMSkT1982k07524k156576.03b
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Gulfstream Property to be introduced into the Drainage System. Tile pro
visions o~ this paragraph shall be included in the easement described in
paragraph 4 above. The City agrees that Shy work to the Drainage System
shall be performed in a manner so as to iilir]imize inconvenience to
disruption of the Shopping Center and the occupants thereof, that any work
within the Drainage System shall be performed diligently and that, after
performing such work, the area in which such work was performed shall be
restored to its pre-existing condition.
17. Developer shall pursue the work it is to perform under this
Agreement continuously and with due diligence and good faith from and a£1~er
the date hereof until such work is completed (estimated to be on or bef<~e
June 30, 1998), subject to extension by reason of force majeure.
18. City will continuously, diligently and in good faith work wJ~h
Developer and make City's consultants and contractors available to provide
all information (as to the City's needs) necessary to complete the design
of the Drainage System. Further, City shall expedite the approval, permit-
ting and inspection process associated with all plan revisions resulting
from expanding the Drainage System from the currently planned system (which
serves only the Shopping Center) to the one contemplated by this Agreement.
19. Ail parties shall take all steps reasonably necessary or
appropriate to implement the provisions of this Agreement and shall execute
such reasonable documentation as may be requested in furtherance thereof.
In the event any sum payable hereunder is not paid when due, interest shall
accrue thereon at the highest lawful rate. In the event of litigation
hereunder, the prevailing party shall be entitled to an award of court
costs and reasonable attorneys' fees at all tribunal levels. Venue for any
litigation arising out of this Agreement shall be in Dade County, Florida.
Each party shall act in good faith and with diligence to implement the
provisions of this Agreement and to minimize delay in the construction
contemplated hereby.
20. Any notice delivered with respect to this Agreement shall be in
writing and be deemed to be delivered (whether or not actually received)
when (a) hand delivered to the appropriate party or (b) upon deposit of
such ~]otice in the United States Mail, postage prepaid, certified, retuzn
receipt requested, addressed to the person at the mailing address set forth
on the first page of this Agreement, or such other address or to such other
person as the applicable party shall have specified by written notice to
the others delivered in accordance herewith.
21. This Agreement shall be binding on the parties hereto and their
respective successors and assigns.
22. The City will, from time to time promptly upon request of
Developer, Trafalgar and/or Gulfstream, execute and deliver letters
affirming the status of this Agreement.
23. This Agreement and the provisions herein shall be construed,
controlled and interpreted according to the laws of the State of Florida.
Time is hereby declared to be of the essence to the lawful performance
the duties and obligations contained in this Agreement. This Agreement
constitutes the entire agreement between the Developer and Trafalgar, on
the one hand, and the City, on the other hand, in respect of its subject
RLrBIN/SYS:~DMSI71982\07524\156576'03b 7
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matter, and supersedes all previous discussions, understandings and
agreements with respect to its subject matter. Amendments to and waivers
of the provisions of this Agreement shall be made by the parties only in
writing by formal amendment. The City, Trafalgar and Developer shall have
the right to enforce this Agreement by specific performance. If any
sentence, phrase, paragraph, provision or portion of this Agreement is for
any reason held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct and
independent provision and such holding shall not affect the validity of the
remaining portions hereof. At the request of the City, a Memorandum of
this Agreement will be entered into between the city and Trafalgar and
recorded against tile Residential Lands only, which Memorandum shall be
released promptly upon request at any time after the work contemplated to
be performed by Trafalgar hereunder has been completed.
IN WITNESS WHEREOF, the undersigned have caused this instrument to be
executed as of the day and date first above written.
WITNESSES: DEVELOPE~
Aventura Associates, Ltd., by
Aventura Inc., its general
partner
Sign Name:~. ~2~ ~-:: -? ~ . :~ By:
Print Name: ~; L'/~/~'~?' [/ /~,/~ ~L, Jeffrs Presiden~
Print Name: ~/t~/f]t:l~ t~<~ /~ ~ /~
(as to Developer) /
CITY:
Sign Name~ Q By:
Print Name: ~6~ ~ - $~ Print Name:
Sign Name: ,
Prin~ Name: ~fi~
(as to City) Approved as to legal fo~ and
sufficiency:
City Attorney
T~FALGAR:
T~FALGAR ASSOCIATES OF AVENT~A, LTD.,
by Trafalgar Associates of Aventura,
Inc., its general p~rtner
Sign Name:~amO~ ~' Ca~. By: - '
Print Name:~~ Print Name:
Title:
Sign N~m~/~/}~ ~~~
7/11/97
20 ACRE COM}~ERCIAL
A portion of DONN ACRES, according to the Plat thereof, as
recorded in Plat Book 76, at Page 30, of the Public Records of
Dads County, Florida, being more particularly described as
follows:
Commence at the Northeast corner of said Section 34, Township 51
South, Range 42 East; thence run South 1'59'03" East, along the
Easterly line of said Section 34, for 709.14 feet; ,t~.ence run
South 88'00'57" West for 40.00 feet; thence run South 88'26'03"
West for 1953.55 feet to the Point of Beginning, said Point of
Beginning bearing South 72'44'41" East from the center of the
next described circular curve; thence r~n Southwesterly, along a
circular curve to the right having for its elements a central
angle of 5'27'59" and a radius of 4752.05 feet, for an arc
distance of 453.~8 feet to a point of tangency; thence run South
22'43'18" West for 574.92 feet; thence run South 88'12'28" West
for 900.39 feet; thence run North 02'37'40" West for 53.70 feet;
thence run North 22'43'18" East for 899.97 feet to a point of
curvature; thence run Northeasterly, along a circular curve to
the left having for its elements a central angle of 00.57,39,' and
a radius of 3909.83 feet, for an arc distance of 65.57 feet to a
point of reverse curvature; thence run Northeasterly, along a
circular curve to the right having for its elements · central
angle of 66'40'24" and a radius of 25.00 feet, for an arc
distance of 29,09 feet to a point of tangency; thence r%ln North
88'26'03" East for 884.75 feet to the Point of Beginning
AND
'WESTERLY 5 ACRES"
A portion of DONN ACP~ES, accordi~g to the Plat thereof, as
recorded In Plat Book 76, at Page 30. of the Public Records of
Dads CoUnty, Florida, being more iparticularlY described as
followsl
Commence at the Northeast corner iof said Section 34, Township 51
South, Range .42 Ea_%~; .c_h~-nce ru3[iSouth 01~59'03" East, along the
Easterly line of said Section 34,: for 709.14 fee=; thence run
South 88000'57`' West for 40.00 feet; thence z-un South 88'26'03,.
West for 1729.66 feet to the Poiht of Beginning, said Point of
Beginning bearing South 73~32'11" East from the center of the
next ~entio~ed circular curve; thence run Southwesterly, along a
circular cut-ye to the right having for its elements a central
angle of 6°15'29" and a radius of 4964.09 feet, for an arc
dis~amce of 542.20 feet to a poiht of tangency; thence run South
22~43'18~ Wes~ for 481.87 feet; thence ~ South 88'12'28- west
for 233.05 feet; thence run North 22"43'18' East for 574.92 feet
to a point of curvature; thence ~-un Northeasterly, along a
circular curve to the left having for its elements a central
angle of 5e27'59. and a radius o~ 4752.05 feet, for a/% arc
distance of 453.38 feet; thence run North 88"26'03' East ~or
223.89 feet to the Point of Begi~nin?
LESS AND EXCEPT THE FOLLOWING TWO PARCELS:
Exhibit '*A"
(Paqe 1 of
11.18 acres REVISED TARGET TRACT
A portion of DONN ACRES, according to the Plat thereof, as recorded
in Plat Book 76, at Page 30, of the Public Record· of Dads County,
Florida, being more particularly described as follows:
Commence at the Northeast corner of Section 34, Township 51 South,
R~nge 42 East; thence run South 1°59'03" Bast, along the Easterly
line of said Section 34, for 709.14 feet; thence run South
88"00'57" West for 40.00 feet; thence run South 88"26'03" welt for
1729.66 feet to the Point of Beginning, said Point of Beginning
bearing South 73"32'11" East from the center of the next mentioned
circular curve; thence run Southwesterly, along a circular curve to
the right having for its elements a central angle of 6"15'29" and
· radius of 4964.09 feet, for an arc distance of 542.20 feet to a
point of tangency; thence run South 22"43'18" West for 481.87 feet;
thence run South 88"12'28" West for 443.74 feet; thence run North
1"47'32" West for 43.00 feet; thence run North 88"12'20" Bast for
36.85 feet; thence run North 22"12'20' Ease for 29.54 feet; thence
r~n North 88"12'28" East for 205.37 feet; thence run North
22"43'18" Bast for 173.32 feet; thence r~n South 67"16'42" Bast for
77.96 feet; thence run North 22"43'18" East for 54.35 feet; thence
x-u~ South 67"16'42" East for 12.00 feet; thence ru~ North 22"43'18"
East for 177.39 feet; thence run North 67"47'40" West for 67.44
feet; thence run North 22"12'20" East for 8.00 feet; thence run
North 67"47'40" West for 233.75 feet; thence run South 16°13'53"
West for 46.40 feet; thence run North 67"19'56" West for 454.63
feet; thence L-tin North 22"40'04" Bast for 172.71 feet; thence run
North 1"47'40" West for 114.53 feet; thence run North 88"26'03"
East for 96S.72 feet to the Point of Begiru~ing
CHABAD HOUSE
A PORT~ON O' %[d~ A, B ~D C, ~O~ ACRES, ACCORD~NG ~
THE Pi. AT THEREOF, AS RECORDED IN P~AT BOOK 76, AT PAGE
30, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF SECTION 34, TOWNSHIP
51 SOUTH, RANGE 42 lAST; THENCE RUN SOUTH 01"59'03' EAST,
AJ~ONG THE EASTERLY LINE OF SAID SECTION 34, FOR 659.14
FEET; THENCE RUN SOUTH 88a00'57" WEST FOR 40.00 FEET;
THENCE RUN SOU~Wd 01'59'03' EAST FOR 50.00 FE~T; THENCE
RUN SOUTH 88e26'03" WEST FOR 1953.55 FEET TO A POINT;
SAID POINT BEARING SOUTH 72e44'41' KA~T FROM THE CENTER
OF THE NEXT DESCRIBED CURVE; T~ENCE RUN SOUTHWESTERLY,
-ALONG A CIRCULAR CURVE TO THE RIGHT HAVING FOR ITS
ELEMENTS A CF, NTRAL ANGLE OF 05°27'59' AND A RADIUS OF
4752.05 FEET, FOR AN ARC DISTANCE OF 453.38 FEET TO A
POINT OF TARGENCY; THENCE RUN SOUTI{ 22e43'18" WBST FOR
574.92 FEET; THENCE RUN SOUTH 88e12'28" WEST FOR 265.99
FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH
88~12'28' WEST FOR 634.70 FEET; THENCE RUN NORTH 2"37'40'
WEST FOR 25.00 FEET; THENCE RUN NORTH 88e12'28' EAST FOR
634.57 FEET; THENCE RUN SOUTI{ 2"55'32' EAST FOR 25.00
FEET TO THE POINT OF B~GINNING.
Exhibit "A"
(Page 2 of 3)
AI,;;t~ I,I',.~.~ ~\NI) [~XCF:I?T '['[IIE I;'OI,[,I)W[N~; TWO I~AN(~'ki/,,S:
A portion of Tract A, BONN ACRES, according to the Plat thereof, as recorded in
Plat Book 76, at Page 30, of the Public Records of Dada County, Florida,
more particularly described as follows:
Commence at the Northeast carrier of said Section 54, Township 51 South, Range
42 East; Thence run South 0~'59'03" East, along the East line of said Section 34,
for 709.14 feet; Thence run South 88'00'57" West, for 40.00 feet to o parallel
line 709.41 feet South of the North line of said Section 54; Thence run South
88'26'05" West, on said parallel line, for ~729.66 feet to a point on a curve, said
point having a radial bearing of South 75'.52'11" East from the radius point of
the next described curve; Thence run Southwesterly along a circular curve to lhe
right, having a radius of 4964.09 feet, a central angle of 06'15'29', for an arc
distance of 542.20 feet to a point of tangency; Thence run South 22'43'18" West
for 481.87 feet; Thence run South 88'12'28" West for 498.74 feet; Thence run
North 02'55'52" West for 25.00 feet; Thence run South 88'12'28" West for
634.57 feet; Thence run North 02'.~7'40" West for 28.69 feet to a point on
Easl righl of way line of BISCAYNE BOULEVARD (State Rood No. 5) as shown on the
AMENDED STATE ROAD DEPARTMENT RIGHT OF WAY PLANS, ROAD NO. 4, Recorded in
Plat Book 34, Page 54A, Public Records, Dade County, Florida; Thence run North
22'43'18" East, along said right of way for 40.87 feet to the POINT OF BEGINI.IING,
the lost seven (7) courses being coincident with the boundary of proposed
AVENTURA COMMONS; Thence continue to run North 22'45'18" East, along said
right of way line for 196.20 feet; Thence run North 81'00'00" East for 69.98
feet; Thence run South 6T16'42" East for 129.50 feet; Thence run South
22'43'18" West for 15.90 feet; Thence run South 01'47'40" East for 153.46
feet; Thence run South 88'12'20" West for 189.77 feet; Thence run North
67'47'40" West for 80.05 feet to the POINT OF BEGINNING, also known as Tract "C"
of the proposed plat of AVENTURA COMMONS prepared by C.C.L. Consultants, Inc.
A portion of Tract A, BONN ACRES, according to the Plot thereof, as recorded in
Plot Book 76, at Page 50, of the Public Records of Dada County, Florida, being
more particularly described es follows:
Commence at the Northeast corner of said Section 54, Township 51 South, Range
42 East; Thence run South 01'59'03" East, along fha Easterly line of said Section
54, for 709.14 feet; Thence run South 88'00'57" West, for 40.00 feet fo a parallet
line 709.41 feet South of the North line of said Section 54; Thence run South
88'26'05" West, on said parallel tine, for 2695.58 feet fo the POINT OF BEGINNING;
Thence South 01'47'40" East, for 114.55 feet; Thence South 22'40'04' West, for
172.71 feet; Thence North 67'19'56" West, for 190.71 feet; Thence North 35'07'45"
East, for 44.57 feet fo a parallel line 11.00 feet Easterly of fha East Right-of-Way
llne of BISCAYNE BOULEVARD (State Road No. 5), os shown on the AMENDED STATE
ROAD DEPARTMENT RIGHT OF WAY PLANS, ROAD No. 4, recorded in Plat Book
Page 54A, of said Public Records; Thence North 22'4.~'18" East, on said parallel line,
for 86.00 feet to the beginning of a concentric curve 11.00 feet Easterly of said
East Right-of-Way line, said curve being concave to the Northwest having a radius
of 5920.85 feet; Thence Northerly, along said curve, through a central angle of
01'01'47", for 70.47 feet to the beginning of a curve concave to the Southeast
having a radius of 25.00 feet and a central angle of 66'44'52"; Thence Northeasterly
and Easterly, along said curve, for 29.12 feet fo said parallel line 709.41 feet South
of the North line of Section 34; Thence North 88'26'05" Eas~, on said parallel line,
for 150.94 feet fo fha POINT OF BEGINNING.
Said land also known as TRACT "I-E", of the proposed Plat of AVENTURA COMMONS,
City of Avenfura, Dade County, Florida.
ExhJ. bJ ~ "A" (pa~_~c~ 3 oF 3)
MATCH LINE Si-A II F O0
MATCH LINE STA. 16 + 50
MATCH LINE STA, 27 + 50
MATCH LINE SEE SHEET 10A OF 21
C.C.L. CONSULTANTS INC.
THIS DESCRIPTION
NOT TO SCALE
LEGAL DESCRIPTION: Roodwot Poccel
A portion of TRACTS A, B and C, DONN ACRES, according fo the Plat lhereof, as recorded
In Plot Book 76 at Page 30 of lhe Public Records of Dado Counly, Florida, said porlion
bong more padcuary described os follows:
Commencing of the NoHheasl corner of Section 34, Township 51 South, Range 42 East, in
sold Dado County; Thence Soulh 01'59'05" Easl, on lhe Easl llne of said Seclion 34, for
54~.55 feel fo fha POINT OF BEGINNING; Thence continue Soulh 01'59'05" East, on s~id
East line, for 117.40 feet to lhe NoHheasl corner of EXHIBIT "B" of that RIGHT OF WAY
DEED TO DADE COUNTY, as described and shown I~ Official Records Book 12159, af Page
560~ of said Public Records; Thence South 88'26'52" West, on lhe North line of said EXHIBIT
"B", for 40.00 feel 1o lhe Northwest corner of said EXHIBIT 'B"; Thence South 0~'59'03"
Eosf, on the Wesl linc of said EXHIBIT 'B" for 0.49 feet to a per, lei line 659.4~ feet
South of the North line of said Section 54; Thence Soulh 88'26'05' West, on sa~ ara e
line, for 624.04 feet lhe East line of s~ld TRACT A; Thence continue South 88'26 0~' Wast,
on said parallel line, for 2209.47 feel fo a poinl on ihe E~st Rlghl-of~W~y iine of
BISCAYNE BOULEVARD (Stale Road No, 5), ~s shown on lhe AMENDED STATE ROAD DEPARTMENT
RIGHT OF WAY P~NS, ROAD No, 4, recorded in PI~f Book 54, et Page 54A, of said Public
Records, said point being lhe beginning of a ~on-fangenl cu~e concave 1o lhe Northwest
C.C.L. CONSULTANTS INC.
ENGINEERS SURVEYORS PLANNERS
LANDSCAPE ARCRITECTS - ENVIRONMENTAL CONSULTANTS
having a radius of 3909.83 feet and to said point a radial line bears Soulh 69'16'26" East;
Thence Norlherly, on said Right-of-Way line, along said curve, through a cenJral angle of
02'21'50". for 161.:51 feet fo the point of cusp with a curve concave fo lhe Northeast having
a radius of 25.00 feet, a central angle of 88'53'56" and to said point a radial llne bears
North 71'$9'17" West; Thence Soulherly, Southeasterly and Easterly, along said curve, for
58.79 feet; Thence South 70'31'53" Eclsf, for 152.90 feet fo the beginning at a curve
concave to fha Norlh having a radius of 614.09 feet and a central angle of 21'02'04";
Thence Easterly, along said curve, for 225.44 feel to a parallel llne 629.41 feet $ou~h at
sald Nor/h line of Section 54; Thence North 88'26'05" East, on said parallel line, for 1792.04
feet to the West line of said TRACT B; Thence conlinue Nodh 88'26'03" East, on said parallel
line, for 457.05 feet to fha beginning of a curve concave fo fha North having a radius of
550.00 feet and a central angle of 57'54'58"; Thence Easterly and Northeasterly, along said
curve, for 216.43 feet; Thence North 50'51'25" East, for 51.85 feet to fha POINT Or BEGINNING.
Said lands confainlng 2.466 Acres, more or less.
Said ~ands lying and being In Dado County, Florida,
NOTES:
1. UNLESS IT BEARS THE SIGNATURE AND THE ORIGINAL RAISED 5. CCL CONSULTANTS, INC'S CERTIFICATE OF AUTHORIZATION No,
SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, THIS 5610, iS ISSUED BY THE FLORIDA DEPARTMENT OF BUSINESS
DRAWING, SKETCH. PL~T OR MAP JS FOR INFORMATIONAl_ AND PROFESSIONAL REGULATION.
PURPOSES ONLY AND IS NOT VAUD. ADDITIONS OR DELETIONS
C.C,L. CONSULTANTs INC.
NOTE: This is NOT (] skefch of survey!
I SCALE: 1'=150'
I POINT OF / m
[ Section 34-51--42
~ I ?.L~. / ~, , ~. ~u, u.~.~.? A C T ~D"
[ ~ POINT OF ~ '=. ',. ,,. YA
~ ~ BEGINNING
II~ Roadway Parcel
S88'26'OS"W
C.C.L CONSULTANTS INC.
ENGINEERS SURVEYORS PLANNERS
LANDSCAPE ARCHITECTS ' ENVIRONMENTAL CONSULTANTS
ORLANDO POMPANO BEACH MIAMI
NOTE: This is NOT d skefch of survey!
LEGEND
I
Jj!N88'26'03" E
80' 2229.09' Total
2855.51 ' Total
Center llne of Florida
Power & l ighl Co eosement
(O[~[J 5478, Pg 122, D.CR.)
I
REVISIONS DATE BY
C.C.L CONSULTANTS INC.
ORLANDO POMPANO BEACH MIAMI
NOTE: This is NOT o sketch of survey!
B ROWAR D COUNTY
'~o. D~'A D E C 0 U N T Y
m N88'26'03" E
sas'2~ ' 28ss.~'
ACRES TRACT A
CON
C.C.L SULTANTS INC.
NOTE: This Is NOT a sketch of survey!
LEGEND
R = 3909.83' A = 88'53'36~
: I
~- 0~'03'05" L : 161.31 / L 38,79' = 614.09'
~ ~ //
~ 0 P at Book 76, Page al Z: I:
/ /
To be furnished to and approved by the City Engineer promptly after
completion thereof.
Exhibit "E"
RUBIN/SyS:\DMS\71982~07524~156576.03b
7/11/97
To be furnished to and approved by the City Engineer promptly after
completion thereof.
Exhibit "F"
RUBIN/SYS:~DMS\71982\07524\156576.03b
7/11/97