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11-06-2007 City Commission Susan GottlUeb, Mayor A~ City of .rl.Ventura ~ o~" City ManaKCr Eric M. Soroka, ICMA-CM Zev Auerbach Bob Diamond Billy J od Teri Holzberg Michad Stern Luz Urbaez Weinberg City Clerk Teresa M. Soroka, MMC City Attorney Weiss Serota HeJlfman lPastoriza Cole & Boniske AGENDA NOVEMBER 6, 2007 Government Center 19200 West Country Club Drive Aventura, Florida 33180 1. CALL TO ORDER\ROLL CALL 2. PLEDGE OF ALLEGIANCE E 3. AGENDA: Request for Deletions/Emergency Additions 4. SPECIAL PRESENTATIONS: Employee Service Awards 5. 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: October 2, 2007 Commission Meeting October 18, 2007 Commission Meeting October 18,2007 Workshop Meeting B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA AUTHORIZING THE MAYOR TO ENDORSE THE ATTACHED MAYORS' GREEN CITY ACTION ACCORD AS ADOPTED BY THE BOARD OF DIRECTORS OF THE FLORIDA LEAGUE OF CITIES, INC.; AND PROVIDING AN EFFECTIVE DATE. C. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE AND APPLY FOR THE FEDERAL DRUG CONTROL AND SYSTEM IMPROVEMENT PROGRAM GRANT AVAILABLE THROUGH THE MIAMI-DADE COUNTY DEPARTMENT OF HUMAN SERVICES; TO APPLY FOR, RECEIVE, AND EXPEND $5,853 IN FEDERAL FUNDS FOR EXPANSION OF THE SCHOOL RESOURCE OFFICER Nowmber 6, 'JJXfI ()wmnilllim Meeting PROJECT; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. D. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE AND OTHERWISE ENTER INTO THAT AGREEMENT BETWEEN THE CITY OF AVENTURA AND THE STATE OF FLORIDA, OFFICE OF THE STATE ATTORNEY FOR THE ELEVENTH JUDICIAL CIRCUIT OF FLORIDA TO REIMBURSE THE STATE FOR THE COST OF STATE ATTORNEY PROSECUTION OF CERTAIN CRIMINAL VIOLATIONS OF THE CITY OF A VENTURA CODE; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. E. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING THAT CERTAIN "FIRST AMENDMENT TO AGREEMENT CONCERNING COMMERCIAL ADVERTISING SIGN" BETWEEN THE CITY OF AVENTURA AND CLEAR CHANNEL OUTDOOR, INC., PROVIDING AN AMENDMENT TO CERTAIN ADVERTISING RESTRICTIONS CONCERNING BILLBOARD BACK; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR EFFECTIVE DATE. F. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, 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. G. MOTION AUTHORZING THE APPROPRIATION OF UP TO $24,000 FOR THE PURCHASE OF WEAPONS FROM THE POLICE FORFEITURE FUND IN ACCORDANCE WITH THE CITY MANAGER'S MEMORANDUM. H. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT FOR BID NO. 08-10-12-2, CITY OF A VENTURA MAINTENANCE AND REPAIR FOR CITY ROADS AND STREETS TO ROGAR MANAGEMENT & CONSULTING 2 Nowmber 6, 'JJXfI CcIDmissim Meeting OF FLORIDA, MIGUEL LOPEZ JR., INC., AND RIC-MAN INTERNATIONAL, AT THE INDIVIDUAL BID PRICES AS CONTAINED IN EXHIBIT "A" ATTACHED; 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 A WARD; AND PROVIDING FOR AN EFFECTIVE DATE. I. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA, AMENDING ORDINANCE NO. 2006-13 WHICH ORDINANCE ADOPTED A BUDGET FOR THE 2006/2007 FISCAL YEAR BY REVISING THE 2006/2007 FISCAL YEAR OPERATING AND CAPITAL BUDGET AS OUTLINED IN EXHIBIT "A" ATTACHED HERETO; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS ORDINANCE; PROVIDING FOR AN EFFECTIVE DATE. 6. ZONING HEARINGS: QUASI-JUDICIAL PUBLIC HEARINGS - Please be advised that the following items on the Commission's agenda are quasi-judicial in nature. If you wish to object or comment upon any of these items, please infonn the Mayor when she requests public comments. An opportunity for persons to speak on each item will be made available after the applicant and staff have made their presentations on each item. All testimony, including public testimony and evidence, will be made under oath or affinnation. Additionally, each person who gives testimony may be subject to cross-examination. If you refuse either to be cross-examined or to be sworn, your testimony will be given its due weight. The general public will not be pennitted to cross-examine witnesses, but the public may request the Commission to ask questions of staff or witnesses on their behalf Persons representing organizations must present evidence of their authority to speak for the organization. Further details of the quasi-judicial procedures may be obtained from the Clerk. A. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA, APPROVING SIGN VARIANCES FOR MOUNT SINAI MEDICAL CENTER OF FLORIDA INC. TO PERMIT A SECOND WALL SIGN ON THE SOUTH BUILDING ELEVATION, WHERE ONE SIGN IS PERMITTED BY CODE; AND TO PERMIT A THIRD WALL SIGN ON THE NORTH BUILDING ELEVATION WHICH SIGN FACES AN ADJACENT RESIDENTIALLY ZONED PROPERTY LOCATED WITHIN 300 FEET OF THE ELEVATION, WHERE ONE WALL SIGN IS PERMITTED BY CODE AND NO WALL SIGN IS PERMITTED ON A BUILDING ELEVATION THAT FACES AN ADJACENT RESIDENTIALLY ZONED PROPERTY LOCATED WITHIN 300 FEET; ALL FOR PROPERTY LOCATED AT 2845 A VENTURA BOULEVARD, CITY OF A VENTURA; PROVIDING AN EFFECTIVE DATE. 3 Nowmber 6, 'JJXfI CcmDissim Meeting B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA, APPROVING SIGN VARIANCES FOR TURNBERRY ASSOCIATES AND A VENTURA MALL VENTURE TO PERMIT SIX DIRECTIONAL SIGNS CONT AINING NAMES OF TWO TENANTS OCCUPYING LESS THAN 100,000 SQUARE FEET OF TENANT SPACE WHERE THE CODE PERMITS DIRECTIONAL SIGNS LISTING THE NAMES OF TENANTS OCCUPYING 100,000 SQUARE FEET OR MORE; AND TO PERMIT A 75 SQUARE FOOT EXTERIOR WALL SIGN FOR AN INTERIOR MALL TENANT OCCUPYING LESS THAN 100,000 SQUARE FEET OF TENANT SPACE WITHOUT EXTERIOR ACCESS, WHERE THE CODE PERMITS A 500 SQUARE FOOT WALL SIGN FOR 100,000 SQUARE FOOT OR MORE TENANTS AND A 75 SQUARE FOOT WALL SIGN FOR TENANTS WITH EXTERIOR ACCESS; PROVIDING AN EFFECTIVE DATE. 7. ORDINANCES: FIRST READING/PUBLIC INPUT: None. 8. ORDINANCES: SECOND READING - PUBLIC HEARING: None. 9. RESOLUTIONS - PUBLIC HEARING: None. 10. REPORTS 11. PUBLIC COMMENTS 12. OTHER BUSINESS: None. 13. ADJOURNMENT SCHEDULE OF FUTURE MEETINGS/EVENTS COMMISSION WORKSHOP NOVEMBER 14,2007 2 P.M. This meeting is open to the public. In accordance with the Americans with Disabilities Act of 1990, all persons who are disabled and who need special accommodations to participate in this meeting because of that disability should contact the Office of the City Clerk, 305-466-8901, not later than two days prior to such proceeding. One or more mernbers of the City of Aventura Advisory Boards may be in attendance. Anyone wishing to appeal any decision made by the Aventura City Commission with respect to any matter considered at such meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Agenda items may be viewed at the Office of the City Clerk, City of Aventura Government Center, 19200 W. Country Club Drive, Aventura, Florida, 33180. Anyone wishing to obtain a copy of any agenda item should contact the City Clerk at 305-466- 8901. 4 ~ e. '.....,,"';.; MINUTES CITY COMMISSION MEETING OCTOBER 2, 2007 6 PM Aventura Government Center 19200 W. Country Club Drive Aventura, Florida 33180 1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Susan Gottlieb at 6:11 p.m. immediately following the Local Planning Agency meeting. Present were Commissioners Zev Auerbach, Bob Diamond, Teri Holzberg, Billy Joel, Luz Urbaez Weinberg, Vice Mayor Michael Stern, Mayor Gottlieb, 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: Led during LPA. 3. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: None. 4. SPECIAL PRESENTATIONS: None. 5. ELECTION OF VICE MAYOR: After motion made by Commissioner Joel, seconded by Commissioner Holzberg and unanimously passed, Bob Diamond was elected Vice Mayor for the next six-month period. 6. CONSENT AGENDA: Mr. Wolpin read the title to item 6-F. A motion to approve the Consent Agenda was offered by Commissioner Weinberg, seconded by Commissioner Joel, unanimously passed and the following action was taken: A. The following minutes were approved: September 10, 2007 Commission Meeting September 11, 2007 Commission Meeting September 19, 2007 Commission Meeting September 20, 2007 Workshop Meeting B. Resolution No. 2007-40 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AWARDING AND LETTING A TOWING CONTRACT TO SEA Y TOWING, INC. AND A BACK UP TOWING CONTRACT TO MIDTOWN TOWING OF MIAMI, INC.; AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACTS; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. C. Resolution No. 2007-41 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE AND OTHERWISE ENTER INTO THAT CERTAIN LIBRARY INTERLOCAL AGREEMENT, IN SUBSTANTIALLY THE FORM AS ATTACHED HERETO, BY AND BETWEEN THE CITY OF AVENTURA AND MIAMI-DADE COUNTY; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. D. Resolution No. 2007-42 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED AGREEMENT FOR THE BILLING OF STORMWA TER CHARGES BY AND BETWEEN THE CITY OF AVENTURA AND MIAMI-DADE COUNTY; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. E. Resolution No. 2007-43 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. F. The following ordinance was approved on first reading: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2007-13 WHICH ORDINANCE ADOPTED A BUDGET FOR THE 2007/2008 FISCAL YEAR BY REVISING THE 2007/2008 FISCAL YEAR OPERATING AND CAPITAL BUDGET AS OUTLINED IN EXHIBIT "A" ATTACHED HERETO; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS ORDINANCE; PROVIDING FOR AN EFFECTIVE DATE. 7. ZONING HEARINGS: None. 8. ORDINANCES: FIRST READING/PUBLIC INPUT: Mr. Wolpin read the following ordinance by title: 2 AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE CITY OF AVENTURA COMPREHENSIVE PLAN BY ADDING AN 'EDUCATION ELEMENT'; BY AMENDING POLICY 2.4 OF OBJECTIVE 2 OF THE CAPITAL IMPROVEMENT ELEMENT TO ADD LEVEL OF SERVICE STANDARDS FOR PUBLIC SCHOOLS AND FOR THE CITY OF EXCELLENCE SCHOOL; BY ADDING A NEW POLICY 4.18 OF OBJECTIVE 4 OF THE CAPITAL IMPROVEMENT ELEMENT TO ADOPT BY REFERENCE THE MIAMI DADE COUNTY PUBLIC SCHOOLS FACILITIES WORKPLAN; BY RENUMBERING POLICY 4.18 OF OBJECTIVE 4 OF THE CAPITAL IMPROVEMENT ELEMENT AND AMENDING THIS POLICY TO ADOPT BY REFERENCE THE CITY OF AVENTURA 2007/08-2011/12 CAPITAL IMPROVEMENT PLAN; BY AMENDING AND ADDING PUBLIC SCHOOL FACILITIES TO THE CONCURRENCY MANAGEMENT SECTION OF THE CAPITAL IMPROVEMENT ELEMENT; BY ADDING A NEW POLICY 1.21 TO OBJECTIVE 1 OF THE INTERGOVERNMENTAL COORDINATION ELEMENT TO COORDINATE THE ESTABLISHMENT OF LEVEL OF SERVICE STANDARDS FOR PUBLIC SCHOOL FACILITIES AND TO RENUMBER EXISTING POLICIES 1.21 THROUGH 1.24 INCLUSIVE OF THE INTERGOVERNMENTAL COORDINATION ELEMENT TO POLICIES 1.22 THROUGH 1.25 INCLUSIVE; 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, including the incorporation by reference into this hearing of all amendments and testimony, written and verbal, relative to this item given at the preceding Local Planning Agency meeting, was offered by Commissioner Stern and seconded by Commissioner Joel. Mayor Gottlieb opened the public hearing. There being no speakers, the public hearing was closed. The motion for approval passed unanimously by roll call vote. 9. ORDINANCES: SECOND READING: PUBLIC HEARING: Mr. Wolpin noted that the following items would be tabled after the public hearings to October 18, 2007 at 9 a.m. due to a technical error in the legal advertisement. A. Mr. Wolpin read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA; AMENDING THE CITY CODE BY AMENDING CHAPTER 31 "LAND DEVELOPMENT REGULATIONS", AT ARTICLE XI "DEVELOPMENT STANDARDS OF GENERAL APPLICABILITY", BY CREATING SECTION 31-242 "PUBLIC SAFETY RADIO SYSTEM PROTECTION"; TO PROTECT RADIO COMMUNICATIONS FOR PUBLIC SAFETY IN THE CITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; PROVIDING 3 FOR PENALTY; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Gottlieb opened the public hearing. There being no speakers, the public hearing was closed. A motion to table this matter to October 18, 2007 at 9 a.m. was offered by Commissioner Weinberg, seconded by Commissioner Auerbach and unanimously passed. B. Mr. Wolpin read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA; AMENDING THE CITY CODE BY AMENDING CHAPTER 48 "VEHICLES AND USE OF THE RIGHT OF WAY", BY CREATING ARTICLE III," DANGEROUS INTERSECTION SAFETY", PROVIDING FOR RECORDED IMAGE MONITORING AND ENFORCEMENT OF RED LIGHT INFRACTIONS, AND FOR RELATED PROCEDURES AND PROVISIONS; AMENDING CHAPTER 2 "ADMINISTRATION", ARTICLE V "CODE ENFORCEMENT", SECTION 2-348 "SCHEDULE OF CIVIL PENALTIES"; TO FACILITATE USE OF CODE ENFORCEMENT MECHANISM FOR DANGEROUS INTERSECTION SAFETY; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. Mayor Gottlieb opened the public hearing. There being no speakers, the public hearing was closed. A motion to table this matter to October 18, 2007 at 9 a.m. was offered by Commissioner Joel, seconded by Commissioner Holzberg and unanimously passed. 10. RESOLUTIONS - PUBLIC HEARING: None. 11. REPORTS: As presented. 12. PUBLIC COMMENTS: Bob Burroughs. 13. OTHER BUSINESS: None. 14. ADJOURNMENT: There being no further business to come before the Commission at this time, after motion made, seconded and unanimously passed, the meeting adjourned at 6:40 p.m. Teresa M. Soroka, MMC, City Clerk Approved by the Commission on Anyone wishing to appeal any decision made by the City Commission with respect to any matter considered at a meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. 4 A~ e. '...."", MINUTES CITY COMMISSION MEETING OCTOBER 18, 2007 9 AM Aventura Government Center 19200 W. Country Club Drive Aventura, Florida 33180 1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Susan Gottlieb at 9 a.m. Present were Commissioners Zev Auerbach, Bob Diamond, Teri Holzberg, Billy Joel, Luz Urbaez Weinberg, Vice Mayor Michael Stern, Mayor Gottlieb, 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. ORDINANCES: SECOND READING: PUBLIC HEARING: A. Mr. Wolpin read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA; AMENDING THE CITY CODE BY AMENDING CHAPTER 31 "LAND DEVELOPMENT REGULATIONS" , AT ARTICLE XI "DEVELOPMENT STANDARDS OF GENERAL APPLICABILITY", BY CREATING SECTION 31-242 "PUBLIC SAFETY RADIO SYSTEM PROTECTION"; TO PROTECT RADIO COMMUNICATIONS FOR PUBLIC SAFETY IN THE CITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR PENALTY; AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval, including the incorporation by reference into this hearing of all amendments and testimony, written and verbal, relative to this item given at the October 2, 2007 meeting was offered by Commissioner Joel and seconded by Commissioner Auerbach. Mayor Gottlieb opened the public hearing. There being no speakers, the public hearing was closed. The motion for approval passed unanimously by roll call vote and Ordinance No. 2007-14 was enacted. B. Mr. Wolpin read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA; AMENDING THE CITY CODE BY AMENDING CHAPTER 48 "VEHICLES AND USE OF THE RIGHT OF WAY", BY CREATING ARTICLE III," DANGEROUS INTERSECTION SAFETY", PROVIDING FOR RECORDED IMAGE MONITORING AND ENFORCEMENT OF RED LIGHT INFRACTIONS, AND FOR RELATED PROCEDURES AND PROVISIONS; AMENDING CHAPTER 2 "ADMINISTRATION", ARTICLE V "CODE ENFORCEMENT", SECTION 2-348 "SCHEDULE OF CIVIL PENALTIES"; TO FACILITATE USE OF CODE ENFORCEMENT MECHANISM FOR DANGEROUS INTERSECTION SAFETY; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. A motion for approval including the incorporation by reference into this hearing of all amendments and testimony, written and verbal, relative to this item given at the October 2, 2007 meeting was offered by Commissioner Weinberg and seconded by Commissioner Holzberg. Mayor Gottlieb opened the public hearing. There being no speakers, the public hearing was closed. The motion for approval passed unanimously by roll call vote and Ordinance No. 2007-15 was enacted. C. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2007-13 WHICH ORDINANCE ADOPTED A BUDGET FOR THE 2007/2008 FISCAL YEAR BY REVISING THE 2007/2008 FISCAL YEAR OPERATING AND CAPITAL BUDGET AS OUTLINED IN EXHIBIT "A" ATTACHED HERETO; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS ORDINANCE; PROVIDING FOR AN EFFECTIVE DATE. A motion for approval was offered by Commissioner Stern and seconded by Vice Mayor Diamond. Mayor Gottlieb opened the public hearing. There being no speakers, the public hearing was closed. The motion for approval passed unanimously by roll call vote and Ordinance No. 2007- 16 was enacted. 3. 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 9:06 a.m. Teresa M. Soroka, MMC, City Clerk Approved by the Commission on Anyone wishing to appeal any decision made by the City Commission with respect to any matter considered at a meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. 2 A~ - ~ MINUTES CITY COMMISSION WORKSHOP MEETING OCTOBER 18, 2007 Aventura Government Center 19200 W. Country Club Drive Aventura, Florida 33180 CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Susan Gottlieb at 9:06 a.m. following the 9 a.m. meeting. Present were Commissioners Zev Auerbach, Teri Holzberg, Billy Joel, Michael Stern, Luz Urbaez Weinberg (left the meeting at 10:25 a.m.), Vice Mayor Bob Diamond, Mayor Gottlieb, 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. Items discussed in the order as follows: 1. PROPOSED AMENDMENT TO BILLBOARD AGREEMENT: (City Manager) Due to a decline in the economy and thus the inability of Clear Channel to lease the subject billboard, Mr. Soroka discussed an option to expand the opportunity to lease the billboard. CITY MANAGER SUMMARY: Consensus to proceed and approve amendment to the subject agreement. 3. PROPOSED LDR AMENDMENT TO ADD DISPLAY SHOWROOMS AS A CONDITIONAL USE IN OFFICE PARK DISTRICT: (City Manager) Planning Director Joanne Carr discussed the proposed LOR amendment. CITY MANAGER SUMMARY: Consensus to proceed with first reading of proposed legislation. 4. PROPOSED LDR AMENDMENT TO PERMIT MECHANICAL PARKING: (City Manager): Ms. Carr discussed the proposed LOR amendment. A representative from Klaus Parking Systems Atlantic, Inc. provided photographs and discussed the system. Stanley Price, Esq. also addressed the Commission. CITY MANAGER SUMMARY: Consensus to proceed with first reading of proposed legislation. 2. AVENTURA ARTS AND CULTURAL CENTER UPDATE:(City Manager) The City's consultant, PGAL in association with William Rawn Associates Architects, provided an update on the proposed center. CITY MANAGER SUMMARY: No action necessary. 5. TRANSIT IMPACT FEE STUDY: (City Manager) Ms. Carr introduced Consultant Dr. James Nicholas who discussed his Traffic Impact Fee Study. CITY MANAGER SUMMARY: Consensus to proceed. 6. PROPERTY TAX REFORM UPDATE: (City Manager) Mr. Soroka provided update. CITY MANAGER SUMMARY: No action necessary. 7. 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 10:35 a.m. Teresa M. Soroka, MMC, City Clerk Approved by the Commission on Anyone wishing to appeal any decision made by the City Commission with respect to any matter considered at a meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. 2 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM DATE: October 3, 2007 TO: City Commission FROM: Eric M. Soroka, ICMA-CM, City SUBJECT: Resolution Authorizing the Mayor to Endorse the Green City Action Accord November 6,2007 City Commission Meeting Agenda Item 5'-6 Attached hereto is a Resolution authorizing the Mayor to endorse the Green City Action Accord as adopted by the Board of Directors of the Florida League of Cities, Inc. This matter was discussed at the September Workshop meeting. EMS/act Attachment CC01594-07 RESOLUTION NO. 2007-_ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE MAYOR TO ENDORSE THE ATTACHED MAYORS' GREEN CITY ACTION ACCORD AS ADOPTED BY THE BOARD OF DIRECTORS OF THE FLORIDA LEAGUE OF CITIES, INC.; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The Mayor is authorized to execute the attached Mayors' Green City Action Accord, as adopted by the Board of Directors of the Florida League of Cities, Inc., which pledges commitment to work within the City of Aventura to develop programs consistent with the Florida Green Building Coalition's Green City initiative that advance energy security and a better environment. Section 2. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner , who moved its adoption. The motion was seconded by Commissioner _, and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach Commissioner Teri Holzberg Commissioner Billy Joel Commissioner Michael Stern Commissioner Luz Urbaez Weinberg Vice Mayor Bob Diamond Mayor Susan Gottlieb Resolution No. 2007- Page 2 PASSED AND ADOPTED this 6th day of November, 2007. Susan Gottlieb, Mayor ATTEST: Teresa M. Soroka, MMC City Clerk Approved as to Form and Legal Sufficiency: H~ City Attorney MAYORS' GREEN CITY ACTION ACCORD Whereas, Florida's municipalities recognize the importance of developing and using alternative energies and reducing greenhouse gas emissions; and Whereas, success in pursuing the goals of alternative energy development and cleaner air will enhance America's energy security, improve our environment and provide Floridians with benefits from the economic activity associated with the new energy technologies; and Whereas, the State of Florida has recognized the significance of these issues by establishing the Florida Energy Commission as well as the Century Commission for a Sustainable Florida, which has recommended the state make energy security and greenhouse gas reduction a top priority; and Whereas, Florida Governor Charlie Crist has taken a leadership role in this effort by establishing the Energy Action Team to make recommendations on energy and environmental matters; and Whereas, the Florida Green Building Coalition, Inc., is an effort committed to the advancement of energy and environmental progress and is supported by diverse groups including the Sierra Club, the Audubon Society, River Watch, the Florida Solar Energy Center, the University of Florida Energy Extension and others; and Whereas, the Florida Green Building Coalition, Inc., has developed goals and standards for municipalities to pursue in order to promote alternative energies and a cleaner environment, with municipalities that achieve those standards being designated as Florida's "Green Cities"; and Whereas, the Florida Green City Local Government Standard defines those municipalities meeting the "Green City" designation as those which incorporate multiple environmental, ecological and sustainability features into their municipal functions, which features improve environmental performance beyond the minimum required by state and local environmental regulations; and Whereas, the Board of Directors ofthe Florida League of Cities recognizes the Green Cities initiative as a catalyst for assisting municipalities, the state and our nation in achieving goals for energy efficiency and environmental progress; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE FLORIDA LEAGUE OF CITIES, INe.: Section 1. That the Board of Directors of the Florida League of Cities commends Governor Charlie Crist and the State of Florida for leadership in advancing alternative energies and a cleaner environment, and commits to working with the Governor's Energy Action Team and the Florida Energy Commission on these important issues, with the objective of providing solutions at the municipal level that are voluntary, locally determined, economically feasible, and incentive-based; Section 2. That the Board of Directors of the Florida League of Cities endorses the Florida Green Building Coalition's "Green City" initiative as a voluntary means for municipalities to take positive steps toward improving and advancing our environmental quality and energy security; Section 3. That the Board of Directors of the Florida League of Cities hereby encourages municipalities to participate in the Green City initiative, and commits to assist Florida's municipalities in the development of programs that: achieve the Green City standards and designation; involve cost-efficient solutions; improve Florida's quality of life; and strengthen our economy; Section 4. That the Board of Directors of the Florida League of Mayors encourages the State of Florida and the National League of Cities to support the Florida Green Building Coalition, Inc., in the advancement and expansion of the Green City program in a manner that is economically feasible and which respects the diversity and home rule authority of Florida's municipalities. PASSED AND ADOPTED by the Board of Directors of the Florida League of Cities, Inc., this 17th Day of August 2007. Mayor's Green City Action Accord "Green Mayor" Support Statement The undersigned "Green Mayor" endorses the Mayor's Green City Action Accord adopted by the Board of Directors for the Florida League of Cities, Inc., on August 18, 2007 and by the Board of the Directors of the Florida League of Mayors, Inc. on August 17, 2007; and commits to work within his/her city to develop programs consistent with the Florida Green Building Coalition's Green City initiative, that advance energy security and a better environment. Signature ( Green Mayor) Mayor's Name City Date CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM DATE: October 11, 2007 TO: City Commission FROM: Eric M. Soroka, ICMA-CM, City M SUBJECT: Resolution Authorizing Execution of Federal Drug Control and System Improvement Program Grant to Fund School Resource Officer Programs November 6, 2007 City Commission Meeting Agenda Item S-G RECOMMENDATION It is recommended that the City Commission authorize the execution of the Federal Drug Control and System Improvement Program Grant document to fund the School Resource Officer programs at the Charter School. BACKGROUND The City has applied for and received a grant in the amount of $7,804 to fund various crime prevention program designed to educate the students and parents of the school. The grant provides $5,853 and the City is obligated to provide a match of $1,951. If you have any questions, please feel free to contact me. EMS/act Attachment CC01596-07 RESOLUTION NO. 2007-_ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE AND APPLY FOR THE FEDERAL DRUG CONTROL AND SYSTEM IMPROVEMENT PROGRAM GRANT AVAILABLE THROUGH THE MIAMI-DADE COUNTY DEPARTMENT OF HUMAN SERVICES; TO APPLY FOR, RECEIVE, AND EXPEND $5,853 IN FEDERAL FUNDS FOR EXPANSION OF THE SCHOOL RESOURCE OFFICER PROJECT; 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 Commission of the City of Aventura desires to accomplish the purpose outlined in the contract attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The City Manager is authorized to apply for funds in the approximate amount of $5,853 and execute such contracts and agreements as are required between Miami-Dade County and the City of Aventura to provide for expansion of services provided by the Community Drug & Crime Prevention School Resource Officer Program in substantially the form as attached hereto. Section 2. The City Manager is authorized to do all things necessary to carry out the aims of this Resolution. Section 3. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner _, who moved its adoption. The motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach Commissioner Teri Holzberg Commissioner Billy Joel Commissioner Michael Stern Commissioner Luz Urbaez Weinberg Vice Mayor Bob Diamond Mayor Susan Gottlieb Resolution No. 2007- Page 2 PASSED AND ADOPTED this 6th day of November, 2007. SUSAN GOTTLIEB, MAYOR ATTEST: TERESA M. SOROKA, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: Hfw\~ CITY ATTORNEY MIAMI-DADE COUNTY DEPARTMENT OF HUMAN SERVICES CONTRACT This Contract, made this day of 200_, by and between Miami-Dade County, a political subdivision of the State of Florida (hereinafter referred to as "County") through its Department of Human Services (hereinafter :referred to as "Department"), located at 2525 N.W. 62nd Street, Suite 4228 Miami, FL 33147, and the CITY OF AVENUTRA located in Miami-Dade County, Florida (hereinafter referred -to as "Provider"), provides the terms and conditions pursuant to which the Provider shall provide a School Resource Officer Project. WHEREAS, the County has been awarded federal funds from the Drug Control and System Improvement Formula Grant Program under Public Law 100-690, the Federal Anti-Drug Abuse Act of 1988, hereinafter referred to as the ACT; and WHEREAS, the Provider warrants and represents that it possesses the legal authority to enter into this Agreement by way of resolution, motion or similar action that has been duly adopted or passed as an official act of the Provider's governing body, authorizing the execution of the Contract, including all understandings and assurances contained herein, and authorizing the person identified as the official representative of the Provider to carry out on behalf of the Provider all of the duties and responsibilities set forth in this Contract; and WHEREAS, this Contract shall be deemed effective upon award of grant funds by the State of Florida Department of Law Enforcement, Office of Criminal Justice Grants to Miami-Dade County or when this Contract has been duly executed by both parties, whichever is later; and WHEREAS, the County is desirous of supporting an expansion of the services provided by the School Resource Officer Project by providing a portion of the federal funds awarded to Miami-Dade County to the School Resource Officer Project; and WHEREAS, the County as contractor/grantee for the State of Florida is authorized to purchase said services for the School Resource Officer Project .as an allowable activity under the ACT; and WHEREAS, the County requires the above-mentioned services from the Provider in order to fulfill its' contractual obligations under the aforementioned grant, NOW, THEREFORE, for and in consideration of the mutual covenants recorded herein, the parties hereto agree as follows: I. AMOUNT PAYABLE Subject to available funds, the maximum amount payable for services rendered under this Contract, shall not exceed $ 5,853. Both parties agree that should available County funding be reduced, the amount payable under this Agreement may be proportionately reduced at the option of the County. II. SCOPE OF SERVICES. The Provider agrees to render services in accordance with the Scope of Services incorporated herein and attached hereto as Attachment A. Created on 10/4/2007 10:16 AM Page 1 of 12 III. EFFECTIVE TERM. The effective term of this Agreement shall be from October 1,2007 through September 30, 2008. IV. CASH MATCH REQUIREMENT. The Provider shall maintain sufficient financial resources to meet the expenses incurred during the period between the provision of services and payment by the County, including the required 25% Cash Match, and provide all equipment and supplies required for the provision of services. V. REQUIREMENTS RELATED TO USE OF ANTI-DRUG ABUSE FUNDS UNDER THE DRUG CONTROL AND SYSTEM IMPROVEMENT PROGRAM A. Requirements of the Anti-DruQ Abuse Act. The Provider agrees to abide by all of the requirements of the Anti-Drug Abuse Act of 1988 under the Drug Control and System Improvement Formula Grant Program, including Rule Chapter9B-61 of the Florida Administrative Code. Furthermore, the Florida Department of Law Enforcement, Business Support Program, Office of Criminal Justice Grants, Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program Application for Funding Assistance and all laws, rules, regulations relating thereto are incorporated herein by reference as if fully set forth. B. Supplantinq. The Provider agrees that funds received under this Contract shall be utilized to supplement, not supplant state or local funds, and will be used to increase the amounts of such funds that would, in the absence of grant funds, be made available for anti- drug law enforcement activities, in accordance with Rule Chapter 9B-61.006 (5), Florida Administrative Code. VI. CONTINUITY OF SERVICES. Provider agrees to provide optimal continuity of services by assuring that services are provided by the same person whenever possible and, if not, by a qualified replacement when necessary. VII. PROGRAM CONTACT. Provider shall designate a contract coordinator who shall be responsible for: 1) monitoring the Provider's compliance with the terms of this Contract and; 2) whenever the County so requests, meeting with County staff to review such compliance. VIII. INDEMNIFICATION BY THE PROVIDER. The Provider shall indemnify and hold harmless the County and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorneys' fees and costs of defense, which the County or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of this Contract by the Provider or its employees, agents, servants, partners, principals or subcontractors. Provider shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the County, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may issue thereon. Provider expressly understands and agrees that any insurance protection required by this Contract or otherwise provided by Provider shall in no way limit the responsibility to indemnify, keep and save harmless and defend the County or its officers, employees, agents .and instrumentalities as herein provided. The provisions of this section or indemnification shall survive the expiration or termination of this Contract. Created on 10/4/2007 10;16 AM Page 2 of 12 IX. INSURANCE. If Provider is an agency or a political subdivision of the State as defined by section 768.28, Florida Statutes, the Provider shall furnish the County, upon request, written verification of liability protection in accordance with section 768.28, Florida Statutes. Nothing herein shall be construed to extend any party's liability beyond that provided in section 768.28, Florida Statutes. X. LICENSURE AND CERTIFICATION. The Provider shall ensure that all other licensed professionals providing School Resource Officer services shall have appropriate training and experience in the field in which he/she practices and abide by all applicable State and Federal laws and regulations and ethical standards consistent with those established for his/her profession. Ignorance on the part of the Provider shall in no way relieve it from any of its responsibilities in this regard. XI. CONFLICT OF INTEREST. The Provider agrees to abide by and be governed by Miami- Dade County Ordinance No. 72-82 (Conflict of Interest Ordinance codified at Section 2-11.1 et al. of the Code of Miami-Dade County), as amended, which is incorporated herein by reference as if fully set forth herein, in connection with its Contract obligations hereunder. XII. CIVIL RIGHTS. The Provider agrees to abide by Chapter 11A of the Code of Miami- Dade County ("County Code"), as amended, which prohibits discrimination in employment, housing and public accommodations; Title VII of the Civil Rights Act of 1968, as amended, which prohibits discrimination in employment and public accommodation; the Age Discrimination Act of 1975, 42 U.S.C., S 2000 d as amended, which prohibits discrimination in employment because of age; Section 504 of the Rehabilitation Act of 1973,29 U.S.C. S 794, as amended, which prohibits discrimination on the basis of disability; and the Americans with Disabilities Act, 42 U.S.C. S 12103 et seq., which prohibits discrimination in employment and accommodation because of disability. It is expressly understood that upon receipt of evidence of discrimination under any of these laws, the County shall have the right to terminate this Contract. It is further understood that the Provider must submit an affidavit attesting that it is not in violation of the Americans with Disability Act, the Rehabilitation Act, the Federal Transit Act, 49 U.S.C. S 1612, and the Fair Housing Act, 42 U.S.C. S 3601 et seq. If the Provider or any owner, subsidiary, or other firm affiliated with or related to the Provider, is found by the responsible enforcement agency, the Courts or the County to be in violation of these Acts, the County will conduct no further business with the Provider. Any contract entered into based upon a false affidavit shall be voidable by the County. If the Provider violates any of the Acts during the term of any Contract the Provider has with the County, such contract shall be voidable by the County, even if the Provider was not in violation at the time it submitted its affidavit. The Provider agrees that it is in compliance with the Domestic Violence Leave Ordinance, codified as S 11A-60 et seq. of the Miami-Dade County Code, which requires an employer, who in the regular course of business has fifty (50) or more employees working in Miami-Dade County for each working day during each of twenty (20) or more calendar work weeks to provide domestic violence leave to its employees. Failure to comply with this local law may be grounds for voiding or terminating this Contract or for commencement of debarment proceedings against Provider. XIII. NOTICES. Notice under this Contract shall be sufficient if made in writing and delivered personally or sent by mail or by facsimile to the parties at the following addresses or to such other address as either party may specify: Created on 10/4/2007 10:16 AM Page 3 of 12 If to the COUNTY: Miami-Dade County Department of Human Services 2525 NW 62nd Street, Suite 4228 Miami, Florida 33147 Attention: Ms. Michaela Doherty If to the PROVIDER: Aventura Police Department 19200 W. Country Club Drive Aventura, FL 33180 Attention: Chief Steven SteinQerg XIV. AUTONOMY. Both parties agree that this Contract recognizes the autonomy of and stipulates or implies no affiliation between the contracting parties. It is expressly understood and intended that the Provider is only a recipient of funding support and is not an agent or instrumentality of the County. Furthermore, the Provider's agents and employees are not agents or employees of the County. XV. BREACH OF AGREEMENT: COUNTY REMEDIES. A. Breach. A breach by the Provider shall have occurred under this Contract if: (1) The Provider fails to provide services outlined in the Scope of Services (Attachment A) within the effective term of this Contract; (2) the Provider ineffectively or improperly uses the funds allocated under this Contract; (3) the Provider fails to submit, or submits incorrect or incomplete proof of expenditures to support reimbursement requests or fails to submit or submits incomplete or incorrect detailed reports of expenditures or final expenditure reports; (4) the Provider does not submit or submits incomplete or incorrect required reports; (5) the Provider refuses to allow the County access to records or refuses to allow the County to monitor, evaluate and review the Provider's program; (6) the Provider discriminates under any of the laws outlined in Section XII of this Contract; (7) the Provider fails to provide Domestic Violence Leave to its employees pursuant to local law; (8) the Provider falsifies or violates the provisions of the Drug Free Workplace Affidavit (Attachment D); (9) the Provider attempts to meet its obligations under this Contract through fraud, misrepresentation or material misstatement; (10) the Provider fails to correct deficiencies found during a monitoring, evaluation or review within the specified time; (11) the Provider fails to meet any of the terms and conditions of the Miami- Dade County Affidavits (Attachment D); (12) the Provider fails to meet any of the terms and conditions of any obligation under any contract or otherwise or any repayment schedule to any of its agencies or instrumentalities; or (13) the Provider fails to fulfill in a timely and proper manner any and all of its obligations, covenants, agreements and stipulations in this Contract. Waiver of breach of any provisions of this Contract shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Contract. B. County Remedies. If the Provider breaches this Contract, the County may pursue any or all of the following remedies: 1. The County may terminate this Contract by giving written notice to the Provider of such termination and specifying the effective date thereof at least five (5) days before the effective date of termination. In the event of termination, the County may: (a) Created on 10/4/2007 10:16 AM Page 4 of 12 request the return of all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports prepared and secured by the Provider with County funds under this Contract; (b) seek reimbursement of County funds allocated to the Provider under this Contract; (c) terminate or cancel any other contracts entered into between the County and the Provider. The Provider shall be responsible for all direct and indirect costs associated with such termination, including attorney's fees; 2. The County may suspend payment in whole or in part under this Contract by providing written notice to the Provider of such suspension and specifying the effective date thereof, at least five (5) days before the effective date of suspension. If payments are . suspended, the County shall specify in writing the actions that must be taken by the Provider as condition precedent to resumption of payments and shall specify a reasonable date for compliance. The County may also suspend any payments in whole or in part under any other contracts entered into between the County and the Provider. The Provider shall be responsible for all direct and indirect costs associated with such suspension, including attorney's fees; 3. . The County may seek enforcement of .this Contract including but not limited to filing action with a court of appropriate jurisdiction. The Provider shall be responsible for all direct and indirect costs associated with such enforcement, including attorney's fees; 4. The County may debar the Provider from future County contracting; 5. If, for any reason, the Provider should attempt to meet its obligations under this Contract through fraud, misrepresentation or material misstatement, the County shall, whenever practicable terminate this Contract by giving written notice to the Provider of such termination and specifying the effective date thereof at least five (5) days before the effective date of such termination. The County may terminate or cancel any other contracts which such individual or entity has with the County. Such individual. or entity shall be responsible for all direct or indirect costs associated with such termination or cancellation, including attorney's fees. Any individual or entity who attempts to meet its contractual obligations with the County through fraud, misrepresentation or material misstatement may be disbarred from County contracting for up to five (5) years; 6. Any other remedy available at law or equity. C. The County Manager is authorized to terminate this Contract on behalf of the County. D.' Damaqes Sustained. Notwithstanding the above, the Provider shall not be relieved of liability to the County for damages sustained by the County by virtue of any breach of the Contract, and the County may withhold any payments to the Provider until such time as the exact amount of damages due the County is determined. The Provider shall be responsible for all direct and indirect costs associated with such action, including attorney's fees. XVI. TERMINATION BY EITHER PARTY. Both parties agree that this Contract may be terminated by either party hereto by written notice to the other party of such intent to terminate at least sixty (60) days prior to the effective date of such termination. The County Manager is authorized to terminate this Contract on behalf of the County. Created on 10/4/2007 10:16 AM Page 5 of 12 XVII. PROJECT BUDGET AND PAYMENT PROCEDURES. The Provider agrees that all expenditures or costs shall be made in accordance with the Budget which is attached herein and incorporated hereto as Attachment B. A. Budqet Variance. Funds may be shifted between approved line items, not to exceed fifteen percent (15%) of the total budget, without a written amendment. Variances greater than fifteen percent (15%) in any approved line item shall require a written amendment approved by the Department. B. Recapture Funds. At the conclusion of the third quarter and upon submission of the Quarterly Performance Report and Invoice, the County will review the Provider's Year- To- Date expenditures. 1. Municipalities reporting remaining balances which exceed expenditure levels for normal program operations must submit a plan with the Third Quarter Report which documents those steps the municipality will take in the Fourth Quarter to fully expend the contract by the end of the program year. 2. This expenditure plan must be approved by the County. 3. Where the municipality does not anticipate full expenditures by the end of the program year, the County will recapture the anticipated unexpended amount for use in another program, without a formal amendment process. C. Payment Procedures. The County agrees to pay the Provider for services rendered under this Contract based on the line item budget incorporated herein and attached hereto as Attachment B. The parties agree that this is a cost-basis Contract and the Provider shall be paid through reimbursement payment for allowable expenses on the budget approved under this Contract (see Attachment B). The Provider agrees to invoice the County for each School Resource Officer Project using the Quarterly Project Performance Report & Invoice as it appears in Attachment C, and to do so on a quarterly basis, as stated in Section XIX. B.1. The Quarterly Project Performance Report & Invoice shall be prepared in a manner in accordance with the form provided in Attachment C. The final Quarterly Project Performance Report & Invoice shall be submitted by October 15, 2008. D. The Provider agrees to mail all invoices to the address listed above, Section XIII. E. The County agrees to review invoices and to inform the Provider of any questions. Payments shall be mailed to the Provider by the County's Finance Department. F. No payment of subcontractors. In no event shall county funds be advanced directly to any subcontractor hereunder. XVIII. INVENTORY - CAPITAL EQUIPMENT AND REAL PROPERTY. A. Acquisition of Property. The Provider is required to be prudent in the acquisition and management of property with federal funds. Expenditure of funds for the acquisition of new property, when suitable property required for the successful execution of projects is already available within the Provider organization, will be considered an unnecessary expenditure. Created on 10/4/2007 10:16 AM Page 6 of 12 B. Screeninq. Careful screening should take place before acquiring property in order to ensure that it is needed with particular consideration given to whether equipment already in the possession of the Provider organization can meet identified needs. While there is no prescribed standard for such review, the Provider procedures may establish levels of review dependent on factors such as the cost of the proposed equipment and the size of the Provider organization. The establishment of a screening committee may facilitate the process; however, the Provider may utilize other management techniques which it finds effective as a basis for determining that the property is needed and that it is not already within the Provider's organization. The County must ensure that the screening referenced above takes place and that the Provider has an effective system for property management. The Provider is hereby informed that if the County is made aware that the Provider does not employ an adequate property management system, project costs associated with the acquisition of the property may be disallowed. C. Loss, Damaqe or Theft of Equipment. The Provider is responsible for replacing or repairing the property which is willfully or negligently lost, stolen, damaged or destroyed. Any loss, damage, or theft of the property must be investigated and fully documented and made part of the official project records. D. Equipment Acquired with Crime Control Act Block/Formula Funds. Equipment acquired shall be used and managed to ensure that the equipment is used for criminal justice purposes. E. Manaqement. The Provider's procedures for managing equipment (including replacement), whether acquired in whole or in part with project funds, will, at a minimum, meet the following requirements: 1) Property records must be maintained which include description of property, serial number or other identification number, source of the property, identification of who holds the title, acquisition date, costs of the property, percentage of County participation in the cost of the property (Federal funds), location of property, use and condition of the property, disposition data including the date of disposal and sale price; 2) a physical inventory of the property must be taken and the results reconciled with the property records at least once every 2 years; 3) a control system must exist to ensure adequate safeguards to prevent loss, damage or theft of the property. Any loss, damage, or theft shall be investigated by the Provider as appropriate; 4) adequate maintenance procedures must exist to keep the property in good condition; and 5) if the Provider is authorized or required to sell the property, proper sales procedures must be established to ensure the highest possible ret"urn. F. Retention of Property Records. Records for equipment, nonexpendable personal property, and real property shall be retained for a period of 3 years from the date of the disposition or replacement or transfer at the discretion of the County. If any litigation, claim, or audit is started before the expiration of the 3-year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. XIX. RECORDS, REPORTS, MONITORING AUDITS, AND EVALUATION STUDIES. The Provider shall keep records of program services in sufficient detail to provide any reports that may be requested by the County. A. Records. All program records will be retained by the Provider for not less than three (3) years beyond the term of this Agreement. In accordance with contract requirements Created 011 10/4/2007 10:16 AM Page 7 of 12 from the State of Florida, records for the School Resource Officer Project services must reflect: 1. The names of staff providing services as described in Attachment A. 2. The dates and number of hours the staff provided services. 3. The dates of services and activities and the names of program participants in attendance to such as described in Attachment A. 4. The records of all other program services provided under this Agreement. B. Reportinq Requirements. 1. Quarterly Proiect Performance Report and Invoice. The Provider shall submit the Quarterly Project Performance Report and Invoice to the Department of Human Services by January 15, April 15, July 15, and October 15, 2008 covering the Agreement activity for the previous quarter. The Quarterly Project Performance Report and Invoice shall be submitted in the format and using the form attached hereto as Attachment C. 2. Other Required Reports. The Provider shall submit other reports as may be required by the Department of Human Services during the program year. C. Chanqes to Reportinq Requirements. The Provider understands that the County may at any time require changes in data collected, records or reporting, as may be necessary and agrees to comply with any such modifications. D. Monitorinq and Audit. The Provider shall make available for review, inspection, monitoring or audit by the County without notice during normal business hours all financial records and other program records and documents which relate to or have been produced or created as a result of this Agreement. The Provider shall provide assistance as may be necessary to facilitate a financial/program audit when deemed necessary by the County to ensure compliance with applicable accounting and financial standards. The County reserves the right to require the Provider to submit to an audit of the County's choosing. Furthermore, the Provider understands, it may be subject to an audit, random or otherwise, by the Office of the Dade County Inspector General or independent private sector inspector general retained by the Office of the Inspector General. E. Office of Miami-Dade County Inspector General. Miami-Dade County has established the Office of the Inspector General, which is empowered to perform random audits on all County contracts throughout the duration of each contract. Grant recipients are exempt from paying the cost of the audit, which is normally 1/4 of 1 % of the total contract amount. The Miami-Dade County Inspector General is authorized and empowered to review past, present and proposed County and Public health Trust Programs, contracts, transactions, accounts, records, and programs. In addition, the Inspector General has the power to subpoena witness, administer oaths, require the production of records and monitor existing projects and programs. Monitoring of an existing project or program may include a report concerning whether the project is on time, within budget and in' compliance with plans, specifications and applicable law. Created on 10/4/2007 10:16 AM Page 8 of 12 The Inspector General is empowered to analyze the necessity of and reasonableness of proposed change orders to the Contract. The Inspector General is empowered to retain the services of independent priva~e sector inspectors general to audit, investigate, monitor, oversee, inspect and review operations, activities, performance and procurement process including but not limited to project design, bid specifications, proposal submittals, activities of the Provider, its officers, agents and employees, lobbyists, County staff and elected officials to ensure compliance with contract specifications and to detect fraud and corruption Upon ten (10) days prior written notice to the Provider from the Inspector General or IPSIG retained by the Inspector General, the Provider shall make all requested records and documents available to the Inspector General or IPSIG for inspection and copying. The Inspector General and IPSIG shall have the right to inspect and copy all documents and records in the Provider's possession, custody or control which, in the Inspector General or IPSIG's sole judgment, pertain to performance of the contract, including, but not limited to original estimate files, change order estimate files, worksheets, proposals and Contracts from and with successful and unsuccessful subcontractors and suppliers, all project-related correspondence, memoranda, instructions, financial documents, construction documents, proposal and contract documents, back-charge documents, all documents and records which involve cash, trade or volume discounts, insurance proceeds, rebates, or dividends received, payroll and personnel records, and supporting documentation for the aforesaid documents and records. The provisions in this section shall apply to the Provider, its officers, agents, employees, subcontractors and suppliers. The Provider shall incorporate the provisions in this section in all subcontracts and all other Contracts executed by the Provider in connection with the performance of the contract. Nothing in this contract shall impair any independent right of the County to conduct audit pr investigative activities. The provisions of this section are neither intended nor shall they be construed to impose any liability on the County by the Provider or third parties. F. Independent Private Sector Inspector General Reviews. Pursuant to Miami- Dade County Administrative Order 3-20, the Provider is aware that the County has the right to retain the services of an Independent Private Sector Inspector General ("IPSIG"), whenever the County deems it appropriate to do so. Upon written notice from the County, the Provider shall make available to the IPSIG retained by the County, all requested records and documentation pertaining to this agreement for inspection and copying. The County shall be responsible for the payment of these IPSIG services, and under no circumstances shall the Provider's budget and any changes thereto approved by the County, be inclusive of any changes relating to these IPSIG services. The terms of this proVIsion herein, apply to the Provider, its officers, agents, employees, subconsultants and assignees. Nothing contained in this provision shall impair any independent right of the County to conduct an audit or investigate the operations, activities and performance of the Provider in connection with this Contract. The terms of this Section shall not impose any liability on the County by the Provider or any third party. G. Evaluation Studies. The Provider agrees to participate in evaluation studies sponsored by the administrative agent for these funds from the Florida Department of Law Enforcement, Business Support Program, Office of Criminal Justice Grants. This participation shall at a minimum include access to the Provider's premises and records. Created on 10/4/2007 10:16 AM Page 9 of 12 XX. PROHIBITED USE OF FUNDS. A. Adverse Actions or Proceedinq. The Provider shall not utilize County funds to retain legal counsel for any action or proceeding against the County or any of its agents, instrumentalities, employees or officials. The Provider shall not utilize County funds to provide legal representation, advice or counsel to any client in any action or proceeding against the County or any of its agents, instrumentalities, employees or officials. B. Reliqious Purposes. County funds shall not be used for religious purposes. C. Comminqlinq Funds. The Provider shall not commingle funds provided under this Contract with funds received from any other funding sources. XXI. MISCEllANEOUS. A. Contract. This Contract is the complete and exclusive statement of all the arrangements between the County and the Provider regarding provision of the services described in Attachments A and B. Nothing herein shall alter, affect, modify, change or extend any other agreement between the Provider and the County unless specifically stated herein. B. Amendments and Modifications. Except as otherwise enumerated herein, no amendment to this Contract shall be binding on either party unless reduced to writing, signed by both parties, and approved by the County Manager. Provided, however, that the County may effect amendments to this Contract without the written consent of the Provider, to conform this Contract to changes in the laws, directives, guidelines, and objectives of County, State and Federal Governments. Any alterations, variations, amendments, or other modifications of this Contract, including but not limited to amount payable and effective term, shall only be valid when they have been reduced to writing, duly approved and signed by both parties and attached to the original of this Contract. The County and Provider mutually agree that amendments of the Scope of Service, line item budget of more than fifteen percent (15%) of the total budget set forth herein and other such revisions my be negotiated as written amendment to this Contract between the parties. The County Manager is authorized to make amendments to this Contract as described herein on behalf of the County. C. Ownership of Data and Other Material. All reports, information documents, tapes and recordings, maps and other data and procedures developed, prepared, assembled or completed by the Provider in connection with the duties and responsibilities undertaken by the Provider in accordance with the terms of this Contract shall become the property of the County without restriction, reservation or limitation of their use and shall be made available to the County by the Provider at any time upon request by the County. Upon completion of all work contemplated under this Contract, copies of all of the above data shall be delivered to the County upon request. D. Contract Guidelines. This Contract is made in the State of Florida and shall be governed according to the laws of the State of Florida. Proper venue for this Contract shall be Miami-Dade County, Florida. Created on 10/4/200710:16 AM Page 10 of 12 E. Publicity. It is understood and agreed between the parties hereto that this Provider is funded by Miami-Dade County. Further, by acceptance of these funds, the Provider agrees that events and printed documents funded by this Contract shall recognize the funding source as follows: This program was supported by a grant awarded to the Miami-Dade County Department of Human Services, the Florida Department of Law Enforcement (FDLE) and the U.S. Department of Justice, Bureau of Justice Assistance (BJA). F. Subcontracts. The Provider agrees not to enter into subcontracts, retain consultants, or assign, transfer, convey, sublet, or otherwise dispose of this Contract, or any or all of its rights, title or interest herein, or its power to execute such Contract without the prior written approval of the County and that all subcontractors or assignees shall be governed by the terms and conditions of this Contract. If this Contract involves the expenditure of $100,000 or more by the County and the Provider intends to use subcontractors to provide the services listed in the Scope of Services (Attachment A) or suppliers to supply the materials, the Provider shall provide the names of the subcontractors and suppliers on the form attached as Attachment E. The Provider agrees that it will not change or substitute subcontractors or suppliers from those listed in Attachment E without prior written approval of the County. G. Headinqs, Use of Sinqular and Gender. Paragraph headings are for convenience only and are not intended to expand or restrict the scope or substance of the provisions of this Contract. Wherever used herein, the singular shall include the plural and plural shall include the singular and pronouns shall be read as masculine, feminine or neuter as the context requires. H. Total of Contract/Severability of Provisions. This twelve (12) page Contract with its recitals on the first page of the Contract and with its attachments as referenced below contain all the terms and conditions agreed upon by the parties: Attachment A: Attachment B: Attachment C: Attachment 0: Attachment 01 : Attachment 02: Attachment 03: . Attachment E: Scope of Services Budget Quarterly Project Performance Report & Invoice Miami-Dade County Affidavits Code of Business Ethics Miami-Dade County Debarment Disclosure Affidavit State Public Entities Crime Affidavit Provider's Disclosure of Subcontractors and Suppliers No other Contract, oral or otherwise, regarding the subject matter of this Contract shall be deemed to exist or bind any of the parties hereto. If any provision of this Contract is held invalid or void, the remainder of this Contract shall not be affected thereby if such remainder would then continue to conform to the terms and requirement of applicable law. Created on 10/412007 10:16 AM Page 11 of 12 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed by their respective and duly authorized officers, the day and year first above written. Sig nature Name (typed) ATTEST: By: ATTEST: HARVEY RUVIN, CLERK By: DEPUTY CLERK Created on 10/4/2007 10:16 AM Title By: (Corporate Seal) MIAMI-DADE COUNTY, FLORIDA By: GEORGE M. BURGESS COUNTY MANAGER Page 12 of 12 ATTACHMENT A ATTACHMENT B ATTACHMENT C ATTACHMENT D ATTACHMENT 01 ATTACHMENT 02 A IT ACHMENT 03 ATTACHMENT E SUMMARY OF ATTACHMENTS Scope of Services! Program Narrative Program Budget Quarterly Project Performance Report & Invoice Miami-Dade County Affidavits Code of Business Ethics Miami-Dade County Debarment Disclosure Affidavit State Public Entities Crime Affidavit Provider's Disclosure of Subcontractors and Suppliers ATTACHMENT A PROGRAM NARRATIVE Jurisdiction Name: AVENTURA Contact Person: Sgt. Andrew R. Smith Address: 19200 W. Country Club Dr., Aventura, FL 33180 Contact Numbers: 466-8141 Office 466-2895 Fax Program Area: School Resource Officer (07 A) Program Dates: 10/01107 through 09/30/08 Program Name: School Resource Officer Target Population: School Age Youth Problem Identification Since it's inception in November 1995, the city of Aventura has grown tremendously. With that growth, a change in the demographics also occurred. Aventura went from a predominantly elderly or retiree community to one that now includes a large number of young families. Currently the police department provides services to their youth at neighboring community schools. The Aventura Charter Elementary School was the first public school in our city, for students grades K-5. The Aventura Charter Middle School services student's grades 6-9. It's the police department's objective to provide a safe drug free environment to these and all students in Aventura, and surrounding public schools. A School Resource Officer is assigned for the sole purpose of providing a safe, drug free learning environment at the charter schools. Proqram Description The presence of a School Resource Officer will provide a number of benefits in the charter school. Besides offering protection for the school and students, the presence of the SRO will serve as a deterrent to unwanted intruders. Additionally, in-service orientations will be provided to school staff and teachers along with presentations for parents at monthly Parent Teacher Association meetings. The SRO will become a familiar face in classrooms while conducting classes on safety, crime prevention, and conflict management. In addition, Aventura's SRO will implement an after-school training program designed to empower its youth. This victim empowerment program, called Resisting Aggression Defensively, includes a 5 class curriculum on aggression training techniques. It is intended to promote safety and awareness for youth in everyday surroundings. The RADKid curriculum is structured to address self defense and self awareness in today's youth. In addition it provides youth with healthy techniques on how to deal with aggression. Curriculum materials include training gear, i.e. helmets, elbow and knee pads and floor mats. Each kit includes gear for four youth and one instructor package. The above is just a few of the many services that will be available in this new charter school. Other services will include DARE classes, Red Ribbon activities, a mentoring program and a host of other services for these school age kids. The G.R.A.D.E. program educates students in both gang, and drug resistance. Grant funds will be used to purchase program supplies needed to support program activities. Year One Activities/Accomplishments & Unmet Needs (2003-2004) This grant year has proven to be a great success. With the local elementary school, ACES, the SRO unit has provided services to more than 800 students. Although most of the schools Aventura provides services for are outside of their city limits, their SRO's have conducted in-service orientations, counseling sessions for students and parents, and prevention education classes. The department reports an overwhelming response to their programs including the newly created after school RADKid program. In the upcoming year, Aventura will continue with its program much like it is structured currently. Officers will create a Youth Crime Watch Program on the ACES campus. To meet the demands of the added student population at the middle school, an SRO officer will be assigned to this site. The department will train an additional officer for their RADKID program and use grant funds to provide for the supplies and equipment used in all their SRO activities. Year Two Activities/Accomplishments & Unmet Needs (2004-2005) Since it's incorporation in November 1995 growth in the city of Aventura has been dramatically influenced IJy the influx of young families. Along with the demographic makeup, the city that once had no schools in their city limits will soon have a new middle school. Currently, the department provides services to their local schools using two SRO officers. During the new grant year, Aventura will use one of these officers in the new middle school, serving an additional 300 students. While the primary focus will be to provide protection for students, SRO officers will continue to provide prevention education classes, in service orientations, and counseling for parents. Core services the two elementary schools will not be affected, by the additional community needs. Officers will be a visible force on campus, while providing support and guidance through a number safety and prevention programs, including the RadKid curriculum, during the upcoming grant year. Grant funds will be used to provide for program supplies and equipment for proposed activities. Year Three Activities/Accomplishments & Unmet Needs (2005-2006) During this grant year SRO services were expanded to the newly built Middle School in Aventura. The non-traditional ACES campus, houses both elementary and middle school buildings. Currently the middle school is only open to one grade level and will integrate a second grade level in the upcoming school year. With that, the student population is expected to increase by an additional 100 students. The two SRO officers presently assigned to the city's two schools provide educational presentations, counseling and participate in numerous school activities throughout the grant year. In the upcoming year the challenge will be to continue providing services at the current level with the increased number of students. In the 2006/2007 grant year, JAG funds will be used to provide the same services to all of the students including prevention education classes, counseling for both parents and students, in-service orientations and the very popular RADKid curriculum. Program dollars will be used to purchase program supplies, equipment and SRO uniforms. Additionally, program dollars will be used to purchase a camcorder used to film the final class of each RADKid course. As a requirement of the parent program, it is necessary to video record the final class, where children demonstrate an understanding of each of the learned techniques throughout the course. This is done for liability purposes and to insure that they course is being taught properly. Year Four Activities/Accomplishments & UnmetNeeds (2006-2007) During this grant year SRO services increased at the Aventura Middle School. The non-traditional ACES campus, which incorporates two large school buildings in one, required addition resources this year. In addition to assigned SRO officers, traffic control officers and crime prevention officers helped make certain the needs of the school and children were met. The collaborative efforts of all the officers provided for a safer school environment, crime prevention education, counseling and participation in school events. As the school continues, so does the student population. According to school personnel, they are has been an increase of 750 students this past year, with anticipation of at least 100 more. Additionally, plans are underway to incorporate high school grade levels in the future. The Aventura police department will continue their much needed services at the ACES campus. Officers will continue to providing crime prevention education, counseling for students and parents, and RADKid classes throughout the program year. JAG funds will be used to purchase program supplies for the activities during the year. These include new uniforms for the two assigned SRO officers. Uniforms include a short, shorts and shoes for the officers. New car signage for these officers is also requested to promote safety, awareness and a police presence on the school grounds. Due to the population growth at this school, officers will need to provide presentations to larger groups. They wish to purchase a laptop computer to be used with a projector to accommodate these types of events. Grant funds will also be sued to purchase computer software, printed materials, and educational videos to facilitate educational sessions. Jurisdiction Name: AVENTURA Contact Person: Sgt. Andrew R. Smith Address: 19200 W. Country Club Dr., Aventura, FL 33180 Contact Numbers: 466-8141 Office 466-2895 Fax Program Area: School Resource Officer (07 A) Program Dates: 10/01/07 through 09/30/08 Program Name: School Resource Officer Target Population: School Age Youth Proposed Activities Planned Measures Monitorinq Plan 07 A.04 Provide 30 counseling School Resource Officer to Program Plan and Activity sessions for students during conduct: Schedule. the grant year. I n-service orientations Crime prevention classes Meeting announcements, 07 A05 Provide 15 counseling Parent counseling attendance records, etc. sessions for parents during sessions the grant year. Participant list and meeting Mc Gruff presentations attendance records 07 A.07 Conduct 60 crime Video presentations prevention class presentations Multi Media presentations Copies of invoices for during the grant year. Red Ribbon Activities. materials purchased. I RADKID presentations 07 A08 Attend 8 in school Safety Patrol/ Youth Crime special events during the Watch grant year. D.AR.E. Programs G.R.AD.E. Programs 07 A.1 0 Provide 12 in-service AS.A.P. Programs orientations to school Canine Presentations teachers during the grant Youth Affairs Unit year. Sqt. Andrew R. Smith, APD Michaela Doherty. DHS ATTACHMENT B PROGRAM BUDGET Jurisdiction Name: AVENTURA Program Area: School Resource Officer Program Name: School Resource Officer Salaries and Benefits, Total Contractual Services, Total Operating Capital Outlay, Total Laptop Computer w/software Projector Expenses, Total RADKid recertification 2 officers X $200 ea. Vehichle decals/signage 2 vehicles X $500 ea. Educational videos Printed Materials (Red Ribbon Week) SRO uniforms Crime prevention printed materials (educational items, etc.) Total Budget Dade County will reimburse an amount not to exceed: The 25% CASH MATCH for this grant is: The source of the CASH MATCH is: Police Department General Fund, Aventura OCO levels begin at $300. 10/4/2007 Contact Per son: Sgt. Andrew R. Smith 466-8141 PH -- 466-2895 FX Program Dates: 10/01/07 - 09/30/08 $0 $0 $2,843 $1,594 $1,249 $4,961 $400 $1,000 $700 $1,500 $404 $957 $7,804 $5,853 $1,951 ATTACHMENT C Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program Drug Control and System Improvement Formula Grant Program Quarterly Project Performance Report SCHOOL RESOURCE OFFICER PROJECT PURPOSE AREA 07 A (City) (Project Name) (Name of Person Completing Form) (Title) (Phone) STATE 10 NUMBER: 2008-JAGC-OAOE-34-Q9-087 1 2 3 4 R,eport Nunnber '. QuattterlMiltle riod ....... < ,; Note: Those questions that are directly related to your program have been highlighted for your convenience. All questions must be answered and explained in the NARRATIVE portion ofthis report. Any report not received by January 16; April 16; July 16; andlor October 16, will result in the issuance of a "Noncompliance Notice" and a delay or denial of Reimbursement Requests. <( I'- a t o u Cl.Q) Q) .~ a: e .....Cl. u .... Q) Q) .~ u ei: Cl.o ~Q) Q:; ~ t ::J ("Q 0 ::J (/) a Q) CX)IY~ a-::J age N..c:Q) >- u > l..L..CI)<( - u Q) '0 .... 0.. .... ::J o >- o - "0 C o 0.. (/) Q) .... .... o u - ro ..c: - (/) c o :;:; (/) Q) ::J 0- "0 Q) - ..c: .!2J ..c: .!2J ..c: Q) ..c: - .... Q) :=; (/) c ro Q) (/) ro Q) Cl. ('-. (/) "0 C ::J o .... 0) o o ..c: u (/) c o Q) c c o (/) .... Q) Cl. "0 Q) N .;:: o ..c: - ::J ("Q C ::J o ..... "0 Q) ::J (/) (/) Q) .... Q) :=; (/) 0) c c .... ro :=; (/) (/) ro Cl. 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(f) c .Q :2 (f) "0(;) (/) Q) .;:: ::J ::J 0- J ~ ~c Q) Q) 1:: E ~ Q) o-~ ..c: ::J u.o ~ .; ..... Q) o .... -- (/) 0 Q)- ._ ro :!: 'c .2: Q) t)"O ro ro E.8 ~ c 0)0 0:;:; 0.:.0 _"0 o ro c .S o _ :;:; - Q) .9- u t5 ffi (/) .- Q)- "00. "0 E .~ 8 ro- - 0 Q)- "0 ::J roO Q) : "0 Q) ::J.o (3 c .~ -1:: (f) 0 ::J 0. E Q) (f) ..... t) Q) Q)E '0- ..... 0 Cl.c m .Q .t ~ ~ 8- j:: 0 .~ ~~:E a::::!:.8 <(:=;~ z ~ E :E c 0 ~~~ t!>8-;' o g c a::: c ro ll.__ Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program SUMMARY STATEMENT OF QUARTERL Y PROJECT COSTS (To Be Copied on Jurisdiction Letterhead) Cit Date of Claim: . Pro'ect Name: Claim Number: Tele hone: Claim Period: Name of Person Completing Form: 1. Total Federal Budget $ 2. Amount This Invoice $ (75% of your current claim) 3. Amount of Previous Invoices $ 4. Remaining Federal Balance $ (Subtract lines 2 & 3 from line 1) Sub Object Code Budget Categories Line Item Disallowed Exceeds Budget Federal Funds Local Match Category Totals Salanes & Benefits Contractual Services Operating/ Capital Equipment Expenses Total Claim We request payment in accordance with our contract agreement In the amount of 75% of the Total Costs for this Claim $ (75%), the balance of costs, $ (25%), to be recorded as our in-kind contribution to comply with the local match requirements. Attached, please find the records which substantiate the above expenditures I certify that all of the costs have been paid and none of the items have been previously reimbursed. All of the expenditures comply with the authorized budget and fall within the contractual scope of services and all of the goods and services have been received, for which reimbursement is requested. Respectfully submitted, Chief of Police/Other City Official Payment Approved, Miami Dade County Miami Dade County School Resource OffIcer Project Page 2 of 3 SUMMARY STATEMENT OF QUARTERLY PROJECT COSTS- Payroll Expenses City: Date of Claim: Project Name: Claim Number: Name Officer/Staff Date of Activity Type of Activity' Total Hours '(Presentation, Parent Meeting, Field trip, etc.) TOTAL HOURS . AT$ . PER HOUR = $ I CERTIFY THAT PAYMENT FOR THE AMOUNT OF $ IS CORRECT. OFFICER/STAFF SIGNATURE: OFFICER/STAFF SOCIAL SECURITY NUMBER: CHIEF OF POLlCE/CITY OFFICIAL SIGNATURE: I VERIFY THAT THE ABOVE SERVICES WERE PROVIDED: Note: Payroll registers, time sheets and OT slips, documenting payroll expenses, must be attached to process this payment. Miami Dade County Page 3 of 3 School Resource Officer Project SUMMARY STATEMENT OF QUARTERLY PROJECT COSTS (Equipment, Supplies, Material Expenses) City Date of Claim PrOject Name Claim Number: Item Date Check Vendor Descriotion Paid Number Amount TOTAL AMOUNT OF EXPENSES NOTE: Copies of all invoices and cancelled checks for this request must be attached to process payment. ATTACHMENT D ATTACHMENT D DEPARTMENT OF HUMAN SERVICES BYRNE GRANT ADMINISTRATION MIAMI-DADE COUNTY AFFIDAVITS The contracting individual or entity (governmental or otherwise) shall mdlcate by an "X" all affidavits that pertaIn to this contract and shall mdicate by an "N/A" all affidavits that do not pertain to this contract. All blank spaces must be filled. The MIAMI-DADE COUNTY OWNERSHIP DISCLOSURE AFFIDAVIT; MIAMI-DADE COUNTY EMPLOYMENT DISCLOSURE AFFIDAVIT; MIAMI-DADE CRIMINAL RECORD AFFIDAVIT: DISABILITY NONDISCRIMINATION AFFIDAVIT; and the PROJECT FRESH START AFFIDAVIT shall not pertain to contracts with the United States or any of its departments or agencies thereof, the State or any political subdivision or agency thereof or any muniCipality of this State. The MIAMI-DADE F AMIL Y LEAVE AFFIDA VIT shall not pertain to contracts with the United States or any of its departments or agencies or the State of Florida or any political subdiVision or agency thereof; it shall, however, pertain to mUnIcipalities of the State of Florida. All other contracting entities or individuals shall read carefully each affidaVit to determIne whether or not it pertams to this contract. I, Affiant , being first duly sworn state: The full legal name and business address of the person(s) or entity contracting or transacting business with MiamI-Dade County are (Post Office addresses are not acceptable): Federal Employer Identification Number (If none, Social Security) Name of Entity, Individual(s), Partners, or Corporation Doing Business As (if same as above, leave blank) Street Address City State Zip Code - 1. MIAMI-DADE COUNTY OWNERSHIP DISCLOSURE AFFIDAVIT (Sec. 2-8.1 of the County Code) 1. If the contract or business transaction is with a corporation, the full legal name and business address shall be provided for each officer and director and each stockholder who holds directly or indirectly five percent (5%) or more of the corporation's stock. If the contract or business transaction is with a partnership, the foregoing information shall be provided for each partner. If the contract or business transaction is with a trust, the full legal name and address shall be provided for each trustee and each beneficiary. The foregoing requirements shall not pertain to contracts with publicly traded corporations or to contracts with the United States or any department or agency thereof, the State or any political subdivision or agency thereof or any municipality of this State. All such names and addresses are (Post Office addresses are not acceptable): Full Legal Name Address Ownership % % % lof5 2. The full legal names and business address of any other individual (other than subcontractors. material men, supplIers, laborers, or lenders) who have, or will have, any Interest (legal, equitable beneficial or otherwise) In the contract or bUSIness transaction with Dade County are (Post Office addresses are not acceptable): 3. Any person who wil1fully fails to disclose the information reqUlred herein, or who knoWIngly dIscloses false Information in thiS regard. shall be punished by a fine of up to five hundred dollars ($500.00) or Impnsonment In the County Jail for up to sixty (60) days or both. II. MIAMI-DADE COUNTY EMPLOYMENT DISCLOSURE AFFIDAVIT (County OrdInance No. 90- 133, AmendIng sec. 2.8-1; Subsection (d)(2) of the County Code). Except where precluded by federal or State laws or regulations, each contract or business transaction or renewal thereof which involves the expenditure often thousand dol1ars ($10,000) or more shall reqUire the entity contracting or transacting business to disclose the following information. The foregOIng disclosure requirements do not apply to contracts with the United States or any department or agency thereof, the State or any political subdivision or agency thereof or any municipality of this State. 1. Does your firm have a collective bargaining agreement with its employees? Yes No 2. Does your firm provide paid health care benefits for its employees? Yes No 3. Provide a current breakdo\\'J1 (number of persons) of your firm's work force and o\.VT1ership as to race, national origin and gender: White: Black: Hispanics: Males Males Males Males Females Females Females Females: Asian: American Indian: Aleut (Eskimo): Males Males Males Males Females Females Females Females III. AFFIRMATIVE ACTIONINONDISCRIMINATION OF EMPLOYMENT, PROMOTION AND PROCUREMENT PRACTICES (County Ordinance 98-30 codified at 2-8.1.5 of the County Code.) In accordance with County Ordinance No. 98-30, entities with annual gross revenues in excess of $5,000,000 seeking to contract with the County shall, as a condition of receiving a County contract, have: i) a wntten affirmative action plan which sets forth the procedures the entity utilizes to assure that it does not discriminate in its employment and promotion practices; and ii) a written procurement policy which sets forth the procedures the entity utilizes to assure that it does not discriminate against minority and women-o\.VT1ed businesses in its 0\.VT1 procurement of goods, supplies and services. Such affirmative action plans and procurement poliCies shall provide for penodic review to determine their effectiveness In assuring the entity does not discriminate in Its employment, promotion and procurement practices. The foregoing notwithstanding, cOflJorate entities whose boards of directors are representative of the population make-up of the nation shall be presumed to have non-diSCrIminatory employment and procurement policies, and shall not be reqUlred to have written affirmative action plans and procurement polIcies in order to receive a County contract. The foregOing presumption may be rebutted. 20f5 The requirements of County Ordinance No. 98-30 may be waived upon the \VTItten recommendatIOn of the County Manager that It is in the best Interest of the County to do so and upon approval of the Board or County CommIssioners by majority vote of the members present. The finn does not have annual gross revenues in excess of $5,000,000. The finn does have annual revenues In excess of $5,000,000; however, its Board of Directors IS representative of the populatIOn make-up of the nation and has submitted a written, detailed listIng of its Board of DIrectors, including the race or ethnicity of each board member, to the County's Department of Business Development, 175 N.W, 1st Avenue, 28th Floor, MIami, Florida 33128. The finn has annual gross revenues in excess of $5,000,000 and the finn does have a \VTltten affirmative action plan and procurement pollcy as described above, which includes penodlc reviews to detennine effectiveness, and has submitted the plan and policy to the County's Department of Business Development 175 N.W. pi Avenue, 28th Floor, Miami. Florida 33128; Thefinn does not have an affinnative actIOn plan and/or a procurement policy as described above, but has been granted a waiver. IV. MIAMI-DADE COUNTY CRIMINAL RECORD AFFIDAVIT (Section 2-8.6 of the County Code) The indIvidual or entity entering into a contract or receiving funding from the County _ has _ has not as of the date of this affidavit been convicted of a felony during the past ten (10) years. An officer, dIrector, or executive of the entity entenng into a contract or receiVIng funding from the County _ has _ has not as of the date of this affidavit been convicted of a felony during the past ten (10) years. V. MIAMI-DADE EMPLOYMENT DRUG-FREE WORKPLACE AFFIDAVIT (County Ordinance No. 92-15 codified as Section 2-8.1.2 of the County Code) That in compliance with Ordinance No. 92-15 of the Code of Miami-Dade County, Florida, the above named person or entity is providing a drug-free workplace. A written statement to each employee shall inform the employee about: 1. danger of drug abuse in the workplace 2. the finn's policy of maintainIng a drug-free environment at all workplaces 3. availabilIty of drug counseling, rehabilitation and employee assistance programs 4. penalties that may be imposed upon employees for drug abuse violations The person or entity shall also require an employee to sign a statement, as a condition of employment that the employee will abide by the tenns and notify the employer of any criminal drug conviction occurring no later than five (5) days after receiving notice of such convictIOn and Impose appropriate personnel action against the employee up to and including tennination. Compliance with Ordinance No. 92-15 may be waived if the special characteristics of the product or service offered by the person or entIty make it necessary for the operatIOn of the County or for the health, safety, welfare, economic benefits and well-being of the publIc. Contracts involving funding which IS provided in whole or in part by the United States or the State of Florida shall be exempted from the provisions of thiS ordinance in those instances where those provisions are in conflict with the requirements of those governmental entitles. 30f5 VI. MIAMI-DADE EMPLOYMENT FAMILY LEA VE AFFIDAVIT (County Ordinance No. 142-91 codified as Section 11 A-29 et. seq of the County Code) That in compliance with Ordinance No. 142-91 of the Code of MIami-Dade County, Florida, an employer with fifty (50) or more employees working in Dade County for each working day dunng each of twenty (20) or more calendar work weeks, shall provide the following informatIOn in compliance with all items in the aforementioned ordinance: An employee who has worked for the above firm at least one (1) year shall be entitled to ninety.(90) days of family leave dunng any twenty-four (24) month penod, for medIcal reasons, for the bIrth or adoption of a child, or for the care of a child, spouse or other close relative who has a senous health condltion without nsk of termination of employment or employer retaliation. . The foregoing requirements shall not pertain to contracts with the United States or any department or agency thereof, or the State of Florida or any political subdIvision or agency thereof. It shall. however, pertain to municipalities of thIs State. VII. DISABILITY NON-DISCRIMINATION AFFIDAVIT (County Resolution R-385-95) That the above named firm, corporation or organization is in compliance with and agrees to continue to comply with, and assure that any subcontractor, or third party contractor under this project complies with all applicable requirements of the laws listed below including, but not limited to, those provIsions pertaining to employment, provision of programs and services, transportation, communications, access to facilitIes, renovations, and new construction in the followmg laws: The Amencans with DisabilitIes Act of 1990 (ADA), Pub. L. 101-336, 104 Stat 327, 42 U.S.e. 12101-12213 and 47 U.S.e. SectIOns 225 and 611 including Title I, Employment; Title II, Public Services; Title III, Public Accommodations and ServIces Operated by Private Entitles; Title IV, TelecommunicatIOns; and Title V, MIscellaneous PrOVIsions; The Rehabilitation Act of ] 973, 29 USe. Section 794; The Federal Transit Act, as amended 49 U.S.e. Section 1612; The Fair Housing Act as amended, 42 U.S.e. Section 3601-3631. The foregoing requirements shall not pertain to contracts with the United States or any department or agency thereof, the State or any political subdiVISIon or agency thereof or any muniCIpality of this State. VIII. MIAMI-DADE COUNTY REGARDING DELINQUENT AND CURRENTLY DUE FEES OR TAXES (Sec. 2-8.1(c) of the County Code) Except for small purchase orders and sole source contracts, that above named firm, corporation, organization or individual desiring to transact business or enter into a contract with the County verifies that all delinquent and currently due fees or taxes -- including but not limited to real and property taxes, utility taxes and occupational licenses -- which are collected in the normal course by the Dade County Tax Collector as well as Dade County issued parking tickets for vehIcles registered In the name of the firm, corporatIOn, organization or mdividual have been paid. IX. CURRENT ON ALL COUNTY CONTRACTS, LOANS AND OTHER OBLIGATIONS The mdividual entity seeking to transact business with the County is current m all its obligations to the County and is not otherwise in default of any contract, promissory note or other loan document with the County or any of Its agencIes or instrumentalities. 40f5 _x. PROJECT FRESH START (Resolutions R-702-98 and 358-99) Any firm that has a contract with the County that results in actual payment of $500,000 or more shall . contribute to Project Fresh Start, the County's Welfare to Work Initlatlve. However, if five percent (5%) of the firm's work force consists ofmdividuals whoreside in Miami-Dade County and who have lost or will lose cash assIstance benefits (formerly Aid to Families with Dependent Children) as a result of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, the firm may request waiver from the requirements of R-702-98 and R-358-99 by submitting a waiver request affidavit. The foregoing reqUIrement does not pertam to government entitles, not for profit organizations or recipients of grant awards. Xl. DOMESTIC VIOLENCE LEAVE (Resolution 185-00; 99-5 Codified At l1A-60 Et. Seq. of the Miami-Dade County Code). The fIrm desirmg to do business with the County IS m compl1ance with Domestic Leave Ordmance, Ordinance 99-5, codified at l1A-60 et. seq. of the Miami Dade County Code, which reqUIres an employer whlch has in the regular course of bus mess fifty (50) or more employees workmg m Mlaml- Dade County for each working day during each of twenty (20) or more calendar work weeks m the current or proceeding calendar years, to provide Domestic Violence Leave to its employees. I have carefully read this entire five (5) page document entitled, "Miami-Dade County Affidavits" and have indIcated by an "X" all affidavits that pertain to this contract and have indicated by an "N/ A" all affidavits that do not pertam to this contract. By: (Signature of Affiant) (Date) SUBSCRIBED AND SWORN TO (or affirmed) before me this day of 200_ by He/She is personally known to me or has presented (Type of Identification) as identifIcation. (SIgnature of Natary) (Serial Number) (Pnnt or Stamp of Notary) (ExpiratIOn Date) Notary Public - Stamp State of (State) Notary Seal 50[5 ATTACHMENT 01 ML4MI-DADE COUNTY FLORiDA ATTACHMENT 01 Form A-12 Code of Business Ethics In accordance with Resolution R-994-99 each person or entity that seeks to do business . with Miami-Dade County shall adopt the Miami-Dade County/Greater Miami Chamber of Commerce Code of Business Ethics as follows: The Miami-Dade County/Greater Miami Chamber of Commerce seeks to create and sustain an ethical business climate for its members and the community by adopting a Code of Business Ethics. Miami-Dade County/Greater Miami Chamber of Commerce encourages its members to incorporate the principles and practices outlined here in their individual codes of ethics, which will guide their relationships with customers, clients and suppliers. This Model Code can and should be prominently displayed at all business locations and may be incorporated into marketing materials. Miami-Dade County/Greater Miami Chamber of Commerce believes that its members should use this Code as a model for the development of their organizations' business codes of ethics. This Model Code is a statement of principles to help guide decisions and actions based on respect for the importance of ethical business standards in the community. Miami-Dade County/Greater Miami Chamber of Commerce believes the adoption of a meaningful code of ethics is the responsibility of every business and professional organization. By affixing a signature in the Proposal signature page, Form A-12, the Proposer hereby agrees to comply with the principles of Miami-Dade County/Greater Miami Chamber of Commerce Code of Business Ethics. If the Proposer firm's code varies in any way the Proposer must identify the difference(s) on a separate document attached to Form A-12. Compliance with Government Rules and Requlations We the undersigned Proposer will properly maintain all records and post all licenses and certificates in prominent places easily seen by our employees and customers; In dealing with government agencies and employees, we will conduct business in accordance with all applicable rules and regulations and in the open; We, the undersigned Proposer will report contract irregularities and other improper or unlawful business practices to the Ethics Commission, the Office of Inspector General or appropriate law enforcement authorities. Recruitment, Selection and Compensation of Contractors, Consultinq, Vendors, and Suppliers We, the undersigned Proposer will avoid conflicts of interest and disclose such conflicts when identified; Gifts that compromise the integrity of a business transaction are unacceptable; we will not kick back any portion of a contract payment to employees of the other contracting party or accept such kickback. 10/4/2007 Page 1 of 3 MIAMI-DADE COUNTY, FLORJDA Business Accountinq All our financial transactions will be properly and fairly recorded in appropriate books of account, and there will be no . off the books" transactions or secret accounts. Promotion and Sales of Products and Services Our products will comply with all applicable safety and quality standards; . We, the undersigned Proposer will promote and advertise our business and its products or services in a manner that is not misleading and does not falsely disparage our competitors; . We, the undersigned Proposer will conduct business with government agencies and employees in a manner that avoids even the appearance of impropriety. Efforts to curry political favoritism are unacceptable; . Our proposal will be competitive, appropriate to the request for proposals/qualifications documents and arrived at independently; · Any changes to contracts awarded will have a substantive basis and not be pursued merely because we are the successful Proposer. We, the undersigned Proposer will, to the best of our ability, perform government contracts awarded at the price and under the terms provided for in the contract. We will not submit inflated invoices for goods provided or services performed under such contracts, and claims will be made only for work actually performed. We will abide by all contracting and subcontracting regulations. We, the undersigned Proposer will not, directly or indirectly, offer to give a bribe or otherwise channel kickbacks from contracts awarded, to government officials, their family members or business associates. We, the undersigned Proposer will not seek or expect preferential treatment on proposals based on our participation in political campaigns. Public Life and Political Campaiqns We, the undersigned Proposer encourage all employees to participate in community life, public service and the political process to the extent permitted by law; We, the undersigned Proposer encourage all employees to recruit, support and elect ethical and qualified public officials and engage them in dialogue and debate about business and community issues to the extent permitted by law; · Our contributions to political parties, committees or individuals will be made only in accordance with applicable laws and will comply with all requirements for public disclosure. All contributions made on behalf of the business must be reported to senior company management; We, the undersigned Proposerwill not contribute to the campaigns of persons who are convicted felons or those who do not sign the Fair Campaign Practices Ordinance. 10/4/2007 Page 2 of 3 MiAMi-DADE COUNTY, FLORIDA We, the undersigned Proposer will not knowingly disseminate false campaign information or support those who do. P-ass-throuqh Requirements This Code prohibits pass-through payments whereby the prime firm requires that the MBE firm accepts payments as an MBE and passes through those payments to another entity; Rental Space, Equipment and Staff Requirements or Flat Overhead Fee Requirements This Code prohibits rental space requirements, equipment requirements, staff requirements and/or flat overhead fee requirements, whereby the prime firm requires the MBE firm to rent space, equipment and/or staff from the prime firm or charges a flat overhead fee for the use of space, equipment, secretary, etc; MBE Staff Utilization · This Code prohibits the prime firm from requiring the MBE firm to provide more staff than is necessary and then utilizing the MBE staff for other work to be performed by the prime firm. This Code also requires that on any contract where MBE participation is purported, the contract shall specify essential terms including, but not limited to, a specific statement regarding the percent of participation planned for MBEs, the timing of payments and when the work is to be performed. By: (Signature of Affiant) (Date) SUBSCRIBED AND SWORN TO (or affirmed) before me this day of 200_ by . He/She is personally known to me or has presented (Type of Identification) as identification. (Signature of Notary) (Serial Number) (Print or Stamp of Notary) (Expiration Date) 10/4/2007 Page 3 of 3 ATTACHMENT 02 Attachment D2 MIAMI-DADE COUNTY DEBARMENT DISCLOSURE AFFIDAVIT (Ordinance 93-129, Section 1) I, being duly first sworn, upon oath deposes and says that the bidder of this contract or his agents, officers, principals, stockholders, subcontractors or their affiliates are not debarred by Miami-Dade County. By: (SIgnature of Affiant) (Date) SUBSCRIBED AND SWORN TO (or affirmed) before me this day of 200_ by . He/She is personally known to me or has presented (Type of Identification) as identification. (Signature of Notary) (Serial Number) (Print or Stamp of Notary) (Expiration Date) Notary Public - Stamp State of (State) Notary Seal 5/01 ATTACHMENT 03 Attachment D3 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 1. This sworn statement is submitted to Miami-Dade Countv by (print individual's name and title) for (print Name of entity submitting sworn statement) whose business address is and if applicable its Federal Employer Identification Number (FEIN) is If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: 2. I understand that a "public entity crime" as defined in paragraph 287.133 (1 )(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transactions of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or contract for goods or services to be provided to public entity or agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misinterpretation. 3. I understand that "convicted" or "conviction" as defined in Paragraph 287.133 (1 )(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by 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 paragraph 287.133(1 )(a), Florida Statutes, means: 1. A predecessor or successor of a person convicted of a public entity crime; or 2. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, 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 prima 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. 10f2 5. I understand that a "person" as defined in Paragraph 287.133(I)(e), Florida Statutes, means any natural person or entity organized under the laws of an)' state or of the United States within the legal power to enter into a binding contact and which bids or applies to bid on contracts for the provision of goods or services let by a public entit)', or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, executives, partners, shareholders, employees, members, and agents who are active in management of an 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. (Please indicate which statement applies.) _Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, 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. _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, nor any 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 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 ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THAT PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017 FLORIDA STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. (Signature) Sworn to and subscribed before me this day of ,20_. Personally known OR Produced Identification Notary Public - State of My commission expires (T)'pe of Identification) (Printed typed or stamped commissioned name of notary public) 20f2 ATTACHMENT E ATTACHME~T E MIAMI-DADE DEPARTMENT OF HUMAN SERVICES BYRNE GRANT ADMINISTRATION PROVIDER'S DISCLOSURE OF SUBCONTRACTORS AND SUPPLIERS (Ordinance 97-104) Name of Organization: Address: REQUIRED LISTING OF SUBCONTRACTORS ON COUNTY CONTRACT In compliance with Miami-Dade County Ordinance 97-104, the Provider must submit the list of first tier subcontractors or sub-consultants who will perform any part of the Scope of Services Work, if this Contract is for $100,000 or more. The Provider must complete this information. If the Provider will not utilize subcontractors, then the Provider must state "No subcontractors will be used"; do not state "N/ A". NAME OF SUBCONTRACTOR OR SUB-CONSULTANT ADDRESS CITY AND STATE No subcontractors will be used. REQUIRED LIST OF SUPPLIERS ON COUNTY CONTRACT In compliance with Miami-Dade County Ordinance 97-104, the Provider must submit a list of suppliers who will supply materials for the Scope of Services to the Provider, if this Contract is $100,000 or more. The Provider must fill out this information. If the Provider will not use suppliers, the Provider must state "No suppliers will be used", do not state "N/A". NAME OF SUPPLIER ADDRESS CITY AND STATE No suppliers will be used. I hereby certify that the foregoing information is true, correct and complete: Signature of Authorized Representative: Title: Date: Firm Name: Fed. ID No. Address: Telephone: ( ) City/ State/Zip: Fax: ( ) E-mail: CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM FROM: Eric M. Soroka, ICMA-CM, C' TO: City Commission DATE: October 20, 2005 SUBJECT: Resolution Authorizing Execution of Agreement With the State Attorney for Prosecution of Aventura Code Violators November 6, 2007 City Commission Meeting Agenda Item 6' - b RECOMMENDATION It is recommended that the City Commission authorize the execution of an Agreement with the State Attorney's Office for the prosecution of Aventura Code Violations. This is a renewal of the Agreement approved in 2005. BACKGROUND The State Legislature amended Section 27.01 Florida Statutes to provide that the State Attorney shall appear in the courts to prosecute violations of municipal ordinances if the prosecution is ancillary to a state prosecution or if the State Attorney has contracted with the municipality for reimbursement for services rendered. The legislators passed similar laws requiring municipalities to pay for the representation of criminal defendants by the public defender's office. As a result, those cases that a City requests the State Attorney's Office to prosecute will be subject to a charge of $50.00 per hour each to the State Attorney and Public Defender. Attached hereto is the subject Agreement which provides the option to the City to utilize the State Attorney's Office. If you have any questions, please feel free to contact me. EMS/act Attachment CC01597 -07 RESOLUTION NO. 2007-_ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE AND OTHERWISE ENTER INTO THAT AGREEMENT BETWEEN THE CITY OF AVENTURA AND THE STATE OF FLORIDA, OFFICE OF THE STATE ATTORNEY FOR THE ELEVENTH JUDICIAL CIRCUIT OF FLORIDA TO REIMBURSE THE STATE FOR THE COST OF STATE ATTORNEY PROSECUTION OF CERTAIN CRIMINAL VIOLATIONS OF THE CITY OF AVENTURA CODE; 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 authorized to execute and otherwise enter into that certain Agreement attached hereto between the City of Aventura and the State of Florida, Office of the State Attorney for the Eleventh Judicial Circuit of Florida, to reimburse the State for the cost of State Attorney prosecution of certain criminal violations of the City of Aventura Code. Section 2. The City Manager is authorized to do all things necessary to carry out the aims of this Resolution. Section 3. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner , who moved its adoption. The motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach Commissioner Teri Holzberg Commissioner Billy Joel Commissioner Michael Stern Commissioner Luz Urbaez Weinberg Vice Mayor Bob Diamond Mayor Susan Gottlieb Resolution No. 2007-_ Page 2 PASSED AND ADOPTED this 6th day of November, 2007. SUSAN GOTTLIEB, MAYOR ATTEST: TERESA M. SOROKA, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: ~~~ CITY ATTORNEY AGREEMENT BETWEEN CITY OF A VENTURA AND THE STATE OF FLORIDA, OFFICE OF THE STATE ATTORNEY FOR THE ELEVENTH JUDICIAL CIRCUIT OF FLORIDA TO REIMBURSE THE STATE FOR THE COST OF STATE A TTORNEY PROSECUTION OF CERT AIN CRIMINAL VIOLATIONS OF THE C,+, J At&..,~~ CODE This agreement is entered into this day of , 2007, by and between e. J-.c, o.f' .4 VCt-'t-hJ ,..C/I- , a political subdivision of the State of Florida (hereinafter referred to as the "City") and the Office of the State Attorney for the Eleventh Judicial Circuit of Florida (hereinafter referred to as "State Attorney"). WHEREAS, the City finds that in order to maintain and improve the health, safety, and welfare of this community, it is necessary to adequately enforce and prosecute violations ofthe City's Municipal Code; and WHEREAS, Section 27.02, Florida Statutes, authorizes the State Attorney to prosecute municipal ordinance violations punishable by incarceration if ancillary to state prosecution or, if not ancillary to state prosecution, when the State Attorney contracts with the City for reimbursement. NOW, THEREFORE, the parties hereto agree as follows: ARTICLE I Services The State Attorney agrees to prosecute municipal ordinance violations as authorized in Sections 27.02, and 27.34, Florida Statutes. The City agrees to remit, subject to the terms outlined in Article III of this agreement, to the State Attorney the required funds to reimburse for costs associated with the prosecution of violations of the Municipal Code for the period of October 1, 2007, through September 30, 2008. The State Attorney shall provide such clerical and professional personnel as may be required for the performance of any of the functions of the State Attorney as set forth in this agreement. This agreement does not commit the City to pay for the prosecution of Municipal Code violations ancillary to state prosecution or for the prosecution of municipal ordinance violations not punishable by incarceration. This agreement specifically does not authorize the State to handle appeals of municipal ordinances on constitutional grounds, which shall remain the responsibility of the municipality that passed the ordinance. ARTICLE II Terms This agreement shall expIre on September 30, 2008, unless terminated earlier pursuant to Article VII of this agreement. Under no circumstances shall the City be liable to continue or extend this agreement beyond this date. This agreement may only be amended in writing, through a document executed by duly authorized representatives of the signatories to this agreement. 2 ARTICLE III Payment Schedule The City agrees to reimburse the State Attorney on an hourly basis for services rendered at a rate of Fifty dollars ($50) per hour. On a quarterly basis, the State Attorney shall provide the City with an invoice including, but not limited to, the hours of services rendered, number of cases prosecuted as set forth in this agreement, and the total amount due for payment for the previous month. The City shall remit each payment within ten (10) days after receiving said invoice from the State Attorney. ARTICLE IV Responsibilities The City does not delegate any of its responsibilities or powers to the State Attorney other than those enumerated in this agreement. The State Attorney does not delegate any of its responsibilities or powers to the City other than those enumerated in this agreement. ARTICLE V Reportine: All required reports shall be submitted to the 3 ARTICLE VI Indemnification It is expressly understood and intended that the State Attorney is only a recipient of the reimbursements paid by the City and is not an agent of the City. The respective parties agree, subject to the provisions of Chapter 768.28 (17), Florida Statutes, that they will hold each other harmless from any claims arising from this agreement. ARTICLE VII Termination Either party may terminate this agreement at any time with or without cause by furnishing written notice to the other party with no less than ninety (90) days notice. ARTICLE VIII Service Chan!.es This agreement is contingent upon all City funding provided, and any interest earned thereon, not being subject to any State service charges or administrative assessments. ARTICLE IX N on- Discrimination The State Attorney agrees to abide and be governed by Title II of the Americans with Disabilities Act of 1990, Title VI and VII, Civil Rights Act of 1964 (42 use 200d, e) and Title Viii of the Civil Rights Act of 1968, as amended, which provides in part that there will not be discrimination of race, color, sex, religious background, ancestry, or national origin in performance of this contract, in regard to persons served, or in regard to 4 employees or applicants for employment and it is expressly understood that upon receipt of evidence of discrimination, the City shall have the right to terminate said agreement. IN WITNESS THEREOF, the parties have caused this agreement to be executed by their respective and duly authorized officers the day and year first above written. ATTEST: NAME City Commission By: POSITION By: E,c.&. <- A.(. So 'c.ll<:c:- C. 4-, ~AI4 o...,e,., State Attorney's Office Eleventh Judicial Circuit ATTEST By: By: T. F. Mannelli Executive Director 5 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM FROM: TO: DATE: October 25,2007 SUBJECT: Second Amendment to Agreement With Clear Channel Outdoor, Inc. Concerning Commercial Advertising Sign November 6, 2007 City Commission Meeting Agenda Item .5 1~ RECOMMENDATION It is recommended that the City Commission adopt the attached Resolution authorizing execution of the Second Amendment to Agreement with Clear Channel Outdoor, Inc. Concerning Commercial Advertising Sign. BACKGROUND At the April Meeting, the City Commission approved an amendment to the subject Agreement which provided for converting a billboard sign that advertised the City of Aventura to commercial advertising purposes. The Agreement provided for the City to share 50% of the net revenue received from the billboard with a minimum amount of $150,000. In the event Clear Channel provides evidence to the City that they are unable to lease the billboard for non objectionable advertising and in order to provide additional opportunities for generating revenue to the City, it is recommended that the following amendment be adopted: D. Clear Channel specifically agrees that the Billboard Back shall not be utilized for commercial advertisements which include or refer to alcoholic beverages, tobacco products, pari-mutuel gaming, casino or slot machine gambling, adult entertainment uses, or any use which is reasonably objectionable to City in light of City's interest in the health, safety and welfare of its residents. However. Clear Channel may be qranted permission to utilize the Billboard Back for commercial advertisements which include or refer to pari-mutuel qaminq, casino or slot machine qamblinq if it is determined by the City Manaqer that Clear Channel has provided evidence that Clear Channel was unable to obtain other non obiectionable advertisements. Such approval bv the City ManaQer shall be in his/her sole discretion. Prior to displaying or installing any commercial advertising copy which may contravene the restrictions stated herein above, Clear Channel shall first provide a copy or proof of such proposed advertisement to the City Manger for his review in accordance with the provisions of Section III(e) of this Agreement. Clear Channel shall not display any advertising copy which is timely objected to by the City Manager. If you have any questions, please feel free to contact me. EMS/act Attachment CC01598-07 RESOLUTION NO. 2007- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING THAT CERT AIN "FIRST AMENDMENT TO AGREEMENT CONCERNING COMMERCIAL ADVERTISING SIGN" BETWEEN THE CITY OF AVENTURA AND CLEAR CHANNEL OUTDOOR, INC., PROVIDING AN AMENDMENT TO CERTAIN ADVERTISING RESTRICTIONS CONCERNING BILLBOARD BACK; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR EFFECTIVE DATE. WHEREAS, the City Commission of the City of A ventura, Florida, finds that the approval of the attached "First Amendment to Agreement Concerning Commercial Advertising Sign" (the "Amendment to Agreement"), revising the restrictions concerning certain advertising on the Billboard back, is in the best interest of the City. NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA, AS FOLLOWS: Section 1. Recitals. That the above stated recital is hereby confirmed and adopted. Section 2. Amendment to Ae:reement Auuroved. That the attached Amendment to Agreement, in substantially the form attached hereto, is hereby approved, and the City Manager is authorized to execute the Amendment to Agreement on behalf of the City, once approved as to form and legal sufficiency by the City Attorney. Section 3. Imulementation. That the City Manager is authorized to take any action which is necessary in order to implement the purposes of this Resolution and the Amendment to Agreement. Section 4. Effective Date. That this Resolution shall become effective immediately upon adoption hereof. 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 Teri Holzberg Commissioner Billy Joel Commissioner Michael Stem Commissioner Luz Urbaez Weinberg Vice Mayor Bob Diamond Mayor Susan Gottlieb Resolution No. 2007- Page 2 PASSED AND ADOPTED this 6th day of November, 2007. Attest: Teresa M. Soroka, MMC City Clerk Approved as to Form and Legal Sufficiency: ~~~ City Attorney Susan Gottlieb, Mayor 2 FIRST AMENDMENT TO AGREEMENT CONCERNING COMMERCIAL ADVERTISING SIGN THIS AMENDMENT TO AGREEMENT (the "Amendment to Agreement") is entered into this 6th day of November, 2007 by and between the City of A ventura, a Florida municipal corporation (the "City") and Clear Channel Outdoor, Inc., a Florida corporation ("Clear Channel"). WIT N E SSE T H: WHEREAS, pursuant to that certain Agreement Concerning Commercial Advertising Sign ( the " Agreement" ) of April 10, 2007, the City and Clear Channel have entered into an Agreement concerning revenue payable to the City from advertising displays on the Billboard Back of that certain billboard which is situated at the southwest comer of the intersection of Biscayne Boulevard (U.S. 1) and Ives Diary Road in the City; and WHEREAS, the parties desire to revise the advertising restrictions which are set forth in Section II (D) of the Agreement, as provided in this Amendment to Agreement. NOW, THEREFORE, IN CONSIDERATION OF THE COVENANTS HEREOF, THE PARTIES HERETO DO COVENANT AND AGREE AS FOLLOWS: I. Recitals Adopted. A. The above stated recitals are adopted and confirmed. B. All defined terms from the Agreement shall have the meaning provided therein when used herein, unless otherwise specified. II. Amendment to Agreement. A. That Section II (D) of the Agreement is hereby amended by deleting paragraph (D) of Section II, and in its place creating a new paragraph (D) of Section II, to read, as follows: D. Clear Channel specifically agrees that the Billboard Back shall not be utilized for commercial advertisements which include or refer to alcoholic beverages, tobacco products, pari-mutuel gaming, casino or slot machine gambling, adult entertainment uses, or any use which is reasonably objectionable to City in light of City's interest in the health, safety and welfare of its residents. However, Clear Channel may be granted permission to utilize the Billboard Back for commercial advertisements which include or refer to pari-mutuel gaming, casino or slot machine gambling if it is determined by the City Manager that Clear Channel has provided evidence that Clear Channel was unable to obtain other non objectionable advertisements. Such approval by the City Manager shall be in his/her sole discretion. Prior to displaying or installing any commercial advertising copy which may contravene the restrictions stated herein above, Clear Channel shall first provide a copy or proof of such proposed advertisement to the City Manager for his review in accordance with the provisions of Section III( e) of this Agreement. Clear Channel shall not display any advertising copy which is timely objected to by the City Manager. B. Except as specifically provided herein the Agreement of April 10, 2007, shall remain in full force and effect. C. Nothing in this Amendment to Agreement shall be construed to affect or impair those certain other previous agreements of the parties, including the September 3, 2002 Agreement Concerning Commercial Advertising Signs, and the February 14, 2003 Covenant, each of which is on file in the Office of the City Clerk. 2 IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written, in several counterparts, each of which shall be deemed an original, but all constituting only one agreement. CITY OF AVENTURA: ATTEST: By: By: City Manager City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: City Attorney CLEAR CHANNEL OUTDOOR, INC. ATTEST: By: Secretary (Seal) Name: Title: WITNESSED: (Print Name) (Print Name) F:\300\32800 1 \Agreements\Amendment to Agreement Concerning Commercial Advertising Sign2 10-24-07 .doc 3 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM DATE: October 26,2007 TO: City Commission FROM: Eric M. Soroka, ICMA-CM, Cit ./ SUBJECT: Resolution Declaring Equipment Surplus November 6, 2007 Commission Meeting Agenda ItemkP RECOMMENDATION It is recommended that the City Commission adopt the attached Resolution declaring certain computer equipment as surplus to the needs of the City. BACKGROUND Section 2-258 of the City Code of Ordinances provides that any property owned by the City which has become obsolete or which has outlived its usefulness may be disposed of in accordance with procedures established by the City Manager, so long as the property has been declared surplus by a resolution of the City Commission. If you have any questions, please feel free to contact me. EMS/act Attachment CC01599-07 CITY OF AVENTURA INFORMATION TECHNOLOGY DEPARTMENT MEMORANDUM TO: FROM: Eric M. Soroka, City Manager Karen J. Lanke, I~OOIogy Director October25,2007 DATE: SUBJECT: Surplus Computer Equipment I am requesting that the computer equipment listed on the attached spreadsheet be declared surplus property as the equipment no longer meets the needs of the City. Please let me know if you have any questions regarding this request. Attachment RESOLUTION NO. 2007-_ 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 immediately upon its adoption. The foregoing Resolution was offered by Commissioner _' who moved its adoption. This motion was seconded by Commissioner _' and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach Commissioner Teri Holzberg Commissioner Billy Joel Commissioner Michael Stern Commissioner Luz Urbaez Weinberg Vice Mayor Bob Diamond Mayor Susan Gottlieb Resolution No. 2007-_ Page 2 PASSED AND ADOPTED this 6th day of November, 2007. ATTEST: TERESA M. SOROKA, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICI~Y: H~~ CITY ATTORNEY SUSAN GOTTLIEB, MAYOR City of Aventura Computer Equipment Inventory Exhibit A I ! Asset ' I # Tag Brand Model Serial Number Type 1 1496 HP FAX 1220 MY24TD601Q FAX 2 HP FAX 430 CN2ALA 1 07F FAX 3 COMPAQ MV700 8382F2FKD752 MONITOR 4 DELL 1504FP MX05R1 0847605369A4D9 MONITOR 5 300 DELL 017288 04036A756A 17 MONITOR 6 DELL 10991 MXOA376D47741 MONITOR 7 DELL iE551 MY082CGN466320HE22R MONITOR 8 DELL E770 MY0881 UM4760318L87NK MONITOR 9 DELL E770P MX0832DX47801080H08T MONITOR 10 DELL P1130 MX06D251477411 CI MONITOR 11 116 GA TEWA Y 2000 MH2754309764 MONITOR 12 , GA TEWA Y 8X500 G9F012473 MONITOR 13 119 GA TEWA Y CPD15F23 8457888 MONITOR 14 168 GATEWAY CPDGF200 7036079 MONITOR 15 180 GA TEWA Y CPDGF200 7014943 MONITOR 16 638 GA TEWA Y EV700 MH5413001526 MONITOR 17 GA TEWA Y EV91 0 190168326075 MONITOR 18 GA TEWA Y EV910 19016G326084 MONITOR 19 GA TEWA Y EV910 MV19003A0120A448 MONITOR 20 GATEWAY EV9108 190168330907 MONITOR 21 GATEWAY EV9108 190168404796 MONITOR 22 GATEWAY EV9108 190168353381 MONITOR 23 GA TEWA Y EV910C MV19003A012A450 MONITOR 24 GATEWAY EV910C MU19003A0067587 MONITOR 25 GA TEWA Y VX900 G9F009022 MONITOR 26 GATEWAY YE0711 MH54H3050556 MONITOR 27 HP 08896 MY11322843 MONITOR 28 381 MAXTECH XT5888 5L TA6AG012917 MONITOR 29 1566 NEC LCD1200V 2802025GA MONITOR 30 NEC LCD1200V 2802008GA MONITOR 31 1569 NEC LCD1200V 2503019GA MONITOR 32 1567 NEC LCD1200V 2802032GA MONITOR 33 PHILLIPS M85011 M801 66340A63 MONITOR 34 791 VIEWSONIC A90 NP92601058 MONITOR 35 CLONE CLONE PC 36 1330 COMPAQ DESKPRO 6012CKT3A266 PC 37 1521 DELL DIMENSION 4400 CJC5811 PC 38 1474 DELL DIMENSION 4500 8RP9V11 PC 39 1473 DELL DIMENSION 4500 7MMNT11 PC 40 1560 DELL DIMENSION 4500 1DDFY11 PC 41 1472 DELL DIMENSION 4500 86MNT11 PC 42 1559 DELL DIMENSION 4500 CCDFY11 PC 43 1564 DELL DIMENSION 4500 815CY11 PC 44 1572 DELL DIMENSION 4550 DTMS321 PC 45 1635 DELL DIMENSION 4550 9WXLQ21 PC 46 1565 DELL DIMENSION 4550 HF9TZ11 PC 47 1011 DELL OPTIPLEX GX110 28TP501 PC 48 958 DELL OPTIPLEX GX110 CYH010B PC 49 904 DELL OPTIPLEX GX11 0 FYH0108 PC Page 1 of 3 10/25/2007 City of Aventura Computer Equipment Inventory Exhibit A Asset # Tag Brand Model Serial Number Type 50 905 DELL OPTIPLEX GX110 GYH0108 PC 51 1666 DELL OPTIPLEX GX260 6GPWV21 PC 52 1577 DELL OPTIPLEX GX260 GK18321 PC 53 I 1665 DELL OPTIPLEX GX260 5FPWV21 PC 54 2395 DELL OPTIPLEX GX280 3RT8361 PC 55 2355 DELL OPTIPLEX SX280 JS62051 PC 56 886 DELL XPS 8733R E10F2 PC 57 927 DELL XPS 8933 FJ7K601 PC 58 1512 GATEWAY 700C 25984617 PC 59 643 GATEWAY E-3000 9693368 PC 60 935 GA TEWA Y E-3200 15612221 PC 61 932 GATEWAY E-3200 15612218 PC 62 1023 GA TEWA Y E-3400 21322708 PC 63 1024 GA TEWA Y E-3400 21322709 PC 64 1016 GA TEWA Y E-3400 21322365 PC 65 1527 GA TEWA Y E-3600 27112766 PC 66 841 GATEWAY E-4200 11681518 PC 67 1511 GA TEWA Y E-4600 25050529 PC 68 1464 GA TEWA Y MT700C 25984618 PC 69 1072 GA TEWA Y MT700C 22265567 PC 70 GA TEWA Y PROFILE 4 29828476 PC 71 1630 GA TEWA Y PROFILE 4 30118485 PC 72 GATEWAY PROFILE 4 29828474 PC 73 GA TEWA Y PROFILE 4 29828473 PC 74 GA TEWA Y PROFILE 4 29828472 PC 75 GATEWAY PROFILE 4 29828477 I PC 76 GA TEWA Y PROFILE 4 29828470 PC 77 1629 GATEWAY PROFILE 4 30118484 PC 78 GA TEWA Y PROFILE 4 29828471 PC 79 GA TEWA Y PROFILE 4 29828469 PC 80 1550 GATEWAY PROFILE 4 28365209 PC 81 1551 GA TEWA Y PROFILE 4 28365210 PC 82 GATEWAY PROFILE 4 29828475 PC 83 GA TEWA Y PROFILE 4 29828478 PC 84 1631 GA TEWA Y PROFILE 4 30120303 PC 85 964 GA TEWA Y SELECT 700S8 18678291 PC 86 1547 HP OFFICEJET 0145 S62404106F PRINTER 87 1241 HP COLOR LASERJET 4550 JPNA821807 PRINTER 88 HP DESKJET 6127 MY 458380P2 PRINTER 89 HP DESKJET 940C MX2501D148 PRINTER 90 HP DESKJET 940C MX2591 0143 PRINTER 91 HP DESKJET 950C MY067180F4 PRINTER 92 HP DESKJET 952C MY114170HO PRINTER 93 HP DESKJET 952C MY11V110DN PRINTER 94 HP DESKJET 952C MY08M1 F37M PRINTER 95 HP LASERJET 2100 USGZ275620 PRI NTER 96 482 HP LASERJET 5 USDH053367 PRI NTER 97 HP LASERJET 5 USK8085627 PRI NTER 98 4 HP LASERJET 5M USH8037733 PRI NTER Page 2 of 3 10/25/2007 City of Aventura Computer Equipment Inventory Exhibit A ] Asset # Tag Brand Model Serial Number Type 99 71 HP LASERJET 5P USHB128894 PRINTER 100 HP PHOTOS MART 1218 MY08R1418M PRINTER 101 HP PHOTOS MART 2710 MY53EMR2VT PRINTER 102 850 HP PHOTOS MART 895 MX8C22W2H2 PRINTER 103 HP SCANJET 6300C C7670A SCANNER 104 148 RICOH IS450DE P1310500062 SCANNER 105 APC B15650MC PB0232321462 UPS 106 APC BACKUPS 400 ! QUANTITY 6 UPS 107 APC BACKUPS 500 I QUANTITY 5 UPS 108 APC BACKUPS 650 iQUANTITY 2 UPS 109 1510 APC BACKUPS PRO 1400 QB0202123313 UPS 110 1467 APC ,SMART UPS 3000 AGSM3000Y2U290 UPS 111 APC ISMART UPS 700 QUANTITY 10 UPS 112 APC SU1400 Q5107115331 UPS 113 APC SU700RM2U AS0052110766 UPS 114 APC SUA 1 000RM2U AS0418299439 UPS 115 APC SUA1000RM2U AS0350112190 UPS 116 APC SUA 1500RM2U AS0327111766 UPS Page 3 of3 10/25/2007 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Eric M. Soroka, ICMA-CM, Cit~ DATE: October 26,2007 SUBJECT: Disbursement of Police Forfeiture Funds November 6,2007 City Commission Meeting Agenda Item 5 -4 RECOMMENDATION It is recommended that the City Commission adopt the following Motion to expend funds from the Police Forfeiture Fund: "Motion authorizing the appropriation of up to $24,000 for the purchase of weapons from the Police Forfeiture Fund in accordance with the City Manager's memorandum". The funds are available from the recent surplus and sale of H & K carbines. If you have any questions, please feel free to contact me. EMS/act Attachment CC01600-07 CITY OF A VENTURA POLICE DEPARTMENT INTER OFFICE MEMORANDUM FROM: Eric M. Soroka, City M TO: DATE: 26 October, 2007 SUBJECT: Use of Forfeiture Funds Florida State Statute 932.704 requires that money resulting from forfeitures be maintained in a special law enforcement trust fund, and that the funds be expended only upon request of the Chief of Police to the governing body of the municipality and approval of the governing body. I am requesting City Commission approval for the expenditure of: 5.56 mm carbine rifles up to $24,000 Total Expenditure Request: $24,000 I certify that this requested expenditure complies with Florida State Statute 932.704 in that: 1. Funds will be used for an appropriate law enforcement purpose. 2. Funds are not being used as a normal source of revenue for the Police Department. 3. Funds were not considered in the adoption and approval of the budget of the Police Department. Summary 5.Somm Carbines .- Request to spend up to $24,000 for the purchase of additional carbines. The first 15 rifles have been acquired and issued; this forfeiture approval would allow the department to buy the 2nd portion of the rifles needed for patrol. CITY OF AVENTURA COMMUNITY SERVICES DEPARTMENT MEMORANDUM TO: City Commission FROM: Eric M. Soroka, ICMA-CM, City er ~ unity servi~ BY: Robert M. Sherman, Direct DATE: October 29, 2007 SUBJECT: Bid No. 08-10-12-2 City of Aventura Maintenance and Repair for City Road and Streets November 6th, 2007 City Commission Meeting Agenda Item~;-I Recommendation It is recommended that the City Commission adopt the attached Resolution awarding Bid No. 08-10-12-2 City of Aventura Maintenance and Repair for City Roads and Streets to the lowest responsible and responsive bidders; Rogar Management & Consulting of Florida, Miguel Lopez Jr., Inc. and Ric-man International Hitech, Inc. for the unit prices as contained in Exhibit "A" attached. Backaround In accordance with the City's Purchasing Ordinance, bids for this maintenance contract were solicited, advertised and opened on October 12, 2007. The bid was advertised in the local newspapers and via the internet on DEMANDSTAR. Three qualified bids were received from Rogar Management & Consulting of Florida, Miguel Lopez Jr., Inc. and Ric-man International Hitech, Inc. This bid contains unit pricing for the following areas of public works that can be used by the City as a maintenance contract on an as-needed basis determined by the City: Paving and Concrete Storm Drainage Pavement Markings and Signage Hourly Labor Charges All three bidders submitted qualified bids, and all three bidders have received positive references in similar type work. Since some of the unit prices are lower than others, it is in the City's best interest to award this bid to multiple bidders to take advantage of the lowest pricing as submitted by each bidder. City Commission October 29, 2007 Page Two The City can realize significant cost savings by using this contract for road and sidewalk repairs, stormwater projects and pavement improvements, avoiding the start-up and administrative costs involved in advertising for bids for specific projects. All three bidders will be required to post the appropriate insurance that is acceptable to the City, and all work will be subject to the review and inspection of City staff and our consulting engineers. This contract is for a one year period, with a one year extension, at the City's sole discretion. Please feel free to contact me if you have any questions. RMS/gf Attachments RMS07037 RESOLUTION NO. 2007-_ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT FOR BID NO. 08-10-12-2, CITY OF AVENTURA MAINTENANCE AND REPAIR FOR CITY ROADS AND STREETS TO ROGAR MANAGEMENT & CONSULTING OF FLORIDA, MIGUEL LOPEZ JR., INC., AND RIC-MAN INTERNATIONAL, AT THE INDIVIDUAL BID PRICES AS CONTAINED IN EXHIBIT "A" ATTACHED; 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. 08-10-12-2, CITY OF AVENTURA MAINTENANCE AND REPAIR FOR CITY ROADS AND STREETS; 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 Rogar Management & Consulting of Florida, Miguel Lopez Jr., Inc., and Ric-man International have submitted the lowest responsible and responsive bids 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 bidders. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA: Section 1: That bid/contract for BID NO. 08-10-12-2, CITY OF AVENTURA Resolution No. 2007- Page 2 MAINTENANCE AND REPAIR WORK FOR CITY ROADS AND STREETS is hereby awarded to Rogar Management & Consulting of Florida, Miguel Lopez Jr., Inc., and Ric- man International at the bid prices as contained in Exhibit "A", attached. 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, and said parties shall execute said prepared contracts 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 Transportation and Street Maintenance Fund Line Item No. 120-5001-541-6305 and the Stormwater Utility Fund Line Item No. 410-5001-538-3460. Section 5: This Resolution shall be effective immediately upon its adoption. The foregoing resolution was offered by adoption. The motion was seconded by vote, the vote was as follows: , who moved its and upon being put to a Commissioner Zev Auerbach Commissioner Teri Holzberg Commissioner Billy Joel Commissioner Michael Stern Commissioner Luz Urbaez Weinberg Vice Mayor Bob Diamond Mayor Susan Gottlieb Resolution No. 2007- Page 3 PASSED AND ADOPTED this 6th day of November, 2007. SUSAN GOTTLIEB, MAYOR ATTEST: TERESA M. SOROKA, MMC CITY CLERK APPROVED AS TO L1GAL S~I1F\~IENCY: H1;1~ ~y--\ CITY ATTORNEY 0 ~ !: Ii E-i .., H tj III D. H 9 ::r: w :x: ... 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Q.. ..... ..... c.4 c.4 8 8 ~ g ..... ..... c.4 c.4 CI) CI) CI) ~ ~ ~ l\l l\l l\l ffi 'fi 'fi 'fi tn tn tn ~ i5 i5 is ~ ~ ~ .... - - - ~ ~ ~CI) ~CI) ~CI) 0.- 0.- 0.1V a: 8 1: E l\l E tV Eo:: ::) ;:,0:: ;:,0::: 0 0 -8 Q..~ Q..~ tf~ - C ::t: I~ C : ;:, = ;:, : ;:, CI) C CI) NO 'Olt 0 COo ... .~ CI) 'E Cl)J: Cl)J: -8J: J ~ E 'C :2t :2. 0 .~ .- . ~ > CI) > Q) > CI) ..Q .~ e .5 o c: o c: III tV 0 ;:, 0 ...J W U. (J) Q......J O:::i G:::i ..... N C") 'Olt It) CD .... MEMORANDUM CRAVEN THOMPSON AND ASSOCIATES, INC. Date: October 23, 2007 To: Robert M. Sherman, CPRP From: Kevin Hart, P .E. Reference: Maintenance and Repair of City Streets and Roads The City received bids from the following three (3) companies for the above referenced project: . Rogar Management & Consulting of Florida . Miguel Lopez Jr., Inc. . Ric-Man International At your request, I have reviewed the bid results and have checked references for all three of the bidders. Each bidder received a positive reference and each of the three companies has performed similar types of work and is qualified to perform the work indicated in the bid documents. A summary of the bid results is attached with the low unit prices for each work item highlighted. Based on my review of the bids and the results of the reference checks, it is my recommendation that the City awarding a contract to each of the three bidders to allow for maximum flexibility in performing the maintenance and repair work. If you have any questions or require any additional information, please call. CITY OF AVENTURA FINANCE SUPPORT SERVICES DEPARTMENT MEMORANDUM TO: City Commission FROM: Eric M. Soroka, ICMA-CM, City BY: b\~rian K. Raducci, Finance DATE: October 31, 2007 SUBJECT: End of Year Budget Amending Ordinance FY 2006/2007 1st Reading November 6. 2007 City Commission Meeting Agenda Item .5 ~L 2nd Reading January 8. 2008 City Commission Meeting Agenda Item Recommendation It is recommended that the City Commission approve the attached ordinance amending the FY 2006/2007 budget. Backaround As you are aware, this is the time of year that we prepare to close our books for the preceding fiscal year (FY 2006/2007). We now have the information needed to formally amend the FY 2006/2007 budget, so that the "final" adopted budget contains sufficient appropriations to cover all of the City's actual expenditures. This "clean up" amendment is a normal part of our fiscal operations and is prepared each and every year in preparation for our year-end audit. Until a couple of years ago, this amendment was included on the February and March agendas. We now include this amendment in the November and January agendas to comply with, Section 166.241 of the Florida Statutes which was revised by the 2004 Legislature. This section now requires all budget amendments be made "within up to 60 days following the end of the fiscal year." Although it is logistically impossible to completely comply with this deadline, we are attempting to comply with it by having the first reading of the Ordinance before the November 29, 2007 deadline (this practice is consistent with the prior fiscal year). We are only required to amend budgets when a Department's total budget has been exceeded. As illustrated below, the General Fund is the only fund that requires a budget amendment at this time. In all cases, we will only amend the specific expenditure accounts primarily responsible for the amendment. In some cases, there are associated revenues that will be increased to justify the overage in expenditures. Listed below is a summary of the amendments by department and the circumstances that support the recommendation. Page 2 Memorandum to City Commission End of Year Budget Amending Ordinance FY 2006/2007 Finance Support Services Requires a budget amendment of $50,000 primarily due to $38,000 in final accrued payouts related to the retirement of the former Finance Support Services Director and $12,000 for additional audit fees related to the FY 2005/2006 Audit. Community Development RequiTes a budget amendment of $800,000 primarily due to an overage of $700,000 in Building Inspection Services and $100,000 for associated professional services. Both overages are due to higher than anticipated building activity during the year. This unanticipated increase in costs will be covered by $800,000 worth of additional revenue in Building Permits. Community Services Department Requires a budget amendment of $600,000 primarily due to an overage of $120,000 in Engineering fees related to additional traffic studies recommended by the Traffic Advisory Board and design and cost estimating associated with the new Dog Park and Veteran's Park Modifications; $137,000 for Landscape Maintenance, $100,000 for utilities (e.g., electric, street lighting and water), $43,000 for various repairs and $200,000 for higher than anticipated levels for various activities (e.g., Special Events, Cultural Recreational Programs and Summer Recreation). $205,000 in additional revenue from Parks and Recreation Fees ($20,000), Summer Recreation ($167,000) and Community Center Fees ($18,000) will be utilized to more than offset the additional costs for the Cultural Recreation and Summer Recreation Programs. As discussed earlier, the vast majority of the increased costs are wholly or substantially offset by increased revenues. For those expenses not directly offset by revenues, we have identified unrestricted revenues that have exceeded their budget (e.g., Interest Earnings - $445,000). As such, this amendment will have no significant impact on the FY 2006/2007 or future years' budgets. The amount of the projected carryover which is included in the FY 2007/2008 budget will be substantially the same as the actual carryover, once all of the transactions are recorded and the financial statements are prepared. Based on the analysis outlined above, I recommend approval of the attached Ordinance. ORDINANCE NO. 2008-_ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2006-13 WHICH ORDINANCE ADOPTED A BUDGET FOR THE 2006/2007 FISCAL YEAR BY REVISING THE 2006/2007 FISCAL YEAR OPERATING AND CAPITAL BUDGET AS OUTLINED IN EXHIBIT "A" ATTACHED HERETO; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS ORDINANCE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, upon the periodic review and analysis of current budgetary commitments and obligations, and based upon the projected needs and requirements of the City and upon the recommendations of the City Manager (and the concurrence of the Finance Support Services Director as to Accounting Principles), it is deemed necessary to adjust, amend and implement the 2006/2007 Operating and Capital Budget as set forth in Exhibit "A" attached hereto and made a part hereof. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. The recitals contained in the preamble to this Ordinance are incorporated by reference herein. Section 2. The City Commission hereby authorizes the amendment of Ordinance No. 2006-13, which Ordinance adopted a budget for the 2006/2007 fiscal year, by revising the 2006/2007 budget as set forth on the attached Exhibit "A" which exhibits are deemed incorporated by reference as though set forth in full herein. Section 3. The City Manager is hereby authorized to do all things necessary to carry out the aims of this Ordinance. Ordinance No. 2008- Page 2 Section 4. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. The foregoing Ordinance was offered by Commissioner _' who moved its adoption on first reading. This motion was seconded by Commissioner _' and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach Commissioner Teri Holzberg Commissioner Billy Joel Commissioner Michael Stern Commissioner Luz Urbaez Weinberg Vice Mayor Bob Diamond Mayor Susan Gottlieb The foregoing Ordinance was offered by Commissioner _, who moved its adoption on second reading. This motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach Commissioner Teri Holzberg Commissioner Billy Joel Commissioner Michael Stern Commissioner Luz Urbaez Weinberg Vice Mayor Bob Diamond Mayor Susan Gottlieb PASSED on first reading this 6th day of November, 2007. 2 Ordinance No. 2008-_ Page 3 PASSED AND ADOPTED on second reading this 8th day of January, 2008. SUSAN GOTTLIEB, MAYOR ATTEST: TERESA M. SOROKA, MMC CITY CLERK APPROVED AS TO Lt:: ~ENCY: H~I \. CITY ATTORNEY 3 CITY OF AVENTURA FY 2006/07 BUDGET AMENDMENT 3221000 Building Permits 3472000 Parks & Recreation fees 3475000 Summer Recreation 3472500 Community Center Fees 3611000 Interest Earnings Total Revenue 1,100,000 50,000 150,000 160,000 450,000 $ .....f' .$ 800,000 $ 20,000 167,000 18,000 445,000 "_,,, 1,900,000 70,000 317,000 178,000 895,000 1'-,11I TOTAL AMENDMENTS-REVENUE 1201 3201 FINANCE SUPPORT SERVICES PERSONAL SERVICES Employee Salaries Prof. Services - Auditor Total Finance Support Services $ 501,102 $ 38,000 $ 539,102 52,000 12,000 64,000 _~III_ll~lllii,i. .,III"lllll~i 3101 3190 COMMUNITY DEVELOPMENT CONTRACTUAL SERVICES Building Inspections Services Prof. Services Total Community Development $ 950,000 $ 700,000 $ 1,650,000 70,000 100,000 170,000 :'~ ,'-'_'Yi;Yh"''.II..lf !1j[I~[i~:i:'''1!! 3110 3450 COMMUNITY SERVICES CONTRACTUAL SERVICES Prof. Services - Engineering Lands/Tree Maint. Svcs-Streets Subtotal $ 65,000 $ 120,000 $ 185,000 1,123,977 137,000 1,260,977 'I,_;:~\~'i;.l.' .,/~., ....,,:i:;t~ OTHER CHARGES & SERVICES 4301 Utilities-Electric 4311 Utilities-Street Lighting 4320 Utilities-Water 4620 R&M- Buildings 4672 R&M-Parks 4691 R&M- Streets 4850 Special Events 4851 Cultural/Recreation Programs 4854 Summer Recreation Subtotal Total Community Services $ 9,000 $ 60,000 $ 69,000 175,000 30,000 205,000 275,000 10,000 285,000 65,000 15,000 80,000 35,000 20,000 55,000 90,000 8,000 90,000 72,500 34,000 106,500 105,000 30,000 135,000 75,000 136,000 211,000 Total Expenditures __'t_~~ ._~J TOTAL AMENDMENTS - EXPENDITURES CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM FROM: Eric M. Soroka, I City Manager Joanne Carr, AIC( Planning Director . TO: City Commission BY: DATE: October 18, 2007 SUBJECT: Request of Mount Sinai Medical Center of Florida, Inc. Sign Variance 2845 Aventura Boulevard, City of Aventura (02-SV-07) November 6, 2007 City Commission Meeting Agenda Item _6 - A RECOMMENDATION It is recommended that the City Commission: 1. Approve the request for variance to permit a second wall sign on the south building elevation; where one sign is permitted by Code; and 2. Approve the request for variance to permit a third wall sign on the north building elevation, which sign faces an adjacent residentially zoned property located within 300 feet of the elevation, where one sign is permitted by Code and where no wall sign shall be installed on a building elevation that faces an adjacent residentially zoned property located within 300 feet of the elevation for a proposed emergency care center within an existing two story medical office building, subject to the following conditions: 1. That all emergency vehicle sirens be turned off once the vehicle has entered the property, so as not to create a noise disturbance to adjacent residents. 2. That the sign on the north building elevation be a reverse channel letter sign to minimize illumination onto the adjacent residentially zoned property. 3. That the applicant submit a landscape improvement plan, as proffered, for review and approval by the City Manager and construct those improvements prior to issuance of a certificate of completion or occupancy for the emergency care center. 4. That the existing wall sign reading "Mount Sinai Aventura" be removed from the south building elevation prior to installation of the new wall signs. THE REQUEST The applicant, Mount Sinai Medical Center of Florida, Inc., is requesting variances from Section 31-191(g)(2)b. to permit three wall signs on a two story office building located at 2845 Aventura Boulevard, where one wall sign is permitted by Code and where one of those three wall signs is located on a building elevation within 300 feet of an adjacent residentially zoned property, where the Code does not allow a wall sign on a building elevation that faces an adjacent residentially zoned property within 300 feet of the elevation. A request in the original application for a second monument sign has been withdrawn by the applicant. (See Exhibit #1 for Letter of Intent) BACKGROUND OWNER OF PROPERTY Mount Sinai Medical Center of Florida Inc. LOCATION OF PROPERTY 2845 Aventura Boulevard (See Exhibit #2 for Location Map) LEGAL DESCRIPTION Part of Tract "L", Third Addition Biscayne Yacht and Country Club according to the plat thereof as recorded in Plat Book 92, Page 84 of the Public Records of Miami-Dade County, Florida, City of Aventura (See Exhibit #3 for complete legal description) ZONING Subject property: Property to the North: Property to the South: Property to the East: Property to the West: B2, Community Business District RMF3, Multifamily Medium Density Residential B2, Community Business District B2, Community Business District B2, Community Business District 2 EXISTING LAND USE Subject property: Property to the North: Property to the South: Property to the East: Property to the West: Medical Office Building Multifamily Residential Condominium Aventura Mall Office Building Retail Plaza FUTURE LAND USE - According to the City of Aventura Comprehensive Plan, the following properties are currently designated as follows: Subject property: Property to the North: Property to the South: Property to the East: Property to the West: Business and Office Medium-High Density Residential Business and Office Business and Office Business and Office The Site - The subject site is the two story Mount Sinai medical office building on Aventura Boulevard. The Project - The applicant is proposing to construct an emergency care center on the first floor of its medical office building. There will be no expansion to the existing building. Ambulances will access the care center from the existing covered drop-off area at the north (rear) face of the building. The applicant has submitted a sign package for the new emergency care center for City staff's review. The sign package includes a renovation of the existing monument sign at the main entrance to the site from Aventura Boulevard, directional signs within the site to direct patients to the emergency care center and office building and three wall signs. An original request for a second monument sign has been withdrawn by the applicant. The monument sign, directional signs and one of the wall signs comply with the City's sign regulations. Sign variance approval is required for installation of two additional wall signs and for the installation of a wall sign that faces an adjacent residentially zoned property located within 300 feet of the elevation. The sign package, showing location of the two additional wall signs, is attached as Exhibit #4. One wall sign measuring 418 square feet is permitted by Code. The applicant is proposing one wall sign on the southeasterly building face measuring 167 square feet, a second wall sign on the southwesterly building face measuring 100 square feet and a third wall sign on the porte-cohere on the north building face measuring 9 square feet. This third wall sign is proposed on a building elevation that faces a residentially zoned property within 300 feet of the elevation. 3 The applicant has proffered landscape improvements to upgrade existing plantings along Aventura Boulevard and within the parking area and to install new plantings along the rear property limit to screen the adjacent residential property. Construction of these improvements is a condition of approval of the requested sign variances. Citizen Comments - The Community Development Department has not received any written or verbal citizen comments. ANAL YSIS Section 31-191 (g)(2)b. of the City Code regulates wall signs on office build ings with signs located one to five stories high. One wall sign per building is permitted. The maximum size of the sign is one square foot for each one lineal foot of building frontage. This building has a frontage of 418 lineal feet; therefore, one wall sign at 418 square feet is permitted by Code. The applicant requests approval to install three wall signs, two of which will be on the front of the building and one on the rear of the building, measuring an aggregate of 276 square feet. While the number of signs exceeds that permitted by Code, the total square footage of all three wall signs is less than the size that would be allowed by Code for one wall sign. Two wall signs are proposed on the south elevation of the building for directional purposes. This building has an unusual frontage in that it is angled so that one part of the south elevation faces directly to the south towards Aventura Boulevard and the other part of the elevation is angled to the southwest towards Biscayne Boulevard. The proposed wall sign on the rear or north face of the building is requested to direct emergency vehicles to the drop off area. This rear building elevation faces an adjacent residentially zoned property, Biscayne Lake Gardens, located approximately 240 feet from the proposed location of the sign. The City's sign code does not allow wall signs which face an adjacent residentially zoned property within 300 feet of the elevation. The sign is proposed to be installed on the face of the existing porte-cochere which is angled to the west, therefore, this sign will not be directly visible to the nearest residential building. The applicant has also proffered a reverse channel letter sign to minimize illumination. Staff has added a condition of approval that all emergency vehicle sirens be turned off once the vehicle has entered the property to minimize noise disturbance to neighbors. The criteria for approval of sign variances are set out in Section 31-1910)(8) of the City of Aventura Land Development Regulations, as follows: 4 The Sign Variance maintains the basic intent and purpose of these regulations; particularly as it affects the stability and appearance of the City and provided that the variance will be otherwise compatible with the surrounding land uses and would not be detrimental to the community. No showing of unnecessary hardship to the land is required. These requests do preserve the unique character of the City and are not in conflict with the basic intent and purpose of the sign code. The signs are compatible with surrounding land uses, will not be detrimental to the community and will effectively index the environment. 5 Greenberg Traurig Exhibit 1 02-SV-07 Clifford A Schulman (305) 579-0613 Direct Fax (305) 961 -56] 3 E-Mail: schulmanc@gtlaw.com October 1, 2007 Ms. Joann Carr Planning Director City of A ventura 19200 West Country Club Drive A ventura, Florida 33180 \\t.():.\\jt.IJ ... \ 1~f01 ~C,\ r.?~t.~\ IJ t. \j t. ~v CO~~\j~\\'{ Re: Mt. Sinai Medical Center of Florida, Inc. / Application for Sign Variances / Letter of Intent Dear Ms. Carr: This constitutes the letter of intent for the Mt. Sinai Medical Center of Florida, Inc., (the "Applicant"), application requesting variances for 3 signs located on the site known as Mt. Sinai Medical Center - A ventura Campus. Photographs of each sign for which we are requesting a variance are attached as Exhibit "A". The Medical Center is remodeling its facility and including a new Emergency Center in order to better serve the community and therefore need to properly direct patients to the facility. The first sign for which we need a variance is a wall sign which while not exceeding the maximum sign area does exceed the number of signs per elevation permitted by Section 31- 191 (g)(9)(b) of the A ventura Code of Ordinances, (the "Code"). In the instant case, although considered one elevation, the wall slightly curves and in order to adequately provide guidance to the visitors of the Center as well as clearly indicate the new Emergency facility it becomes necessary to place a second wall sign on the elevation. The second variance request is for a second monument sign which exceeds the maximum sign area permitted under Section 31- 191(g)(9)(a) of the Code. However, the additional sign is necessary so that motorists may clearly and quickly access the Center's grounds. The last sign for which we seek a variance is also a wall sign located at the rear of the building which illustrates the Emergency Room location, but because it is illuminated and faces a residentially zoned area it is not permitted pursuant to Section 31-191 (1 )(2) of the Code. However, the sign is needed to clearly indicate to emergency vehicles as well as patrons, of the location of the emergency room. Due to the important function each of these signs serves in enhancing pubic safety, facilitating orderly traffic circulation, and providing guidance to the visitors of the Center, we respectfully request that you recommend approval of this variance application. If you have any MIA 179753213v1 9/27/2007 Greenberg Traurig, P.A. 1 Attorneys at Law 11221 BrickellAvenue I Miami, FL 33131 I Tel 305.579.0500 1 Fax 305.579.0717 I wwwgtlawcom Page 2 questions or need to discuss this matter further, please contact me at 305-579-0613. Thank you for your attention to this matter. inCerelY,~ {:or cc: Ms. Charlene Welker Javier F. A vifi6 MIA 179753213v1 9/27/2007 Greenberg Traurig, P.A. BROWARD COUNTY ..-.-.---. I" '. :. :. :. :. .. :. :. :. :. :. :. :. ;. '. DADE COUNTY IVESDAIRY RD. MIAMI GARDENS DR. LEGEND Roadways City Boundary -.-.- ZIP Code Boundary Railroad Exhibit 2 02-SV-07 Exhibit 3 02-SV-07 LEGAL DESCRIPTION OF PROPERTY A portion of Tract "L", Third Addition Biscayne Yacht and Country Club, according to the plat thereof as recorded in Plat Book 92 at Page 84 of the Public Records of Miami-Dade County, Florida, more particularly described as follows: Begin at the northwest corner of said Tract "L"; Thence N 87031 '53" E along the north line of said Tract "L" for 381.69 feet; Thence S 21058'08" E for 314.66 feet to a point on a circular curve concave to the southeast which bears N 25005'20" W from the center point of said curve; Thence southwesterly along the southerly line of said Tract "L" and along a circular curve to the left having a radius of 3892.72 feet and a central angle of 4052'27" for an arc distance of 331.16 feet to a point of reverse curvature; Thence southwesterly along a circular curve to the right having a radius of 1359.40 feet and a central angle of 8012'17" for an arc distance of 194.67 feet to the southwest corner of said Tract "L"; Thence N 03023'45" W along the west line of said Tract "L" for 514.10 feet to the point of beginning. ." :::T tu en (I) N , , , , , , , , , , , , , , , , , , , " ,," " ,," ,," ,," CD"" Exhibit 4 02-SV-07 ~r~l / ~ 1//// ~ // 8 ~ / ~ .,.. / "-J ",.., // ~ ~ // 0+ ~ // ~ o. 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'~;_ ~ ~ ~-' ~ " ~ 0 ~ G: c ['\.) -....J ::s (j) '-Ii ct '-l ~ (j) ~..J. 3' ~ ~ , I \ ~ T tv ~ I r- ~ > z n m l'ii ~~~ p~i~~~~~ f"Tl " :;:: CD ..... ... ~ 9 V> .. 0 :r> '< t:';oc ,,3i1,i.,../ r ~ ~ X.g C -0 3 ~om ;.mltp ~'" :J -0 "" ~ '" '" '" '" fJ g~...Jo e~ ;.~ :c ~ ". -I~ rt :;0 5. ~ .... :-i .... .... 2- i~g!~~~~e V> 0 0:: ~ ::> n ::> ::> "'..." 5' < Q -<' -<' -<' -0 f"Tl0.. m S' 3' .- ~:;o ~~~$t ~f~ e!. !=? ~ "T1 ~ "C "C "C It :::o~ ~ .. ~ .. .. llQ ~....J~ ~'J.e~f po~ ;?; '" :;:: :J> It ~ :Ii_a C"l e ~ .. :J "'< ~ f!~~ ~ --< ~ ~ !; ij;~ 0 ~ ro '< 0 its.l'~ t S' ~ ... ::> c. ~.. ~~tr" ~ :::0 0.. ~ > .. S' 3 .;! '" e;;J. t III <:r ~ UQ c: !=> ~~1~,!H . .. i"';<.,.J 2" r ~ 0 0 .. -' UQ n' APPLICANT REPRESENTATIVE AFFIDAVIT Pursuant to Section 31-71 (b)(2)(i) of the City of Aventura Land 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 property subject to the application (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. Attorneys, Architects, Landscape Architects, Engineers, Lobbyists, Etc.) Clifford A. Schulman Attornev Mario J. Garcia-Serra Attorney Javier F, Avino Attornev Terri L. Chadderton Architect (Attach Additional Sheets If Necessary) NOTICE: ANY STATEMENT OR REPRESENTATION MADE BY ANY PERSON LISTED ON THE APPLICANT REPRESENTATIVE AFFIDAVIT SHALL BE BINDING UPON THE INDIVIDUAL OR ENTITY APPLYING FOR THE DEVELOPMENT PERMIT AND THE OWNER OF THE SUBJECT PROPERTY. APPLICANTS AND AFFIANTS 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 THE APPLICATION BY THE CITY BOARD OR COMMISSION, THE INFORMATION PROVIDED IN THE AFFIDAVIT BEj;.J?MES INCORRECT OR INCOMPLETE. ;5. (!!!) WITNESS MY HAND THIS U DAY OF t)C'lZNiJ C:::X ,0] By: X B AUTHORIZED REPRESENTATIVE OF APPLICANT: (Signature) (Signature) Name: Charlene Welker / Steven So ~Prjl Title: f:>.JJ' C(b Address: MQ) AI....,W E{ft::J:> ~l~\ ~1J1 R- o3~ e~t/ceo .. Name: (Print) Title: Address: STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) fA 179752427v110/1/2007 Notary P Printed ame of Notary My commission expires: s~c Before me the undersigned authority personally appeared Chari authorized representative of the Applicant and/or the owner of the prope y by me duly sworn, did swear or affirm that he/she executed this Affidavi r true and correct. )( SWORN TO AND SUBSCRIBED BEFORE ME thisLS'day of MARITZA SHARPE MY COMMISSION # DO 541112 EXPIRES: April 17, 2010 !k>nQld Thru Notlry Publl<l Und'.lWrit~r. BUSINESS RELATIONSHIP AFFIDAVIT* ThiS Affidavit is made pursuant to Section 31-71 (b)(2)(ii) of the City of Aventura Land Development Code. The undersigned Affiant hereby discloses that: (mark with "x" applicable portions only) [X ] 1. Affiant does not have a Business Relationship with any member of the City Commission or any City Advisory Board to which the application will be presented. [ ] 2. Affiant hereby discloses that 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: the member serves). (List name of Commissioner or Advisory Board Member) who serves on (List City Commission or City Advisory Board upon which The nature of the Business Relationship is as follows: [ ] i. Member of City Commission or Board holds an ownership interest in excess of 1 % of total assets or capital stock of Applicant or Representative; [ ] ii. Member of City Commission or Board is a partner, co-shareholder (as to shares of a corporation which are not listed on any national or regional stock exchange) or joint venturer with the Applicant or Representative in any business venture; [ J iii, The Applicant or Representative is a Client of a member of the City Commission or Board or a Client of another professional working from the same office or for the same employer as the member of the City Commission or Board; [] iv. A City Commissioner or Board member is a Client of the Applicant or Representative; [J 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 ~. WITNESSMYHANDTHIS~DAYOF ~ .200J x , 200~ ;< (Signature) *The terms "Business Relationship," "Client," "Customer," "Applicant," "Representative" and "Interested Person" are defined in Section 2-395 of the Aventura City Code. 1 MIA 177712403v1 8/1012005 Printed Name of Notary My commission expires: WITNESS MY HAND THIS :.ti DAY OF ~efl.r(-,,\2'JL'-t.:. , 200.1 REPRESENTATIVE: (Listed on Business Relationship Affidavit) By: (Signature) By: (Signature Name: Clifford Schulman (Print) Name: (Print) Title: Attornev (Print) Title: (Print) By: (Signature) By: (Signature Name: Mario Garcia-Serra (Print) Name: (Print) Title: Attornev (Print) Title: (Print) By: (Signature) By: (Signature Name: Javier Avina (Print) Name: (Print) Title: Attornev (Print) Title: (Print) By: (Signature) By: (Signature (Print) Name: (Print) (Print)) Title: (Print) X By: (Signature) By: (Signature Name: Charlene Welker (Print) Name: (Print) X titvP. CoO . (Print) Title: (Print) '!- .. 1-- Illif (Signature) By: (Signature ( , Name:~t\ t).lU~re\ch(print) Name: (Print) Title: <?ns"6.Gf\+ J~EO (Print) Title: (Print) , NOTE: 1) Use duplicate sheets if disclosure information for Representative varies 2) Applicants and Affiants 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 the application by the City Board or Commission, the information provided in the Affidavit becomes incorrect or incomplete. 3 MIA 177712403v1 8/10/2005 WITNESS MY HAND THIS It DAY OF f2J0~ isted on Business Relationship Affidavit) By: (Signature) By: (Signature Name: Clifford Schulman (Print) Name: (Print) Title: Attornev (Print) Title (Print) BY~~~ (Signature) By: (Signature I , Name: Mario Garcia-Serra (Print) Name: (Print) Title Attornev (Print) Title: (Print) (Signature) By: (Signature (Print) Name: (Print) Title: Attornev (Print) Title: (Print) By: (Signature) By: (Signature Name: Terri Chadderton (Print) Name: (Print) Title Architect (Print)) Title: (Print) By: (Signature) By (Signature Name: Charlene Welker (Print) Name: (Print) Title: (Print) Title: (Print) By (Signature) By: (Signature Name (Print) Name: (Print) Title: (Print) Title: (Print) NOTE: 1) Use duplicate sheets if disclosure information for Representative varies 2) Applicants and Affiants are advised 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 the application by the City Board or Commission, the information provided in the Affidavit becomes incorrect or incomplete. 2 MIA 179752427v1 9/26/2007 ,\"'~II", Elaine Kost - ',. '~""" ""... I. ~ :. ,-- .;,': lD!!OllUIOn # lJD3~~127 :: ~:5..~" ~ b:pires: ocr, 24, Z008 --.-. ---"'!,-" &nded Tbru ";"",,, AtJ.~tic &DdiDr Cc., IDe. Printed Name of Notary ?I -i ~. . /),j.~ 'i)" My commission expires: _./'e., C 1- ,,;11; '?'- c. WITNESS MY HAND THIS I'~DAYOF{J~~ . , 200Z. REPRESENTATIVE: (Listed on Business Relationship Affidavit) By: (Signature) By: (Signature Name: Clifford Schulman (Print) Name: (Print) Title: Attorney (Print) Title: (Print) By: (Signature) By: (Signature Name: Mario Garcia-Serra (Print) Name: (Print) Title: Attorney (Print) Title: (Print) By: (Signature) By: (Signature Name: Javier Avino (Print) Name: (Print) Title: Attorney (Print) Title: (Print) X By: V1Mffi.f~J..~ J.lJ.~ (Signature) By: (Signature Name: Terri Chadderton (Print) Name: (Print) Title: Architect (Print)) Title: (Print) By: (Signature) By: (Signature Name: Charlene Welker (Print) Name: (Print) Title: (Print) Title: (Print) By: (Signature) By: (Signature Name: (Print) Name: (Print) Title: (Print) Title: (Print) NOTE: 1) Use duplicate sheets if disclosure information for Representative varies 2) Applicants and Affiants are advised 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 the application by the City Board or Commission, the information provided in the Affidavit becomes incorrect or incomplete. 3 MIA 177712403v1 8/10/2005 AFFIANT #\ X SWORN TO AND SUBSCRIBED before me this \S day of &10\cc<:: ,200f ~ C\J ~ Eoj i;jl;-", Cl~"E Cl -" :J: ""~. .lI en ~ R~ r t e Affiant, who being first by mb diJly sworn, '~ii! . is true nd correct. J 5 i5: l ~[;}j NOTARIZATION PROVISION STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me, the undersigned authority, personally appeared Charlene affirm that he/she executed this Affidavit for the purposes stated therein and tha ,,\.,\'~I.Pfr.. fF....~~ ~~.. ~. ~~ , . it;! .~'f..:~~ ~~:~:~;~;~:;~~~,~~~:,:~~~~:;:;~:::I::t~:~;~;:~~~~h~X;:~:~":;::~-;r}~;~~~U~~"9-fi,~tb~m~-d:,y~w~l; m , mt<l 00 < $3E~~ AFFIAN :i ~ i5: (:. (.) [;} ~ )< SWORN TO AND SUBSCRIBED before me this /5 day of OC-7V~2007 ~ .s d:- STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me, the undersigned authority, personally appeared the Affiant, who being first by me duly sworn, did swear or affirm that he/she executed this Affidavit for the purposes stated therein and that it is true and correct. AFFIANT SWORN TO AND SUBSCRIBED before me this _ day of ,200_ Notary Public State of Florida At large Printed Name of Notary My commission expires: STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me, the undersigned authority, personally appeared the Affiant, who being first by me duly sworn, did swear or affirm that he/she executed this Affidavit for the purposes stated therein and that it is true and correct AFFIANT SWORN TO AND SUBSCRIBED before me this _ day of ,200_ Notary Public State of Florida At Large 1 MIA 179752427v1 10/1/2007 NOTARIZATION PROVISION STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) irst by me duly sworn, did swear or STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me, the undersigned authority, personally appeared Mario Garcia-Serra the Affiant, who being first by me duly sworn, did swear or affirm that he/she executed this Affidavit for the purposes stated therein and that it is true and correct. SWORN TO AND SUBSCRIBED before me this L day of /.~"...~,.":.'.._,,, STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me, the undersigned authority, personally appeared Javier Avino the Affiant, who being first by me duly sworn, did swear or affirm that he/she executed this Affidavit for the purposes stated therein and that it is tru and correct. SWORN TO AND SUBSCRIBED before me this 27 day of STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me, the undersigned authority, personally appeared Terri Chadderton the Affiant, who being first by me duly sworn, did swear or affirm that he/she executed this Affidavit for the purposes stated therein and that it is true and correct. AFFIANT SWORN TO AND SUBSCRIBED before me this _ day of ,200_ Notary Public State of Florida At Large 1 M/A 179752427v1 9/26/2007 NOTARIZATION PROVISION STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me, the undersigned authority, personally appeared Clifford Schulman the Affiant. who being first by me duly sworn, did swear or affirm that he/she executed this Affidavit for the purposes stated therein and that It is true and correct. AFFIANT SWORN TO AND SUBSCRIBED before me this _ day of ,200_. Notary Public State of Florida At Large Printed Name of Notary My commission expires: ---------------~---------~--------------------------------------------------------------------------------------------------------------- STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me, the undersigned authority, personally appeared Mario Garcia-Serra the Affiant, who being first by me duly sworn, did swear or affirm that he/she executed this Affidavit for the purposes stated therein and that it is true and correct. AFFIANT SWORN TO AND SUBSCRIBED before me this _ day of ,200_. Notary Public State of Florida At Large Printed Name of Notary My commission expires: STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me, the undersigned authority, personally appeared Javier Avino the Affiant, who being first by me duly sworn, did swear or affirm that he/she executed this Affidavit for the purposes stated therein and that it is true and correct. AFFIANT SWORN TO AND SUBSCRIBED before me this _ day of ,200_ Notary Public State of Florida At Large Printed Name of Notary My commission expires: STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me, the undersigned authority, personally appeared Terri Chadderton the Affiant, who being first by me duly sworn, did swear or affirm that he/she executed this Affidavit for the purposes stated therein and that it is true and correct. 2 M/A 177712403v1 8/1012005 x~e~ AFFIANT AiJ ~! . SWORN TO AND SUBSCRIBED before me this L day of .-' J~,,-, 200. L. .) ,,~ .. ;:;: . -"..ea<:~ . ,a;:~, ,<&:~.'~~";__ El~I~e Kostuk Notary Public State of Florida At Large f~:"'~"?:-~ Co~ml~lon # DD354n7 :.'~""'~"~: f..x:plr~j. ocr. 24, 2008 ',-~''''''~"" Booded Thru ,. rIFf'" Ad . D. d' r. I '1/IUl\* ua..ntlt DQC .1.DI \,....0., Dc... x RESOLUTION NO. 2007- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING SIGN VARIANCES FOR MOUNT SINAI MEDICAL CENTER OF FLORIDA INC. TO PERMIT A SECOND WALL SIGN ON THE SOUTH BUILDING ELEVATION, WHERE ONE SIGN IS PERMITTED BY CODE; AND TO PERMIT A THIRD WALL SIGN ON THE NORTH BUILDING ELEVATION WHICH SIGN FACES AN ADJACENT RESIDENTIALLY ZONED PROPERTY LOCATED WITHIN 300 FEET OF THE ELEVATION, WHERE ONE WALL SIGN IS PERMITTED BY CODE AND NO WALL SIGN IS PERMITTED ON A BUILDING ELEVATION THAT FACES AN ADJACENT RESIDENTIALLY ZONED PROPERTY LOCATED WITHIN 300 FEET; ALL FOR PROPERTY LOCATED AT 2845 AVENTURA BOULEVARD, CITY OF AVENTURA; PROVIDING AN EFFECTIVE DATE. WHEREAS, the property described herein is zoned B2, Community Business District; and WHEREAS, the Applicant, Mount Sinai Medical Center of Florida Inc., through Application No. 02-SV-07, has requested sign variances to permit three wall signs on a two story office building located at 2845 Aventura Boulevard, where one wall sign is permitted by Code and where one of those three wall signs is located on a building elevation within 300 feet of an adjacent residentially zoned property, where no wall sign on a building elevation that faces an adjacent residentially zoned property within 300 feet of the elevation is permitted 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. Resolution No. 2007- Page 2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Application No. 02-SV-07 for Sign Variances to permit three wall signs on a two story office building located at 2845 Aventura Boulevard, where one wall sign is permitted by Code and where one of those three wall signs is located on a building elevation within 300 feet of an adjacent residentially zoned property, where no wall sign on a building elevation that faces an adjacent residentially zoned property within 300 feet of the elevation is permitted by Code, on property legally described in Exhibit "A" to this resolution, is hereby granted, subject to the following conditions: 1. That all emergency vehicle sirens be turned off once the vehicle has entered the property, so as not to create a noise disturbance to adjacent residents. 2. That the sign on the north building elevation be a reverse channel letter sign to minimize illumination onto the adjacent residentially zoned property. 3. That the applicant submit a landscape improvement plan, as proffered, for review and approval by the City Manager and construct those improvements prior to issuance of a certificate of completion or occupancy for the emergency care center. 4. That the existing wall sign reading "Mount Sinai Aventura" be removed from the south building elevation prior to installation of the new wall signs. Section 2. 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 lev Auerbach Commissioner Teri Holzberg Commissioner Billy Joel Commissioner Michael Stern Commissioner Luz Urbaez-Weinberg Vice Mayor Bob Diamond Mayor Susan Gottlieb Resolution No. 2007- Page 3 PASSED AND ADOPTED this 6th day of November, 2007. Susan Gottlieb, Mayor ATTEST: Teresa M. Soroka, MMC, City Clerk APPROVED AS TO LEGAL SUFFICIENCY: M~.~ CITY ATTORNEY This Resolution was filed in the Office of the City Clerk this _ day of ,2007. CITY CLERK Resolution No. 2007- Page 4 EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY A portion of Tract "L", Third Addition Biscayne Yacht and Country Club, according to the plat thereof as recorded in Plat Book 92 at Page 84 of the Public Records of Miami- Dade County, Florida, more particularly described as follows: Begin at the northwest corner of said Tract "L"; Thence N 87031 '53" E along the north line of said Tract "L" for 381.69 feet; Thence S 21058'08" E for 314.66 feet to a point on a circular curve concave to the southeast which bears N 25005'20" W from the center point of said curve; Thence southwesterly along the southerly line of said Tract "L" and along a circular curve to the left having a radius of 3892.72 feet and a central angle of 4052'27" for an arc distance of 331.16 feet to a point of reverse curvature; Thence southwesterly along a circular curve to the right having a radius of 1359.40 feet and a central angle of 8012'17" for an arc distance of 194.67 feet to the southwest corner of said Tract "L"; Thence N 03023'45" W along the west line of said Tract "L" for 514.10 feet to the point of beginning. CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM FROM: Eric M. Soroka, IC City Manager TO: City Commission BY: Joanne Carr, AIC Planning Director DATE: October 18, 2007 SUBJECT: Request of Turnberry Associates and Aventura Mall Venture for Sign Variances, Aventura Mall, 19501 Biscayne Boulevard (01-SV-07) November 6,2007 City Commission Meeting Agenda Item to -/5 RECOMMENDATION It is recommended that the City Commission: 1. Approve the request for variance to permit the name of a tenant occupying 25,000 square feet and the name of a tenant occupying 90,000 square feet on six directional signs, where directional signs in a regional mall may list only tenants occupying 100,000 square feet or more by Code; and, 2. Approve the request for variance to permit an exterior wall sign for a tenant occupying 25,000 square feet, where exterior wall signs are permitted by Code for tenants occupying 100,000 square feet or more or for tenants with direct exterior access THE REQUEST The applicant, Turnberry Associates and Aventura Mall Venture, is requesting the following variances: 1. Variance from Section 31-191 (g)(8)f. of the City Code to permit the name of a tenant occupying 25,000 square feet and the name of a tenant occupying 90,000 square feet on six directional signs, where directional signs in a regional mall may list only tenants occupying 100,000 square feet or more by Code; and 2. Variance from Section 31-191(g)(8)b. of the City Code to permit an exterior wall sign for a tenant occupying 25,000 square feet, where exterior wall signs are permitted by Code for tenants occupying 100,000 square feet or more or for tenants with direct exterior access (See Exhibit #1 for Letter of Intent) BACKGROUND OWNER OF PROPERTY Turnberry Associates and Aventura Mall Venture LOCATION OF PROPERTY 19501 Biscayne Boulevard Aventura Mall (See Exhibit #2 for Location Map) LEGAL DESCRIPTION See Exhibit #3 for Legal Description ZONING Subject property: Property to the North: Property to the South: B2, Community Business District B2, Community Business District, and CF, Community Facilities District B2, Community Business District and U, Utilities District ROS, Recreation Open Space District, B2, Community Business District and RMF4, Multifamily High Density Residential District U, Utilities District Property to the East: Property to the West: EXISTING LAND USE Subject property: Property to the North: Property to the South: Property to the East: Property to the West: Aventura Mall Office Buildings Retail Plaza, Utility Substation Hotel, Golf Course, Residential Condominiums FEC Railway FUTURE LAND USE - According to the City of Aventura Comprehensive Plan, the following properties are currently designated as follows: Subject property: Business and Office 2 Property to the North: Property to the South: Property to the East: Business and Office Business and Office Business and Office, Parks and Recreation, Medium-High Density Residential Business and Office Property to the West: The Site - The subject site is the Aventura Mall. It is comprised of 97.96 acres of land bounded by Biscayne Boulevard to the west, West Country Club Drive to the east, Aventura Boulevard to the north and the William Lehman Causeway to the south. The site contains an existing regional mall with over 2.5 million square feet of area. The Project - The Aventura Mall received administrative site plan approval for the Nordstrom Expansion on September 21, 2006. The expansion project consisted of replacing the previous Lord & Taylor store with a Nordstrom store and new retail and restaurant spaces that will connect to the main mall structure. The applicant is in the process of renovating its existing signage and has submitted a sign package for City staff's review. The monument signs at the entrances from Biscayne Boulevard, Aventura Boulevard and West Country Club Drive are being redesigned to match the new interior design of the mall. The directional signs will also be redesigned to match the monument signs. The proposed monument signs and the size of the directional signs comply with the City's sign regulations. Sign variance approval is requested for a proposed exterior wall sign for a tenant in the expansion area and for the proposed listing of tenant names on directional signs. One of the tenants that is scheduled to occupy the expansion area in the Aventura Mall is Equinox Fitness Club. Equinox's tenant space will consist of approximately 25,000 square feet on the second floor without an exterior access. The applicant has requested an exterior wall sign to direct patrons to the facility. The applicant is also requesting that this tenant's name be added to directional signs throughout the mall site. The applicant has also requested that AMC 24 Theatres be listed on the directional signs. The theater occupies approximately 90,000 square feet. Citizen Comments - As of the date of writing this report, the Community Development Department has not received any written or verbal citizen comments. 3 ANAL YSIS Community Development Department Analysis - Request #1 - Variance from Section 31-191(a)(8)f. of the City Code to allow directional sians for a tenant occupvina approximatelv 25,000 square feet and for a tenant occupvina approximatelv 90,000 square feet, where these sians are permitted bv Code to list onlv tenants occupvina 100,000 square feet or more. Section 31-191 (g)(8)f. of the City Code regulates directional signs for regional malls. Directional signs are permitted to list the name and/or logo of tenants occupying 100,000 square feet or more. The maximum sign area is 75 square feet, the maximum height is 9 feet and logos may cover no more than 25% of the sign area. The applicant proposes to remove the existing six directional signs that are located on the internal mall road and replace them with six new directional signs with the same design as the interior of the mall. The proposed location of the signs is shown on the site plan attached as Exhibit #4. The sign detail is attached as Exhibit #5. The applicant is requesting a sign variance to allow Equinox Fitness Club and AMC Theatres to be listed on six directional signs. Equinox will occupy approximately 25,000 square feet and AMC Theatres occupies approximately 90,000 square feet. The variance is requested to properly direct patrons of these two tenants to their respective facilities. Both Equinox Fitness Club and AMC 24 Theatres are primarily single destination tenants, that is, those who utilize the Equinox Fitness Club and the AMC 24 Theatres will usually not patronize other areas of the mall. The applicant requests the variance to provide direction to these two tenants. The criteria for approval of sign variances are set out in Section 31-1910)(8) of the City of Aventura Land Development Regulations, as follows: The Sign Variance maintains the basic intent and purpose of these regulations; particularly as it affects the stability and appearance of the City and provided that the variance will be otherwise compatible with the surrounding land uses and would not be detrimental to the community. No showing of unnecessary hardship to the land is required. This request does preserve the unique character of the City and is not in conflict with the basic intent and purpose of the sign code. The signs are compatible with surrounding land uses, will not be detrimental to the community and will effectively index the environment. 4 Request #2 - Variance from Section 31-191(a)(8)b. of the City Code to permit an exterior wall sian for a tenant occupyina approximately 25,000 square feet, where these sians are only permitted for tenants containina 100,000 square feet or more and for exterior access tenants. Section 31-191 (g)(8)b. of the City Code allows wall signs for major tenants of not less than 100,000 square feet that face the exterior regional mall property and that are located on the exterior wall of the specific tenant space identified. The maximum sign area for these major tenants is 500 square feet. Exterior access tenants, that is, those tenants that have a door to their tenant space directly from the exterior of the mall are allowed a wall sign measuring not more than 75 square feet. The applicant is requesting a sign variance to permit a 75 square foot wall sign for Equinox Fitness Club, a new tenant on the second floor of the mall expansion that does not occupy 100,000 square feet or more and that does not have direct exterior access. The sign is requested to direct patrons of this tenant to its facility. This is a primarily single destination tenant, that is, those who utilize the Equinox Fitness Club will usually not patronize other areas of the mall. The sign is proposed to be located on the southeast wall of the mall expansion as shown on the site plan attached as Exhibit #4. The wall sign will allow patrons of this tenant to easily identify the closest mall entrance. The sign detail is attached as Exhibit #6. The criteria for approval of sign variances set out in Section 31-1910)(8) of the City of Aventura Land Development Regulations is as follows: The Sign Variance maintains the basic intent and purpose of these regulations; particularly as it affects the stability and appearance of the City and provided that the variance will be otherwise compatible with the surrounding land uses and would not be detrimental to the community. No showing of unnecessary hardship to the land is required. This request does preserve the unique character of the City and is not in conflict with the basic intent and purpose of the sign code. The sign is compatible with the surrounding land uses and will effectively index the environment. 5 ~ BERCOW RADELL &. FERNAN DEZ ZONING. LAND USE AND ENVIRONMENTAL LAVV DIRECT LINE: (305) 377-6238 E-Mail: Mrnarrero@BRZoningLaw.com VIA HAND DELIVERY October 15, 2007 Exhibit # 1 01-SV-07 Joanne Carr Community Development Director City of A ventura 19200 West Country Club Drive A ventura, Florida 33180 Re: Letter of Intent for Aventura Mall Sign Variance Dear Joanne: This law firm represents Turnberry Associates and A ventura Mall Venture (the" Applicant"), co-owner and managing partners of the Aventura Mall, located at 19501 Biscayne Blvd., A ventura, Florida (the "Property"). This letter shall serve as our Letter of Intent for two (2) variances to the City's signage regulations. The Property. The Property consists of 97.96 acres of gross area, and is owned by the Applicant. The Property is located east of Biscayne Boulevard and West Country Club Drive on the west; with the William Lehman Causeway to the south, and Aventura Boulevard to the north. The Aventura Mall is zoned B-2 and has been serving the South Florida community as a super-regional mall for over 20 years, and serving over 20 million customers per year. An AMC Theater already exists on the Property. Nordstrom Expansion. The Mall has already obtained site plan approval for the Nordstrom expansion which will replace the previously existing Lord & Taylor store with a Nordstrom's Department store and additional retail and restaurant establishments, which will connect to the main mall structure. Equinox. One of the premiere tenants that is scheduled to occupy Aventura Mall is Equinox Fitness Club ("Equinox"). Equinox is an upscale fitness club intended to primarily serve the residents of the City. It aims to provide a health and fitness experience above and beyond a typical gym or fitness club. WACHOVIA FINANCIAL CENTER' 200 SOUTH BISCAYNE BOULEVARD, SUITE 850. MIAMI, FLORIDA 33131 PHONE. 305.374.5300 . FAX. 305.377.6222 Ms. Joanne Carr October 19,2007 Page 2 Variance Request. This approved expansion will necessitate two (2) variances to the City's Sign Regulations, related to the tenancy of Equinox and AMC Theater. Both Directional Signs and Wall Signs are permitted in regional shopping centers pursuant to the City Code. However, these signs are only permitted for tenants of containing 100,000 square feet or more, where Equinox and AMC will only contain approximately 25,000 square feet. The following definitions apply: D'irectionaljinstructiona sign: A sign that guides or directs the public and contains no advertising. The name of the facility (such as store name) to which the sign provides direction may be included when specified conditions in this section are met. Wall sign: A sign which is affixed to or painted on and flat against an exterior wall, fascia, cantilever or marquee of any building that is parallel thereto and supported by such wall, fascia, cantilever, marquee or building. Additionally, the Code provides that "Wall signs are only permitted on the three exterior walls of the major tenants of not less than 100,000 square feet that face the exterior regional mall property. Other tenants that provide direct pedestrian access from the mall property such as major restaurants or theaters may also have wall signs." Equinox and AMC Theater do not meet either of the above conditions. Nevertheless, they meet the standards outlined in Section 33-1910)(8) of the City Code for the granting of a sign variance, addressed herein: A variance may be granted upon a showing by the applicant that the sign variance maintains the basic intent and purpose of these regulations, particularly as it affects the stability and appearance of the City and provided that the variance will be otherwise compatible with the surrounding land uses and would not be detrimental to the community. No showing of unnecessary hardship to the land is required. A fitness center and theater are different from a typical retail mall tenant. Patrons shopping at the retail stores will typically travel through the mall and enjoy many of the stores. However, patrons of Equinox and AMC Theater will, more often than not, travel to and from that destination. Thus, directional and BERcaw RADELL &. FERNAN DEZ ZC>NING_ LAND USE AND ENVIRONMENTAL LAV't/ Ms. Joanne Carr October 19,2007 Page 3 wall signage related to these tenants are critical in directing patrons to the closest method of entering the Equinox and AMC Theater. Equinox is the only fitness center to be located in A ventura Mall. Because patrons of Equinox will often be using the fitness center at hours when the majority of the mall is closed, it requires directional and wall signs, not otherwise intended for tenants under 100,000 square feet. Particularly, since direct access is not provided, it is critical that patrons understand the most efficient way to get to Equinox (directional sign) and the closet entrance (wall sign). This also applies to AMC Theater. A fitness center and theater are permitted uses in the B2 zoning district. Therefore, the granting of this variance will not be incompatible with the surrounding land areas. Furthermore, the granting of the variance will not be detrimental to the community or public welfare. It is expected that the granting of the variance will minimize traffic and congestion in the area, in turn increasing public safety and by best guiding patrons of a unique use to their destination, and minimizing traffic in other areas of the mall and associated parking lot. The proposed variance will not increase congestion in the public streets, or increase the danger of fire, or endanger the public safety, or diminish or impair property values within the City. As to the directional signs, the signs will already exist. The only change will be the addition of Equinox's name on the sign. As to the wall sign, although there will be an additional wall sign for Equinox, the sign will be part of the overall mall expansion. Thus an additional sign will be in conformance with the expansion of the wall area of the A ventura Mall structure. For all the foregoing reasons, the applicant respectfully reR,uests your department's favorable review and recommendation of this application. Sincerel y, ~.~ Michael J. Marrero MJM cc: Ken Bernstein, Esq. Jodie Siegel, Esq. Jeffrey Bercow, Esq. BERcaw RADELL & FERNANDEZ ZONING, LAND USE AND ENVIRC>Nfv1ENTAL LAVV --' ..-.-.-.-. DADE COUNTY IVES DAIRY RD. MIAMI GARDENS DR. LEGEND Roadways City Boundary -. -. - ZIP Code Boundary Railroad Exhibit #2 01-SV-07 Exhibit #3 01-SV-07 LEGAL DESCRIPTION PARCEL 1: TRACT "R", OF "AVENTURA SIXTH ADDmON", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 120 AT PAGE 20 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. PARCEL 2: A PORTION OF TRACT "Q" OF "AVENTURA SIXTH ADDmON", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 120 AT PAGE 20 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SECTION 3, TOWNSHIP 52 SOUTH, RANGE 42 EAST, DADE COUNTY, FLORIDA; THENCE NORTH 87 DEGREES 27'29" EAST, ALONG THE NORTH LINE OF SAID SECTION 3 FOR 875.83 FEET TO A POINT ON THE CENTERLINE OF AVENTURA BOULEVARD AS SHOWN ON SAID PLAT OF "AVENTURA SIXTH ADDmON"; THENCE SOUTH 02 DEGREES 32'31" EAST FOR 73.00 FEET TO A POINT ON THE NORTH LINE OF SAID TRACT "Q"; THENCE SOUTH 87 DEGREES 27'29" WEST, ALONG THE NORTH LINE OF SAID TRACT "Q" FOR 12.60 FEET TO A POINT OF CURVATURE; THENCE SOUTHWESTERLY AND SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 50.00 FEET AND A CENTRAL ANGLE OF 89 DEGREES 35'24" FOR AN ARC DISTANCE OF 78.18 FEET TO THE POINT OF TANGENCY BEING ON THE WESTERLY LINE OF TRACT "H" OF "AVENTURA FOURTH ADDmON", ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 116, PAGE 34, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; THENCE SOUTH 02 DEGREES 07'55" EAST ALONG THE WESTERLY LINE OF SAID TRACT "H" FOR 423.52 FEET; THENCE NORTH 87 DEGREES 52'05" EAST FOR 26.00 FEET TO THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED TRACT OF LAND; THENCE NORTH 87 DEGREES 52'05" EAST FOR 148.00 FEET; THENCE NORTH 42 DEGREES 52'05" EAST FOR 56.57 FEET; THENCE NORTH 02 DEGREES 07'55" WEST FOR 31.63 FEET TO A POINT OF CURVATURE; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 325.00 FEET AND A CENTRAL ANGLE OF 72 DEGREES 28'48.8" FOR AN ARC DISTANCE OF 411.13 FEET TO THE POINT OF TANGENCY; THENCE NORTH 70 DEGREES 20'53.8" EAST FOR 122.00 FEET; THENCE NORTH 25 DEGREES 20'53.8" EAST FOR 58.66 FEET; THENCE NORTH 25 DEGREES 53'40" WEST FOR 94.96 FEET TO A POINT ON THE NORTH LINE OF SAID TRACT "Q", SAID POINT ALSO BEING ON THE ARC OF A CIRCULAR CURVE CONCAVE TO THE NORTHWEST AND BEARS SOUTH 21 DEGREES 19'21" EAST FROM THE CENTER OF SAID CURVE; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, AND ALONG THE NORTHERLY LINE OF SAID TRACT "Q", HAVING A RADIUS OF 1505.40 FEET AND A CENTRAL ANGLE OF 04 DEGREES 34'19" FOR AN ARC DISTANCE OF 120.12 FEET; THENCE SOUTH 25 DEGREES 53'40" EAST FOR 117.40 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE CONCAVE TO THE SOUTHEAST AND BEARS NORTH 46 DEGREES 09'58" WEST FROM THE CENTER OF SAID CURVE; THENCE NORTHEASTERLY AND SOUTHEASTERLY ALONG THE ARC OF SAID CIRCULAR CURVE TO THE RIGHT HAVING A RADIUS OF 500.00 FEET AND A CENTRAL ANGLE OF 65 DEGREES 24'26" FOR AN ARC DISTANCE OF 570.78 FEET TO A POINT OF REVERSE CURVATURE; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 125.00 FEET AND A CENTRAL ANGLE OF 23 DEGREES 10'58" FOR AN ARC DISTANCE OF 50.58 FEET; THENCE SOUTH 13 DEGREES 08'55" EAST FOR 10.62 FEET; THENCE NORTH 76 DEGREES 51'05" EAST FOR 342.85 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE CONCAVE TO THE NORTHEAST, SAID POINT BEARS SOUTH 81 DEGREES 39'40" WEST FROM THE CENTER OF SAID CURVE; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 810.00 FEET AND A CENTRAL ANGLE OF 04 DEGREES 48'35" FOR AN ARC DISTANCE OF 68.00 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 13 DEGREES 08'55" EAST FOR 469.40 FEET; THENCE NORTH 87 DEGREES 19'28" EAST FOR 111.00 FEET (THE LAST EIGHT (8) COURSES BEING ALONG THE BOUNDARY OF SAID TRACT "Q"); THENCE SOUTH 02 DEGREES 40'32" EAST FOR 42.00 FEET; THENCE NORTH 87 DEGREES 19'28" EAST FOR 123.00 FEET; THENCE SOUTH 02 DEGREES 40'32" EAST FOR 20.00 FEET; THENCE NORTH 87 DEGREES 19'28" EAST FOR 74.00 FEET; THENCE SOUTH 02 DEGREES 40'32" EAST FOR 639.08 FEET; THENCE NORTH 86 DEGREES 44'34" EAST FOR 42.00 FEET; THENCE SOUTH 02 DEGREES 40'32" EAST FOR 116.48 FEET; THENCE NORTH 81 DEGREES 11'29" EAST FOR 294.34 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE CONCAVE TO THE NORTHEAST, SAID POINT BEARS SOUTH 81 DEGREES 11'29" WEST FOR THE CENTER OF SAID CURVE, SAID POINT ALSO BEING ON THE EAST LINE OF SAID TRACT "R", AS SHOWN ON SAID PLAT OF "AVENTURA SIXTH ADDmON"; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT AND ALONG THE EAST LINE OF SAID TRACT "Q", HAVING FOR ITS ELEMENTS A RADIUS OF 4656.66 FEET AND A CENTRAL ANGLE OF 6 DEGREES 38'08" FOR 539.29 FEET; THENCE NORTH 69 DEGREES 17'55" WEST FOR 25.00 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE CONCAVE TO THE NORTHWEST, SAID POINT BEARS SOUTH 69 DEGREES 18'08 EAST FROM THE CENTER OF SAID CURVE; THENCE SOUTHEASTERLY AND SOUTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 30.00 FEET AND A CENTRAL ANGLE OF 64 DEGREES 25'24" FOR AN ARC DISTANCE OF 33.73 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 85 DEGREES 07'16" WEST FOR 87.61 FEET TO A POINT OF CURVATURE; THENCE SOUTHWESTERLY AND NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 30.00 FEET AND A CENTRAL ANGLE OF 92 DEGREES 56'22" FOR AN ARC DISTANCE OF 48.66 FEET TO A POINT OF REVERSE CURVATURE; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 555.00 FEET AND A CENTRAL ANGLE OF 24 DEGREES 44'30" FOR AN ARC DISTANCE OF 239.66 FEET; THENCE SOUTH 60 DEGREES 00'00" WEST FOR 30.86 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE CONCAVE TO THE NORTHWEST, SAID POINT BEARS SOUTH 79 DEGREES 11'39" EAST FROM THE CENTER OF SAID CURVE; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 135.00 FEET AND A CENTRAL ANGLE OF 48 DEGREES 00'00" FOR AN ARC DISTANCE OF 113.10 FEET TO A POINT OF REVERSE CURVATURE; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 726.18 FEET AND A CENTRAL ANGLE OF 29 DEGREES 18'21" FOR AN ARC DISTANCE OF 371.43 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 29 DEGREES 30'00" WEST FOR 331.34 FEET TO A POINT OF CURVATURE; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 110.00 FEET AND A CENTRAL ANGLE OF 25 DEGREES 00'00" FOR AN ARC DISTANCE OF 48.00 FEET; THENCE SOUTH 35 DEGREES 30'00" EAST RADIAL TO THE LAST DESCRIBED CURVE FOR 31.98 FEET; THENCE SOUTH 29 DEGREES 58'54" WEST FOR 92.90 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE CONCAVE TO THE NORTHWEST, SAID POINT BEARS SOUTH 07 DEGREES 29'11" WEST FROM THE CENTER OF SAID CURVE; THENCE SOUTHEASTERLY AND NORTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 555.00 FEET AND A CENTRAL ANGLE OF 54 DEGREES 56'22" FOR AN ARC DISTANCE OF 532.17 FEET TO A POINT OF REVERSE CURVATURE; THENCE NORTHEASTERLY AND SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 35.00 FEET AND A CENTRAL ANGLE OF 84 DEGREES 24'26" FOR AN ARC DISTANCE OF 51.56 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 53 DEGREES 02'45" EAST FOR 0.31 FEET TO A POINT OF CURVATURE; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 522.50 FEET AND A CENTRAL ANGLE OF 27 DEGREES 32'27" FOR AN ARC DISTANCE OF 251.15 FEET TO A POINT OF REVERSE CURVATURE; THENCE SOUTHEASTERLY AND SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 5.00 FEET AND A CENTRAL ANGLE OF 125 DEGREES 32'55" FOR AN ARC DISTANCE OF 10.96 FEET; THENCE SOUTH 45 DEGREES 02'32" EAST FOR 25.00 FEET TO A POINT ON THE SOUTH LINE OF SAID TRACT "Q", SAID POINT ALSO BEING ON THE ARC OF A CIRCULAR CURVE CONCAVE TO THE NORTH AND BEARS SOUTH 11 DEGREES 34'12" EAST FROM THE CENTER OF SAID CURVE; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT AND ALONG THE SOUTH LINE OF SAID TRACT "Q" HAVING A RADIUS OF 5594.58 FEET AND A CENTRAL ANGLE OF 04 DEGREES 13'04" FOR AN ARC DISTANCE OF 411.84 FEET; THENCE SOUTH 73 DEGREES 10'52" WEST ALONG THE SOUTH LINE OF SAID TRACT "Q" FOR 193.18 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE CONCENTRIC WITH THE LAST DESCRIBED CURVE, SAID POINT BEARS SOUTH 05 DEGREES 24'45" EAST FROM THE CENTER OF SAID CURVE; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 5629.58 FEET AND A CENTRAL ANGLE OF 01 DEGREES 01'21" FOR AN ARC DISTANCE OF 100.46 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE CONCAVE TO THE NORTHEAST, SAID POINT BEARS SOUTH 06 DEGREES 00'16" WEST FROM THE CENTER OF SAID CURVE; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 1070.17 FEET AND A CENTRAL ANGLE OF 27 DEGREES 09'18" FOR AN ARC DISTANCE OF 507.20 FEET TO THE POINT OF TANGENCY; THENCE NORTH 56 DEGREES 50'26" WEST FOR 488.24 FEET TO A POINT OF CURVATURE; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 1221.67 FEET AND A CENTRAL ANGLE OF 23 DEGREES 12'04" FOR AN ARC DISTANCE OF 494.70 FEET; THENCE NORTH 11 DEGREES 19'21" WEST FOR 10.69 FEET; THENCE NORTH 09 DEGREES 46'52" EAST FOR 73.41 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE CONCAVE TO THE NORTHEAST, SAID POINT BEARS SOUTH 09 DEGREES 46'52" WEST FROM THE CENTER OF SAID CURVE; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 275.00 FEET AND A CENTRAL ANGLE OF 78 DEGREES 05'13" FOR AN ARC DISTANCE OF 374.79 FEET TO THE POINT OF TANGENCY; THENCE NORTH 02 DEGREES 07'55" WEST FOR 200.00 FEET; THENCE NORTH 47 DEGREES 07'55" WEST FOR 56.57 FEET; THENCE SOUTH 87 DEGREES 52'05" WEST FOR 148.00 FEET; THENCE NORTH 02 DEGREES 07'55" WEST FOR 90.00 FEET ;THENCE NORTH 87 DEGREES 52'05" EAST FOR 148.00 FEET; THENCE NORTH 42 DEGREES 52'05" EAST FOR 56.57 FEET; THENCE NORTH 02 DEGREES 07'55" WEST FOR 283.37 FEET; THENCE NORTH 47 DEGREES 07'55" WEST FOR 56.57 FEET; THENCE SOUTH 87 DEGREES 52'05" WEST FOR 148.00 FEET; THENCE NORTH 02 DEGREES 07'55" WEST FOR 90.00 FEET TO THE POINT OF BEGINNING. LESS AND EXCEPT THE FOLLOWING PARCEL OF LAND: A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 52 SOUTH, RANGE 42 EAST, MIAMI -DADE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SECTION 3, TOWNSHIP 52 SOUTH, RANGE 42 EAST, MIAMI-DADE COUNTY, FLORIDA; THENCE NORTH 87 DEGREES 27'29" EAST, ALONG THE NORTH LINE OF SAID SECTION 3 FOR 875.83 FEET TO A POINT ON THE CENTERLINE OF AVENTURA BOULEVARD; THENCE SOUTH 02 DEGREES 32'31" EAST FOR 73.00 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF AVENTURA BOULEVARD; THENCE SOUTH 87 DEGREES 27'29" WEST ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE A DISTANCE OF 12.60 FEET TO A POINT; THENCE 78.18 FEET ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 50.00 FEET AND A CHORD OF 70.45 FEET BEARING SOUTH 42 DEGREES 39'47" WEST TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF STATE ROAD NO.5 (U.S. HIGHWAY NO.1), AS SHOWN ON THE PLAT OF "AVENTURA FOURTH ADDmON/, AS RECORDED IN PLAT BOOK 116, PAGE 34 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; THENCE SOUTH 02 DEGREES 07'55" EAST ALONG SAID EASTERLY RIGHT-OF-WAY LINE FOR A DISTANCE OF 1320.72 FEET TO A POINT; THENCE NORTH 87 DEGREES 52'05" EAST FOR A DISTANCE OF 435.30 FEET TO THE PRINCIPAL POINT AND PLACE OF BEGINNING OF THE FOLLOWING DESCRIPTION; THENCE NORTH 74 DEGREES 30'00" EAST FOR A DISTANCE OF 170.36 FEET TO A POINT; THENCE NORTH 15 DEGREES 30'00" WEST FOR A DISTANCE OF 18.00 FEET TO A POINT; THENCE NORTH 74 DEGREES 30'00" EAST FOR A DISTANCE OF 491.43 FEET TO A POINT; THENCE SOUTH 60 DEGREES 30'00" EAST FOR A DISTANCE OF 380.10 FEET TO A POINT; THENCE SOUTH 29 DEGREES 30'00" WEST FOR A DISTANCE OF 6.62 FEET TO A POINT; THENCE SOUTH 60 DEGREES 30'00" EAST FOR A DISTANCE OF 94.67 FEET TO A POINT; THENCE SOUTH 29 DEGREES 30'00" WEST FOR A DISTANCE OF 78.54 FEET TO A POINT; THENCE SOUTH 60 DEGREES 30'00" EAST FOR A DISTANCE OF 31.21 FEET TO A POINT; THENCE SOUTH 15 DEGREES 30'00" EAST FOR A DISTANCE OF 510.00 FEET TO A POINT; THENCE SOUTH 74 DEGREES 30'00" WEST FOR A DISTANCE OF 64.02 FEET TO A POINT; THENCE SOUTH 25 DEGREES 00'00" WEST FOR A DISTANCE OF 85.78 FEET TO A POINT; THENCE NORTH 65 DEGREES 00'00 WEST FOR A DISTANCE OF 162.20 FEET TO A POINT; THENCE 320.42 FEET ALONG AN ARC TO THE RIGHT, HAVING A RADIUS OF 2250.00 FEET AND A CHORD OF 320.15 FEET AND BEARING NORTH 60 DEGREES 55'13" WEST TO A POINT; THENCE NORTH 56 DEGREES 50'26" WEST FOR A DISTANCE OF 325.26 FEET TO A POINT; THENCE NORTH 49 DEGREES 47'23.6" WEST FOR A DISTANCE OF 485.32 FEET TO THE PRINCIPAL POINT AND PLACE OF BEGINNING. FURTHER LESS & EXCEPTING FROM PARCEL 2 THE FOLLOWING DESCRIBED LANDS CONVEYED TO THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, BY SPECIAL WARRANTY DEED RECORDED IN OFFICIAL RECORDS BOOK 17502, PAGE 4216 OF THE PUBLIC RECORDS OF MIAMI- DADE COUNTY, FLORIDA, TO-WIT: THOSE PORTIONS OF TRACT "Q", AVENTURA SIXTH ADDmON, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 120, PAGE 20, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, IN THE NORTHWEST ONE-QUARTER (N.W. 114) OF SECTION 3, TOWNSHIP 52 SOUTH, RANGE 42 EAST, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF SAID TRACT "Q"; THENCE ALONG THE WEST LINE OF SAID TRACT "Q", FOR THE FOLLOWING THREE (3) COURSES, (1) NORTH 02 DEGREES 07'21" WEST, A DISTANCE OF 29.240 METERS (95.93 FEET); (2) THENCE NORTH 01 DEGREES 28'13" EAST, A DISTANCE OF 43.775 METERS (143.62 FEET); (3) NORTH 02 DEGREES 07'21" WEST, A DISTANCE OF 82.872 METERS (271.89 FEET) TO REFERENCE POINT "A" AND THE POINT OF BEGINNING; THENCE CONTINUE ALONG SAID WEST LINE, NORTH 02 DEGREES 07'21" WEST, A DISTANCE OF 27.432 METERS (90.00 FEET); THENCE NORTH 87 DEGREES 53'07" EAST, A DISTANCE OF 0.457 METERS (1.50 FEET); THENCE SOUTH 02 DEGREES 07'21" EAST, A DISTANCE OF 27.432 METERS (90.00 FEET); THENCE SOUTH 87 DEGREES 53'07" WEST, A DISTANCE OF 0.457 METERS (1.50 FEET) TO THE POINT OF BEGINNING. AND COMMENCE AT THE AFOREMENTIONED REFERENCE POINT "A"; THENCE ALONG THE WEST LINE OF SAID TRACT "Q", FORTH FOLLOWING FIVE (5) COURSES, (1) NORTH 02 DEGREES 07'21" WEST, A DISTANCE OF 27.432 METERS (90.00 FEET); (2) THENCE NORTH 14 DEGREES 48'10" WEST, A DISTANCE OF 12.497 METERS (41.00 FEET); (3) NORTH 02 DEGREES 07'21" WEST, A DISTANCE OF 15.246 METERS (50.02 FEET); (4) THENCE NORTH 01 DEGREES 50'16" EAST, A DISTANCE OF 39.719 METERS (130.31 FEET); (5) THENCE NORTH 02 DEGREES 07'21" WEST, A DISTANCE OF 43.721 METERS (143.44 FEET) TO THE POINT OF BEGINNING; THENCE CONTINUE ALONG SAID WEST LINE, NORTH 02 DEGREES 07'21" WEST, A DISTANCE OF 27.432 METERS (90.00 FEET); THENCE NORTH 87 DEGREES 53'01" EAST, A DISTANCE OF 0.457 METERS (1.50 FEET); THENCE SOUTH 02 DEGREES 07'21" EAST, A DISTANCE OF 27.432 METERS (90.00 FEET); THENCE SOUTH 87 DEGREES 53'01" WEST, A DISTANCE OF 0.457 METERS (1.50 FEET) TO THE POINT OF BEGINNING. PARCEL 3: ALL THOSE CERTAIN PLOTS, PIECES OR PARCELS OF LAND, SITUATE, LYING AND BEING IN THE COUNTY OF MIAMI-DADE, STATE OF FLORIDA, AND DESCRIBED AS FOLLOWS: "QUADRANT 0" A PORTION OF TRACT "Q" OF "AVENTURA SIXTH ADDmON", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 120 AT PAGE 20 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: COMMENCE AT THE S.E. CORNER OF TRACT "R" OF SAID PLAT OF "AVENTURA SIXTH ADDmON", SAID POINT BEING ON A CURVE CONCAVE TO THE N.E.; THENCE ALONG THE WESTERLY RIGHT- OF-WAY LINE OF WEST COUNTRY CLUB DRIVE FOR THE FOLLOWING THREE (3) COURSES; (1) THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFr HAVING A RADIUS OF 4656.66 FEET AND A CENTRAL ANGLE OF 6 DEGREES 38'08" FOR 539.29 FEET TO A POINT ON SAID CURVE AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREINAFrER DESCRIBED; (2) THENCE CONTINUE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFr HAVING A RADIUS OF 4656.66 FEET AND A CENTRAL ANGLE OF 2 DEGREES 49'41" FOR 229.85 FEET TO A POINT OF REVERSE CURVATURE; (3) THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 1275.14 FEET AND A CENTRAL ANGLE OF 9 DEGREES 32'14" FOR 212.25 FEET TO A POINT OF COMPOUND CURVATURE OF A CURVE TO THE RIGHT; THENCE SOUTHEASTERLY, WESTERLY AND SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 50.0 FEET AND A CENTRAL ANGLE OF 86 DEGREES 09'34" FOR 75.19 FEET TO A POINT OF COMPOUND CURVATURE OF A CURVE TO THE RIGHT; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 5594 .58 FEET AND A CENTRAL ANGLE OF 1 DEGREES 00'20" FOR 98.19 FEET TO A POINT; THENCE N 45 DEGREES 02'32" W FOR 25.00 FEET TO A POINT ON A CURVE TO THE LEFr, SAID POINT BEARS S 45 DEGREES 02'32" E FROM THE CENTER OF SAID CURVE; THENCE NORTHEASTERLY, NORTHERLY AND NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 5.00 FEET AND A CENTRAL ANGLE OF 125 DEGREES 32'55" FOR 10.96 FEET TO A POINT OF COMPOUND CURVATURE OF A CURVE TO THE RIGHT; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A. RADIUS OF 522.50 FEET AND A CENTRAL ANGLE OF 27 DEGREES 32'27" FOR 251.15 FEET TO A POINT OF TANGENCY; THENCE N 53 DEGREES 02'45" W FOR 0.31 FEET TO A POINT OF CURVATURE OF A CURVE TO THE LEFT; THENCE NORTHWESTERLY, WESTERLY AND SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFf HAVING A RADIUS OF 35.00 FEET AND A CENTRAL ANGLE OF 84 DEGREES 24'26" FOR 51.56 FEET TO A POINT OF REVERSE CURVATURE; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 555.0 FEET AND A CENTRAL ANGLE OF 54 DEGREES 56'22" FOR 532.17 FEET TO A POINT ON SAID CURVE, SAID POINT BEARS S 7 DEGREES 29'11" W FROM THE CENTER OF SAID CURVE; THENCE N 29 DEGREES 58'54" E FOR 92.90 FEET; THENCE N 35 DEGREES 30'00" W FOR 31.98 FEET TO A POINT ON A CURVE TO THE LEFT; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 110.0 FEET AND A CENTRAL ANGLE OF 25 DEGREES 00'00" FOR 48.00 FEET TO A POINT OF TANGENCY; THENCE N 29 DEGREES 30'00" E FOR 331.34 FEET TO A POINT OF CURVATURE OF A CURVE TO THE RIGHT; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 726.18 FEET AND A CENTRAL ANGLE OF 29 DEGREES 18'21" FOR 371.43 FEIT TO A POINT OF REVERSE CURVATURE OF A CURVE TO THE LEFr; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFr HAVING A RADIUS OF 135.0 FEET AND A CENTRAL ANGLE OF 48 DEGREES 00'00" FOR 113.10 FEET TO A POINT ON SAID CURVE; THENCE N 60 DEGREES 00'00" E FOR 30.86 FEET TO A POINT ON A CURVE TO THE RIGHT, SAID POINT BEARS N 63 DEGREES 19'08" EAST FROM THE CENTER OF SAID CURVE; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 555.0 FEET AND A CENTRAL ANGLE OF 24 DEGREES 44'30" FOR 239.66 FEET TO A POINT OF REVERSE CURVATURE OF A CURVE TO THE LEFT; THENCE SOUTHEASTERLY, EASTERLY AND NORTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 30.0 FEET AND A CENTRAL ANGLE OF 92 DEGREES 56'22" FOR 48.66 FEET TO A POINT OF TANGENCY; THENCE N 85 DEGREES 07'16" E FOR 87.61 FEET TO A POINT OF CURVATURE OF A CURVE TO THE LEFT; THENCE ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 30.0 FEET AND A CENTRAL ANGLE OF 64 DEGREES 25'24" FOR 33.73 FEET TO A POINT ON SAID CURVE; THENCE S 69 DEGREES 17'55" E FOR 25.0 FEET TO THE POINT OF BEGINNING. PARCEL 4: A PORTION OF TRACT "Q" OF AVENTURA SIXTH ADDmON, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 120, PAGE 20, PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF TRACT "R" OF SAID PLAT OF AVENTURA SIXTH ADDmON, ACCORDING TO THE PLAT THERI;OF, RECORDED IN PLAT BOOK 120, PAGE 20 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; THENCE NORTH 02 DEGREES 40' 32" WEST, ALONG THE WEST BOUNDARY LINE OF SAID TRACT "R" AND ALONG THE BOUNDARY LINE OF SAID TRACT "Q", FOR 116.48 FEET TO THE POINT OF BEGINNING OF THE HEREINAFTER DESCRIBED PROPERTY; THENCE CONTINUE NORTH 02 DEGREES 40' 32" WEST, ALONG THE PREVIOUSLY DESCRIBED LINE OF 700.65 FEET; THENCE SOUTH 87 DEGREES 19' 28" WEST, ALONG THE BOUNDARY LINE OF SAID TRACT "Q", FOR 239.00 FEET; THENCE SOUTH 02 DEGREES 40'32" EAST FOR 42.00 FEET; THENCE NORTH 87 DEGREES 19'28" EAST FOR 123.00 FEET; THENCE SOUTH 02 DEGREES 40'32" EAST FOR 20.00 FEET; THENCE NORTH 87 DEGREES 19'28" EAST FOR 74.00 FEET; THENCE SOUTH 02 DEGREES 40'32" EAST, ALONG A LINE 42.00 FEET WEST OF AND PARALLEL WITH THE WEST LINE OF SAID TRACT "R", FOR 639.08 FEET; THENCE NORTH 86 DEGREES 44'34" EAST FOR 42.00 FEET TO THE POINT OF BEGINNING. ! l~ :r~ ")I; "'II -'< tll II ii ii .." .:.Q ~i ~c II ![ H it i~ i ~ t~ ~ i ~ Ii \,\\\ " ?- , ;:; ~ "S ;:" ~ "'!- ~ ~ :. 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I t n '4 _..., s....~ ...,..1_, w...-,..,,, oun...s. t,...,,1JOO '"ll''!'!''' ........._..",., I~ I i SK~03 APPLICANT REPRESENTATIVE AFFIDAVIT Pursuant to Section 31-71(b)(2)(i) of the City of Aventura land 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 property subject to the application (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. Attorneys, Architects, Landscape Architects, Engineers, Lobbyists, Etc) 1Jf , c. ~ ~I M (}.rr((7) bavjJ JA,m.eki jJom Mt-t k.~ ; Lc --p '" Jf JT I t-' "\")(J U (~v A f'f()r/1../~ ,4rch ,i~ ~ f /CrtA(h/c. S7Jkms Gr4fh.ic. S'1.stfms I/>/~ 1\ -ftc. I \c:') (Attach Additional Sheets If Necessary) NOTICE: ANY STATEMENT OR REPRESENTATION MADE BY ANY PERSON LISTED ON THE APPLICANT REPRESENTATIVE AFFIDAVIT SHALL BE BINDING UPON THE INDIVIDUAL OR ENTITY APPLYING FOR THE DEVELOPMENT PERMIT AND THE OWNER OF THE SUBJECT PROPERTY. APPLICANTS AND AFFIANTS 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 THE APPLICATION BY THE CITY BOARD OR COMMISSION, THE INFORMATION PROVIDED IN THE AFFIDAVIT BECOMES INCORRECT OR INCOMPLETE. WITNESS MY HAND THIS t.'!J DAY OF .::::rUL-~ ,200_r- AUTHORIZED REPRES TATI ICANT: -~...~"- By: t1 iSignart re) Name: _ I ("I1N _ f\;1 (}..rrer6 (Print) Title: A- ~~d r I't l' Y Address:;)..(/7) S I '&; .JCA.'f~ ;t'1,tftmi, ft ~313 .J I By: Name. /(Signature) / ld Soffer (Print) Managing Partner Title: 15lvJ1 S~t> Address: 19501 Biscayne Blvd. Suite 400 Aventura, FL. 33180 STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) as the authorized representative Iy sworn, did swear or at he/she - Before me the undersigned authority personally appeared Applicant and/or t~owner of the property subject to the application, who being first by;' ei executed this Affidavit for the purposes stated therein and that it is true and correct.' I AF~NT SWORN TO AND SUBSCRIBED BEFORE ME thisZ~ay of ::::JU i ' 200:;; Notary Public State of Flori a At Large Printed Name of Notary ,.."'';il{~I~ DEBORAH LAZAR ft' . -'f~ MY COMMISSION' DO 374 ~:. : EXPIRES: January 21, 2009 .~~ '" Bond9d TIwu Nolary Nllic lJncfefwril8B @'=.....' .:=- ,,= :: . :: . 1- . ?....c (f.-.,;.l. ~. lifl:.xct BUSINESS RELATIONSHIP AFFIDA VIT* This Affidavit is made pursuant to Section 31-71(b)(2)(ii) of the City of Aventura Land Development Code. The undersigned Affiant hereby discloses that: (mark with "x" applicable portions only) ~. Affiant does not have a Business Relationship with any member of the City Commission or any City Advisory Board to which the application will be presented. [ ] 2. Affiant hereby discloses that 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: (List name of Commissioner or Advisory Board Member) who serves on the (List City Commission or City Advisory Board upon which member serves). The nature of the Business Relationship is as follows: [] i. Member of City Commission or Board holds an ownership interest in excess of 1% of total assets or capital stock of Applicant or Representative; [] ii. Member of City Commission or Board is a partner, co-shareholder (as to shares of a corporation which are not listed on any national or regional stock exchange) or joint venturer with the Applicant or Representative in any business venture; [ ] iii. The Applicant or Representative is a Client of a member of the City Commission or Board or a Client of another professional working from the same office or for the same employer as the member of the City Commission or Board; [ ] iv. A City Commissioner or Board member is a Client of the Applicant or Representative; [] v. The Applicant or Representative is a Customer of the member of the City Commission or Board (or of his or her employer) and transacts more than $10,000.00 of the business of the member of the City Commission or Board (or his or her employer) in a given calendar year; [] vi. The member of the City Commission or Board is a Customer of the Applicant or Representative and transacts more than $25,000.00 of the business of the Applicant or Representative in a given calendar year. WITNESS MY HAND THIS ,::;1.3 DAY OF . .1,,:;. "i , 2003 APPLlC~NT: By' - Na'me: ,Nt. . k.... r ff'( rt (C) Title: ~~d r ^ # "1 WITNESS MY HAND THIS (Signature) (Print) (Print) DAY OF ,200_. . PROP/lt.JeL-_ By: i U Nam~ ,Donald Soffer Title: .j M:m;lging P;lTf'nPT (Signature) (Print) (Print) "The terms "Business Relationship," "Client," "Customer," "Applicant," "Representative" and "Interested Person" are defined in Section 2-395 of the Aventura City Code. WITNESS MY HAND THIS ~DAY OF ':::7C (...7 ,2OOr REPREsENTATIVE: (Listed on Business Relationship Affidavit) 'l/~"'-. By: L (SIgnature) By: (Signature Namt. Ll1Jlv't4 Lt1 S;:lfi:?L lPrint) Name: (Print) Title: OWr-(~L (Print) Tille: (Print) By: (Signature) By: (Signature Name: (Print) Name: (Print) Title: (Print) Title: (Print) By: (Signature) By: (Signature Name: (Print) Name: (Print) Title: (Print) Tille: (Print) By: (Signature) By: (Signature Tille: (Print) Title: (Print) Title: (Print) Title: (Print) By: (Signature) By: (Signature Title: (Print) Title: (Print) Title: (Print) Title: (Print) By: (Signature) By: (Signature Title: (Print) Tille: (Print) Tille: (Print) Title: (Print) NOTE: 1) Use duplicate sheets if disclosure information for Representative varies 2) Applicants and Affiants are advised to timely supplement this Affidavit pursuant to Sec. 3l-71(b)(2)(iv) 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. I foA Y OF / ! (; !tl1-6<../, 2001 (Signature) By: (Signature Name t.f -e,,,.,..c QUI (Print) Name: (Print) Title: Attorr1~ 7 (Print) Title: (Print) By: (Signature) By: (Signature Name: (Print) Name: (Print) Title: (Print) Title: (Print) By: (Signature) By: (Signature Name: (Print) Name: (Print) Title: (Print) Title: (Print) By: (Signature) By: (Signature Name: (Print) Name: (Print) Title: (Print) Title: (Print) By: (Signature) By: (Signature Name: (Print) Name: (Print) Title: (Print) Title: (Print) By: (Signature) By: (Signature Name: (Print) Name: (Print) Title: (Print) Title: (Print) NOTE: 1) Use duplicate sheets if disclosure information for Representative varies 2) Applicants and Affiants are advised 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 the application by the City Board or Commission, the information provided in the Affidavit becomes incorrect or incomplete. WITNESS MY HAND THIS J. 7 DAY OF :! v( ~ 7 ,200_. REPRESENTATIVE: (Listed on Business Relationship Affidavit) BY:.~ (Signature) By: (Signature Name:1'f I G It #J. / M f). rrtr..~Print) Name: (Print) Title: Afto rl\~ (Print) Title: (Print) By: (Signature) By: (Signature Name: (Print) Name: (Print) Title: (Print) Title: (Print) By: (Signature) By: (Signature Name: (Print) Name: (Print) Title: (Print) Title: (Print) By: (Signature) By: (Signature Title: (Print) Title: (Print) Title: (Print) Title: (Print) By: (Signature) By: (Signature Title: (Print) Title: (Print) Title: (Print) Title: (Print) By: (Signature) By: (Signature Title: (Print) Title: (Print) Title: (Print) Title: (Print) NOTE: 1) Use duplicate sheets if disclosure information for Representative varies 2) Applicants and Affiants are advised to timely supplement this Affidavit pursuant to Sec. 31-71(b)(2)(iv) ofthe 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. ~.~..-='. i.,:; :! . , ..~ .~ c",'UfFJ<"~ BUSINESS RELATIONSHIP AFFIDAVIT* This Affidavit is made pursuant to Section 31-71(b)(2)(ii) of the City of Aventura Land Development Code, The undersigned Affiant hereby discloses that: (mark with .x. applicable portions only) ~1. Affiant does not have a Business Relationship with any member of the City Commission or any City Advisory Board to which the application will be presented. [ ]2. Affiant hereby discloses that 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: (List name of Commissioner or Advisory Board Member) who serves on the (List City Commission or City Advisory Board upon which member serves). The nature of the Business Relationship is as follows: [] i. Member of City Commission or Board holds an ownership interest in excess of 1% of total assets or capital stock of Applicant or Representative; [] Ii. Member of City Commission or Board is a partner, co-shareholder (as to shares of a corporation which are not listed on any national or regional stock exchange) or joint venturer with the Applicant or Representative in any business venture; [ ] iii. The Applicant or Representative is a Client of a member of the City Commission or Board or a Client of another professional working from the same office or for the same employer as the member of the City Commission or Board; [ ] iv. A City Commissioner or Board member is a Client of the Applicant or Representative; [] v. The Applicant or Representative is a Customer of the member of the City Commission or Board (or of his or her employer) and transacts more than $10,000.00 of the business of the member of the City Commission or Board (or his or her employer) in a given calendar year; [] vi. The member of the City Commission or Board is a Customer of the Applicant or Representative and transacts more than $25,000.00 of the business of the Applicant or Representative in a given calendar year. WITNESS MY HAND THIS DAY OF ,200_. APPLICANT: ~~( l#v~i~;t'"ffi) Tltl~~~i~:lL L~~__ _ ~(Pnnt) WITNESS MY HAND THIS .1L DAY OF A 1lfA1).~ r ' 200J I PROPERTY OWNER: (Signature) (Print) (Print) By: Name: Title: 'The terms "Business Relationship," "Client," "Customer," "Applicant," "Representative" and "Interested Person" are defined in Section 2-395 of the Aventura City Code. WITNESS MY HAND THIS L0 DAY OF 'S.21' r REPRESENTATIVE: (Listed on Business Relationship Affidavit) BY:~ M ~ (Signature) Name: 'fJ /V r11 ,rJ e, e,).s- (Print) Title: ?('~j~ J"'!'lA1lI:4JU"'" (Print) By: Name: Title: By: Name: Title: By: Title: Title: By: Title: Title: By: Title: Title: (Signature) (Print) (Print) (Signature) (Print) (Print) (Signature) (Print) (Print) (Signature) (Print) (Print) (Signature) (Print) (Print) , 200]-' By: (Signature Name: (Print) (Print) Title: By: (Signature Name: (Print) (Print) Title: By: (Signature Name: (Print) Title: (Print) By: (Signature Title: (Print) (Print) Title: By: (Signature Title: (Print) Title: (Print) By: (Signature Title: (Print) (Print) Title: NOTE: 1) Use duplicate sheets if disclosure information for Representative varies 2) Applicants and Affiants 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 the application by the City Board or Commission, the information provided in the Affidavit becomes incorrect or incomplete. NOTARIZATION PROVISION STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) ~" Before. me, the undersigned authority, personally appeared 1..j:1IL/J0~'A,ffiant, who being first by med.~lyswom, did swear or affirm that JJ~she executed thiS Affidavit for the purposes stated therein and that IllS e and correct.' l. ~__., SWORN TO AND SUBSCRIBED before me thisc21.- day of DEBORAH MY COMMISSION # D 374529 EXPIRES: January 21, 2009 Bonded lhru Nolary Public UndelWltlers AFtl~T orida At Large STATE OFFLORIDA ) COUNTY OF MIAMI-DADE) Before me, the undersigned authority, personally appeared he/she executed this Affidavit for the purposes stated therein and that it is true and correct the Affiant, who being first by me duly swom, did swear or affirm that AFFIANT SWORN TO AND SUBSCRIBED before me this _ day of ,200_ Notary Public State of Florida At Large Printed Name of Notary My commission expires: STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me, the undersigned authority, personally appeared he/she executed this Affidavit for the purposes stated therein and that it is true and correct the Affiant, who being first by me duly sworn, did swear or affirm that AFFIANT SWORN TO AND SUBSCRIBED before me this _ day of ,200_. Notary Public State of Florida At Large Printed Name of Notary My commission expires: STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me, the undersigned authority, personally appeared he/she executed this Affidavit for the purposes stated therein and that it is true and correct the Affiant, who being first by me duly swom, did swear or affirm that AFFIANT SWORN TO AND SUBSCRIBED before me this _ day of ,200_. Notary Public State of Florida At Large Printed Name of Notary My commission expires: 13 NOT ARIZA TION PROVISION ,200_. STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me, the undersigned authority, personally appeared Je-f(,., he/she executed this Affidavit for the purposes stated therein and that it is true and SWORN TO AND SUB ~""YP(;~ R~l" . . ,,"C: ~. ~ 1'') 0; 'f'-O~ m i f Notary Public State of Florida Ana Hernandez My Commission 00668383 Ex ires 04/29/2011 STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me, the undersigned authority, personally appeared he/she executed this Affidavit for the purposes stated therein and that it is true and correct. tI1€ Affiant, who being first by me duly sworn, did swear or affinn that AFFIANT SWORN TO AND SUBSCRIBED before me this _ day of ,200_. Notary Public State of Florida At Large Printed Name of Notary My commission expires: STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me, the undersigned authority, personally appeared he/she executed this Affidavit for the purposes stated therein and that it is true and correct. the Affiant, who being first by me duly sworn, did swear or affinn that AFFIANT SWORN TO AND SUBSCRIBED before me this _ day of ,200_ Notary Public State of Florida At Large Printed Name of Notary My commission expires: STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me, the undersigned authority, personally appeared he/she executed this Affidavit for the purposes stated therein and that it is true and correct. tI1€ Affiant, who being first by me duly sworn, did swear or aflinn that AFFIANT SWORN TO AND SUBSCRIBED before me this _ day of ,200_. Notary Public State of Florida At Large Printed Name of Notary My commission expires: NOT ARIZA TION PROVISION STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me, the undersigned authority, personally appeared ttll~ N~nt, who being first by me duly sworn, did swear or affirm that he/she executed this Affidavit for the purposes stated therein and that it is true and correct. SWORN TO AND SUBSCRIBED before me this 'l:fl: day of :::IV '-7 _o"""V 1'1.'..., Notary Public State of Florida ~.~ ': Salorne Otegui \.~: t My Commission 00489780 OF f\.cfi Expires 11/13/2009 STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me, the undersigned authority, personally appeared he/she executed this Affidavit for the purposes stated therein and that it is true and correct. the Affiant, who being first by me duly sworn, did swear or affirm that AFFIANT SWORN TO AND SUBSCRIBED before me this _ day of ,200_. Notary Public State of Florida At Large Printed Name of Notary My commission expires: STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me, the undersigned authority, personally appeared he/she executed this Affidavit for the purposes stated therein and that it is true and correct the Affiant, who being first by me duly sworn, did swear or affirm that AFFIANT SWORN TO AND SUBSCRIBED before me this _ day of ,200_. Notary Public State of Florida At Large Printed Name of Notary My commission expires: STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me, the undersigned authority, personally appeared he/she executed this Affidavit for the purposes stated therein and that it is true and correct. the Affiant, who being first by me duly sworn, did swear or affirm that AFFIANT SWORN TO AND SUBSCRIBED before me this _ day of ,200_. Notary Public State of Florida At Large Printed Name of Notary My commission expires: 13 NOTARIZATION PROVISION STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) '" X.nlt/b tA.04 l).v.d .J:l,mec.Jt:.,' Before me, the undersigned authority, personally appeared *t ~ffian' who being first by me duly sworn, did swear or affirm that he/she executed this Affidavit for the purposes stated therein and that it is true and correct. ~ AF SWORN TO AND SUBSCRIBED before me thiS~~y of /}uqu sf, 200_" SARAH H. OUADGtlRI tM:lDNotary Public - covuno~ of M8S8IIchuHllB . Commiasioo Expiree Nvvemtler 28, 2008 H/~I Printed Name of Notary Ufe... My commission expires: III 'lJr STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me, the undersigned authority, personally appeared he/she executed this Affidavit for the purposes stated therein and that it is true and correct. the Affiant, who being first by me duly sworn, did swear or affirm that AFFIANT SWORN TO AND SUBSCRIBED before me this _ day of ,200 . Notary Public State of Florida At Large Printed Name of Notary My commission expires: STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me, the undersigned authority, personally appeared he/she executed this Affidavit for the purposes stated therein and that it is true and correct the Affiant, who being first by me duly sworn, did swear or affirm that AFFIANT SWORN TO AND SUBSCRIBED before me this _ day of ,200_. Notary Public State of Florida At Large Printed Name of Notary My commission expires: STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me, the undersigned authority, personally appeared he/she executed this Affidavit for the purposes stated therein and that it is true and correct the Affiant, who being first by me duly sworn, did swear or affirm that AFFIANT SWORN TO AND SUBSCRIBED before me this _ day of ,200_ Notary Public State of Florida At Large Printed Name of Notary My commission expires: 13 NOTARIZATION PROVISION STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me, the undersigned authority, personally appeared WAYI,J j d4 the Affiant, who being first by me duly sworn, did swear or affirm that he/she executed this Affidavit for the purposes stated therein and that it is true and correct. Q L~U \\\\\' '\\d"O ~~II/I//I/ L ~''. c;).~"""'''' ;~I' //~ P!( ~~,,""~'j.~"i!';"'~'b ~ AFFIANT 2 .... 06/21/2010 ..... ~ SWORN TO AND SUBSCRIBED before me thiSZ(l~y of S::rt'. , 2~01 '\ C'\ \'01'1 ~ (N 0 T A RY PUB 1I C J ~ ~"4iL-~~~ .... COIllll/SSIOR'.... ~ ~tao/PublicStale-QfFI~rida~tlt6Tge. %~'...~.o566522....'~"'! f--\I.b~O -\":XM_~~~'ll.", ~/;7iE ........ ~'\"I,~' ...._____.____________________________________________m__mm____________m___m._m.__...____._.__......____.._____........._~~:;~~~~~~:=~~~~~~:~~~,__~___~~~~~~~~~~~.I~~~~~~~~::___ STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me, the undersigned authority, personaiiy appeared he/she executed this Affidavit for the purposes stated therein and that it is true and correct. the Affiant, whc bei~g first by rne dUly ~worn did swear or affirm that AFFIANT SWORN TO AND SUBSCRIBED before me this _ day of ,200_. Notary Public State of Florida At Large Printed Name of Notary My commission expires: STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me, the undersigned authority, personally appeared he/she executed this Affidavit for the purposes stated therein and that it is true and correct. the Affiant, who being first by me duly sworn, did swear or affirm that AFFIANT SWORN TO AND SUBSCRIBED before me this _ day of ,200_. Notary Public State of Florida At Large Printed Name of Notary My commission expires: STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me, the undersigned authority, personally appeared he/she executed this Affidavit for the purposes stated therein and that it is true and correct. the Affiant, who being first by me duly sworn, did swear or affirm that AFFIANT SWORN TO AND SUBSCRIBED before me this _ day of ,200 . Notary Public State of Florida At Large Printed Name of Notary My commission expires: 13 RESOLUTION NO. 2007- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING SIGN VARIANCES FOR TURNBERRY ASSOCIATES AND A VENTURA MALL VENTURE TO PERMIT SIX DIRECTIONAL SIGNS CONTAINING NAMES OF TWO TENANTS OCCUPYING LESS THAN 100,000 SQUARE FEET OF TENANT SPACE WHERE THE CODE PERMITS DIRECTIONAL SIGNS LISTING THE NAMES OF TENANTS OCCUPYING 100,000 SQUARE FEET OR MORE; AND TO PERMIT A 75 SQUARE FOOT EXTERIOR WALL SIGN FOR AN INTERIOR MALL TENANT OCCUPYING LESS THAN 100,000 SQUARE FEET OF TENANT SPACE WITHOUT EXTERIOR ACCESS, WHERE THE CODE PERMITS A 500 SQUARE FOOT WALL SIGN FOR 100,000 SQUARE FOOT OR MORE TENANTS AND A 75 SQUARE FOOT WALL SIGN FOR TENANTS WITH EXTERIOR ACCESS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the property described herein is zoned B2, Community Business District; and WHEREAS, the Applicant, Turnberry Associates and Aventura Mall Venture, through Application No. 01-SV-07, has requested a sign variance to permit six directional signs containing the tenant names Equinox Fitness Club and AMC 24 Theatres, being tenants occupying less than 100,000 square feet of tenant space, where directional signs listing only names of 100,000 square foot or more tenants are permitted by Code; and WHEREAS, the Applicant, Turnberry Associates and Aventura Mall Venture, through Application No. 01-SV-07, has requested a sign variance to permit a 75 square foot exterior wall sign for Equinox Fitness Club, an interior mall tenant occupying Resolution No. 2007- Page 2 approximately 25,000 square feet of tenant space, where exterior wall signs are permitted by Code for tenants occupying 100,000 square feet or more of tenant space and for tenants with exterior access; 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. 01-SV-07 for Sign Variances to permit six directional signs on the internal road servicing the Aventura Mall containing the tenant names Equinox Fitness Club and AMC 24 Theatres and to permit one 75 square foot exterior wall sign on the southeast elevation of the mall expansion for Equinox Fitness Club, on property legally described in Exhibit "A" to this resolution are hereby granted. Section 2. 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 Teri Holzberg Commissioner Billy Joel Commissioner Michael Stern Commissioner Luz Urbaez-Weinberg Vice Mayor Bob Diamond Mayor Susan Gottlieb Resolution No. 2007- Page 3 PASSED AND ADOPTED this 6th day of November, 2007. Susan Gottlieb, Mayor ATTEST: Teresa M. Soroka, MMC, City Clerk APPROVED AS TO LEGAL SUFFICI~Q....v: hifh\~ CITY ATTORNEY This Resolution was filed in the Office of the City Clerk this _ day of ,2007. CITY CLERK EXHIBIT "A" LEGAL DESCRIPTION PARCEL 1: TRACT "R", OF "AVENTURA SIXTH ADDmON", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 120 AT PAGE 20 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. PARCEL 2: A PORTION OF TRACT "Q" OF "AVENTURA SIXTH ADDmON", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 120 AT PAGE 20 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SECTION 3, TOWNSHIP 52 SOUTH, RANGE 42 EAST, DADE COUNTY, FLORIDA; THENCE NORTH 87 DEGREES 27'29" EAST, ALONG THE NORTH LINE OF SAID SECTION 3 FOR 875.83 FEET TO A POINT ON THE CENTERLINE OF AVENTURA BOULEVARD AS SHOWN ON SAID PLAT OF "AVENTURA SIXTH ADDmON"; THENCE SOUTH 02 DEGREES 32'31" EAST FOR 73.00 FEET TO A POINT ON THE NORTH LINE OF SAID TRACT "Q"; THENCE SOUTH 87 DEGREES 27'29" WEST, ALONG THE NORTH LINE OF SAID TRACT "Q" FOR 12.60 FEET TO A POINT OF CURVATURE; THENCE SOUTHWESTERLY AND SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 50.00 FEET AND A CENTRAL ANGLE OF 89 DEGREES 35'24" FOR AN ARC DISTANCE OF 78.18 FEET TO THE POINT OF TANGENCY BEING ON THE WESTERLY LINE OF TRACT "H" OF "AVENTURA FOURTH ADDmON", ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 116, PAGE 34, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; THENCE SOUTH 02 DEGREES 07'55" EAST ALONG THE WESTERLY LINE OF SAID TRACT "H" FOR 423.52 FEET; THENCE NORTH 87 DEGREES 52'05" EAST FOR 26.00 FEET TO THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED TRACT OF LAND; THENCE NORTH 87 DEGREES 52'05" EAST FOR 148.00 FEET; THENCE NORTH 42 DEGREES 52'05" EAST FOR 56.57 FEET; THENCE NORTH 02 DEGREES 07'55" WEST FOR 31.63 FEET TO A POINT OF CURVATURE; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 325.00 FEET AND A CENTRAL ANGLE OF 72 DEGREES 28'48.8" FOR AN ARC DISTANCE OF 411.13 FEET TO THE POINT OF TANGENCY; THENCE NORTH 70 DEGREES 20'53.8" EAST FOR 122.00 FEET; THENCE NORTH 25 DEGREES 20'53.8" EAST FOR 58.66 FEET; THENCE NORTH 25 DEGREES 53'40" WEST FOR 94.96 FEET TO A POINT ON THE NORTH LINE OF SAID TRACT "Q", SAID POINT ALSO BEING ON THE ARC OF A CIRCULAR CURVE CONCAVE TO THE NORTHWEST AND BEARS SOUTH 21 DEGREES 19'21" EAST FROM THE CENTER OF SAID CURVE; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, AND ALONG THE NORTHERLY LINE OF SAID TRACT "Q", HAVING A RADIUS OF 1505.40 FEET AND A CENTRAL ANGLE OF 04 DEGREES 34'19" FOR AN ARC DISTANCE OF 120.12 FEET; THENCE SOUTH 25 DEGREES 53'40" EAST FOR 117.40 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE CONCAVE TO THE SOUTHEAST AND BEARS NORTH 46 DEGREES 09'58" WEST FROM THE CENTER OF SAID CURVE; THENCE NORTHEASTERLY AND SOUTHEASTERLY ALONG THE ARC OF SAID CIRCULAR CURVE TO THE RIGHT HAVING A RADIUS OF 500.00 FEET AND A CENTRAL ANGLE OF 65 DEGREES 24'26" FOR AN ARC DISTANCE OF 570.78 FEET TO A POINT OF REVERSE CURVATURE; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 125.00 FEET AND A CENTRAL ANGLE OF 23 DEGREES 10'58" FOR AN ARC DISTANCE OF 50.58 FEET; THENCE SOUTH 13 DEGREES 08'55" EAST FOR 10.62 FEET; THENCE NORTH 76 DEGREES 51'05" EAST FOR 342.85 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE CONCAVE TO THE NORTHEAST, SAID POINT BEARS SOUTH 81 DEGREES 39'40" WEST FROM THE CENTER OF SAID CURVE; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 810.00 FEET AND A CENTRAL ANGLE OF 04 DEGREES 48'35" FOR AN ARC DISTANCE OF 68.00 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 13 DEGREES 08'55" EAST FOR 469.40 FEET; THENCE NORTH 87 DEGREES 19'28" EAST FOR 111.00 FEET (THE LAST EIGHT (8) COURSES BEING ALONG THE BOUNDARY OF SAID TRACT "QU); THENCE SOUTH 02 DEGREES 40'32" EAST FOR 42.00 FEET; THENCE NORTH 87 DEGREES 19'28" EAST FOR 123.00 FEET; THENCE SOUTH 02 DEGREES 40'32" EAST FOR 20.00 FEET; THENCE NORTH 87 DEGREES 19'28" EAST FOR 74.00 FEET; THENCE SOUTH 02 DEGREES 40'32" EAST FOR 639.08 FEET; THENCE NORTH 86 DEGREES 44'34" EAST FOR 42.00 FEET; THENCE SOUTH 02 DEGREES 40'32" EAST FOR 116.48 FEET; THENCE NORTH 81 DEGREES 11'29" EAST FOR 294.34 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE CONCAVE TO THE NORTHEAST, SAID POINT BEARS SOUTH 81 DEGREES 11'29" WEST FOR THE CENTER OF SAID CURVE, SAID POINT ALSO BEING ON THE EAST LINE OF SAID TRACT "Ru, AS SHOWN ON SAID PLAT OF "AVENTURA SIXTH ADDmON"; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT AND ALONG THE EAST LINE OF SAID TRACT "Qu, HAVING FOR ITS ELEMENTS A RADIUS OF 4656.66 FEET AND A CENTRAL ANGLE OF 6 DEGREES 38'08" FOR 539.29 FEET; THENCE NORTH 69 DEGREES 17'55" WEST FOR 25.00 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE CONCAVE TO THE NORTHWEST, SAID POINT BEARS SOUTH 69 DEGREES 18'08 EAST FROM THE CENTER OF SAID CURVE; THENCE SOUTHEASTERLY AND SOUTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 30.00 FEET AND A CENTRAL ANGLE OF 64 DEGREES 25'24" FOR AN ARC DISTANCE OF 33.73 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 85 DEGREES 07'16" WEST FOR 87.61 FEET TO A POINT OF CURVATURE; THENCE SOUTHWESTERLY AND NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 30.00 FEET AND A CENTRAL ANGLE OF 92 DEGREES 56'22" FOR AN ARC DISTANCE OF 48.66 FEET TO A POINT OF REVERSE CURVATURE; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 555.00 FEET AND A CENTRAL ANGLE OF 24 DEGREES 44'30" FOR AN ARC DISTANCE OF 239.66 FEET; THENCE SOUTH 60 DEGREES 00'00" WEST FOR 30.86 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE CONCAVE TO THE NORTHWEST, SAID POINT BEARS SOUTH 79 DEGREES 11 '39" EAST FROM THE CENTER OF SAID CURVE; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 135.00 FEET AND A CENTRAL ANGLE OF 48 DEGREES 00'00" FOR AN ARC DISTANCE OF 113.10 FEET TO A POINT OF REVERSE CURVATURE; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 726.18 FEET AND A CENTRAL ANGLE OF 29 DEGREES 18'21" FOR AN ARC DISTANCE OF 371.43 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 29 DEGREES 30'00" WEST FOR 331.34 FEET TO A POINT OF CURVATURE; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 110.00 FEET AND A CENTRAL ANGLE OF 25 DEGREES 00'00" FOR AN ARC DISTANCE OF 48.00 FEET; THENCE SOUTH 35 DEGREES 30'00" EAST RADIAL TO THE LAST DESCRIBED CURVE FOR 31.98 FEET; THENCE SOUTH 29 DEGREES 58'54" WEST FOR 92.90 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE CONCAVE TO THE NORTHWEST, SAID POINT BEARS SOUTH 07 DEGREES 29'11" WEST FROM THE CENTER OF SAID CURVE; THENCE SOUTHEASTERLY AND NORTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 555.00 FEET AND A CENTRAL ANGLE OF 54 DEGREES 56'22" FOR AN ARC DISTANCE OF 532.17 FEET TO A POINT OF REVERSE CURVATURE; THENCE NORTHEASTERLY AND SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 35.00 FEET AND A CENTRAL ANGLE OF 84 DEGREES 24'26" FOR AN ARC DISTANCE OF 51.56 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 53 DEGREES 02'45" EAST FOR 0.31 FEET TO A POINT OF CURVATURE; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 522.50 FEET AND A CENTRAL ANGLE OF 27 DEGREES 32'27" FOR AN ARC DISTANCE OF 251.15 FEET TO A POINT OF REVERSE CURVATURE; THENCE SOUTHEASTERLY AND SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 5.00 FEET AND A CENTRAL ANGLE OF 125 DEGREES 32'55" FOR AN ARC DISTANCE OF 10.96 FEET; THENCE SOUTH 45 DEGREES 02'32" EAST FOR 25.00 FEET TO A POINT ON THE SOUTH LINE OF SAID TRACT "Qu, SAID POINT ALSO BEING ON THE ARC OF A CIRCULAR CURVE CONCAVE TO THE NORTH AND BEARS SOUTH 11 DEGREES 34'12" EAST FROM THE CENTER OF SAID CURVE; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT AND ALONG THE SOUTH LINE OF SAID TRACT "Q" HAVING A RADIUS OF 5594.58 FEET AND A CENTRAL ANGLE OF 04 DEGREES 13'04" FOR AN ARC DISTANCE OF 411.84 FEET; THENCE SOUTH 73 DEGREES 10'52" WEST ALONG THE SOUTH LINE OF SAID TRACT "Q" FOR 193.18 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE CONCENTRIC WITH THE LAST DESCRIBED CURVE, SAID POINT BEARS SOUTH 05 DEGREES 24'45" EAST FROM THE CENTER OF SAID CURVE; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 5629.58 FEET AND A CENTRAL ANGLE OF 01 DEGREES 01'21" FOR AN ARC DISTANCE OF 100.46 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE CONCAVE TO THE NORTHEAST, SAID POINT BEARS SOUTH 06 DEGREES 00'16" WEST FROM THE CENTER OF SAID CURVE; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 1070.17 FEET AND A CENTRAL ANGLE OF 27 DEGREES 09'18" FOR AN ARC DISTANCE OF 507.20 FEET TO THE POINT OF TANGENCY; THENCE NORTH 56 DEGREES 50'26" WEST FOR 488.24 FEET TO A POINT OF CURVATURE; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 1221.67 FEET AND A CENTRAL ANGLE OF 23 DEGREES 12'04" FOR AN ARC DISTANCE OF 494.70 FEET; THENCE NORTH 11 DEGREES 19'21" WEST FOR 10.69 FEET; THENCE NORTH 09 DEGREES 46'52" EAST FOR 73.41 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE CONCAVE TO THE NORTHEAST, SAID POINT BEARS SOUTH 09 DEGREES 46'52" WEST FROM THE CENTER OF SAID CURVE; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 275.00 FEET AND A CENTRAL ANGLE OF 78 DEGREES 05'13" FOR AN ARC DISTANCE OF 374.79 FEET TO THE POINT OF TANGENCY; THENCE NORTH 02 DEGREES 07'55" WEST FOR 200.00 FEET; THENCE NORTH 47 DEGREES 07'55" WEST FOR 56.57 FEET; THENCE SOUTH 87 DEGREES 52'05" WEST FOR 148.00 FEET; THENCE NORTH 02 DEGREES 07'55" WEST FOR 90.00 FEET ;THENCE NORTH 87 DEGREES 52'05" EAST FOR 148.00 FEET; THENCE NORTH 42 DEGREES 52'05" EAST FOR 56.57 FEET; THENCE NORTH 02 DEGREES 07'55" WEST FOR 283.37 FEET; THENCE NORTH 47 DEGREES 07'55" WEST FOR 56.57 FEET; THENCE SOUTH 87 DEGREES 52'05" WEST FOR 148.00 FEET; THENCE NORTH 02 DEGREES 07'55" WEST FOR 90.00 FEET TO THE POINT OF BEGINNING. LESS AND EXCEPT THE FOLLOWING PARCEL OF LAND: A PARCEL OF LAND LYING IN SEmON 3, TOWNSHIP 52 SOUTH, RANGE 42 EAST, MIAMI-DADE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SEmON 3, TOWNSHIP 52 SOUTH, RANGE 42 EAST, MIAMI-DADE COUNTY, FLORIDA; THENCE NORTH 87 DEGREES 27'29" EAST, ALONG THE NORTH LINE OF SAID SEmON 3 FOR 875.83 FEET TO A POINT ON THE CENTERLINE OF AVENTURA BOULEVARD; THENCE SOUTH 02 DEGREES 32'31" EAST FOR 73.00 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF AVENTURA BOULEVARD; THENCE SOUTH 87 DEGREES 27'29" WEST ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE A DISTANCE OF 12.60 FEET TO A POINT; THENCE 78.18 FEET ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 50.00 FEET AND A CHORD OF 70.45 FEET BEARING SOUTH 42 DEGREES 39'47" WEST TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF STATE ROAD NO.5 (U.S. HIGHWAY NO.1), AS SHOWN ON THE PLAT OF "AVENTURA FOURTH ADDmON", AS RECORDED IN PLAT BOOK 116, PAGE 34 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; THENCE SOUTH 02 DEGREES 07'55" EAST ALONG SAID EASTERLY RIGHT-OF-WAY LINE FOR A DISTANCE OF 1320.72 FEET TO A POINT; THENCE NORTH 87 DEGREES 52'05" EAST FOR A DISTANCE OF 435.30 FEET TO THE PRINCIPAL POINT AND PLACE OF BEGINNING OF THE FOLLOWING DESCRIPTION; THENCE NORTH 74 DEGREES 30'00" EAST FOR A DISTANCE OF 170.36 FEET TO A POINT; THENCE NORTH 15 DEGREES 30'00" WEST FOR A DISTANCE OF 18.00 FEET TO A POINT; THENCE NORTH 74 DEGREES 30'00" EAST FOR A DISTANCE OF 491.43 FEET TO A POINT; THENCE SOUTH 60 DEGREES 30'00" EAST FOR A DISTANCE OF 380.10 FEET TO A POINT; THENCE SOUTH 29 DEGREES 30'00" WEST FOR A DISTANCE OF 6.62 FEET TO A POINT; THENCE SOUTH 60 DEGREES 30'00" EAST FOR A DISTANCE OF 94.67 FEET TO A POINT; THENCE SOUTH 29 DEGREES 30'00" WEST FOR A DISTANCE OF 78.54 FEET TO A POINT; THENCE SOUTH 60 DEGREES 30'00" EAST FOR A DISTANCE OF 31.21 FEET TO A POINT; THENCE SOUTH 15 DEGREES 30'00" EAST FOR A DISTANCE OF 510.00 FEET TO A POINT; THENCE SOUTH 74 DEGREES 30'00" WEST FOR A DISTANCE OF 64.02 FEET TO A POINT; THENCE SOUTH 25 DEGREES 00'00" WEST FOR A DISTANCE OF 85.78 FEET TO A POINT; THENCE NORTH 65 DEGREES 00'00 WEST FOR A DISTANCE OF 162.20 FEET TO A POINT; THENCE 320.42 FEET ALONG AN ARC TO THE RIGHT, HAVING A RADIUS OF 2250.00 FEET AND A CHORD OF 320.15 FEET AND BEARING NORTH 60 DEGREES 55'13" WEST TO A POINT; THENCE NORTH 56 DEGREES 50'26" WEST FOR A DISTANCE OF 325.26 FEET TO A POINT; THENCE NORTH 49 DEGREES 47'23.6" WEST FOR A DISTANCE OF 485.32 FEET TO THE PRINCIPAL POINT AND PLACE OF BEGINNING. FURTHER lESS & EXCEPTING FROM PARCEL 2 THE FOLLOWING DESCRIBED LANDS CONVEYED TO THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, BY SPECIAL WARRANTY DEED RECORDED IN OFFICIAL RECORDS BOOK 17502, PAGE 4216 OF THE PUBLIC RECORDS OF MIAMI- DADE COUNTY, FLORIDA, TO-WIT: THOSE PORTIONS OF TRACT "Q", AVENTURA SIXTH ADDmON, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 120, PAGE 20, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, IN THE NORTHWEST ONE-QUARTER (N.W. 1J4) OF SEmON 3, TOWNSHIP 52 SOUTH, RANGE 42 EAST, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF SAID TRACT "Q"; THENCE ALONG THE WEST LINE OF SAID TRACT "Q", FOR THE FOLLOWING THREE (3) COURSES, (1) NORTH 02 DEGREES 07'21" WEST, A DISTANCE OF 29.240 METERS (95.93 FEET); (2) THENCE NORTH 01 DEGREES 28'13" EAST, A DISTANCE OF 43.775 METERS (143.62 FEET); (3) NORTH 02 DEGREES 07'21" WEST, A DISTANCE OF 82.872 METERS (271.89 FEET) TO REFERENCE POINT "A" AND THE POINT OF BEGINNING; THENCE CONTINUE ALONG SAID WEST LINE, NORTH 02 DEGREES 07'21" WEST, A DISTANCE OF 27.432 METERS (90.00 FEET); THENCE NORTH 87 DEGREES 53'07" EAST, A DISTANCE OF 0.457 METERS (1.50 FEET); THENCE SOUTH 02 DEGREES 07'21" EAST, A DISTANCE OF 27.432 METERS (90.00 FEET); THENCE SOUTH 87 DEGREES 53'07" WEST, A DISTANCE OF 0.457 METERS (1.50 FEET) TO THE POINT OF BEGINNING. AND COMMENCE AT THE AFOREMENTIONED REFERENCE POINT "A"; THENCE ALONG THE WEST LINE OF SAID TRACT "Q", FORTH FOLLOWING FIVE (5) COURSES, (1) NORTH 02 DEGREES 07'21" WEST, A DISTANCE OF 27.432 METERS (90.00 FEET); (2) THENCE NORTH 14 DEGREES 48'10" WEST, A DISTANCE OF 12.497 METERS (41.00 FEET); (3) NORTH 02 DEGREES 07'21" WEST, A DISTANCE OF 15.246 METERS (50.02 FEET); (4) THENCE NORTH 01 DEGREES 50'16" EAST, A DISTANCE OF 39.719 METERS (130.31 FEET); (5) THENCE NORTH 02 DEGREES 07'21" WEST, A DISTANCE OF 43.721 METERS (143.44 FEET) TO THE POINT OF BEGINNING; THENCE CONTINUE ALONG SAID WEST LINE, NORTH 02 DEGREES 07'21" WEST, A DISTANCE OF 27.432 METERS (90.00 FEET); THENCE NORTH 87 DEGREES 53/01" EAST, A DISTANCE OF 0.457 METERS (1.50 FEET); THENCE SOUTH 02 DEGREES 07'21" EAST, A DISTANCE OF 27.432 METERS (90.00 FEET); THENCE SOUTH 87 DEGREES 53'01" WEST, A DISTANCE OF 0.457 METERS (1.50 FEET) TO THE POINT OF BEGINNING. PARCEL 3: ALL THOSE CERTAIN PLOTS, PIECES OR PARCELS OF LAND, SITUATE, LYING AND BEING IN THE COUNTY OF MIAMI-DADE, STATE OF FLORIDA, AND DESCRIBED AS FOLLOWS: "QUADRANT Off A PORTION OF TRACT "Q" OF "AVENTURA SIXTH ADDmON", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 120 AT PAGE 20 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: COMMENCE AT THE S.E. CORNER OF TRACT "R" OF SAID PLAT OF "AVENTURA SIXTH ADDmON", SAID POINT BEING ON A CURVE CONCAVE TO THE N.E.; THENCE ALONG THE WESTERLY RIGHT- OF-WAY LINE OF WEST COUNTRY CLUB DRIVE FOR THE FOLLOWING THREE (3) COURSES; (1) THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 4656.66 FEET AND A CENTRAL ANGLE OF 6 DEGREES 38'08" FOR 539.29 FEET TO A POINT ON SAID CURVE AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREINAFTER DESCRIBED; (2) THENCE CONTINUE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 4656.66 FEET AND A CENTRAL ANGLE OF 2 DEGREES 49'41" FOR 229.85 FEET TO A POINT OF REVERSE CURVATURE; (3) THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 1275.14 FEET AND A CENTRAL ANGLE OF 9 DEGREES 32'14" FOR 212.25 FEET TO A POINT OF COMPOUND CURVATURE OF A CURVE TO THE RIGHT; THENCE SOUTHEASTERLY, WESTERLY AND SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 50.0 FEET AND A CENTRAL ANGLE OF 86 DEGREES 09'34" FOR 75.19 FEET TO A POINT OF COMPOUND CURVATURE OF A CURVE TO THE RIGHT; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 5594 .58 FEET AND A CENTRAL ANGLE OF 1 DEGREES 00'20" FOR 98.19 FEET TO A POINT; THENCE N 45 DEGREES 02'32" W FOR 25.00 FEET TO A POINT ON A CURVE TO THE LEFT, SAID POINT BEARS S 45 DEGREES 02'32" E FROM THE CENTER OF SAID CURVE; THENCE NORTHEASTERLY, NORTHERLY AND NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 5.00 FEET AND A CENTRAL ANGLE OF 125 DEGREES 32'55" FOR 10.96 FEET TO A POINT OF COMPOUND CURVATURE OF A CURVE TO THE RIGHT; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A. RADIUS OF 522.50 FEET AND A CENTRAL ANGLE OF 27 DEGREES 32'27" FOR 251.15 FEET TO A POINT OF TANGENCY; THENCE N 53 DEGREES 02'45" W FOR 0.31 FEET TO A POINT OF CURVATURE OF A CURVE TO THE LEFT; THENCE NORTHWESTERLY, WESTERLY AND SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 35.00 FEET AND A CENTRAL ANGLE OF 84 DEGREES 24'26" FOR 51.56 FEET TO A POINT OF REVERSE CURVATURE; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 555.0 FEET AND A CENTRAL ANGLE OF 54 DEGREES 56'22" FOR 532.17 FEET TO A POINT ON SAID CURVE, SAID POINT BEARS S 7 DEGREES 29'11" W FROM THE CENTER OF SAID CURVE; THENCE N 29 DEGREES 58'54" E FOR 92.90 FEET; THENCE N 35 DEGREES 30'00" W FOR 31.98 FEET TO A POINT ON A CURVE TO THE LEFT; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 110.0 FEET AND A CENTRAL ANGLE OF 25 DEGREES 00'00" FOR 48.00 FEET TO A POINT OF TANGENCY; THENCE N 29 DEGREES 30'00" E FOR 331.34 FEET TO A POINT OF CURVATURE OF A CURVE TO THE RIGHT; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 726.18 FEET AND A CENTRAL ANGLE OF 29 DEGREES 18'21" FOR 371.43 FEET TO A POINT OF REVERSE CURVATURE OF A CURVE TO THE LEFT; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 135.0 FEET AND A CENTRAL ANGLE OF 48 DEGREES 00'00" FOR 113.10 FEET TO A POINT ON SAID CURVE; THENCE N 60 DEGREES 00'00" E FOR 30.86 FEET TO A POINT ON A CURVE TO THE RIGHT, SAID POINT BEARS N 63 DEGREES 19'08" EAST FROM THE CENTER OF SAID CURVE; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 555.0 FEET AND A CENTRAL ANGLE OF 24 DEGREES 44'30" FOR 239.66 FEET TO A POINT OF REVERSE CURVATURE OF A CURVE TO THE LEFT; THENCE SOUTHEASTERLY, EASTERLY AND NORTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 30.0 FEET AND A CENTRAL ANGLE OF 92 DEGREES 56'22" FOR 48.66 FEET TO A POINT OF TANGENCY; THENCE N 85 DEGREES 07'16" E FOR 87.61 FEET TO A POINT OF CURVATURE OF A CURVE TO THE LEFT; THENCE ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 30.0 FEET AND A CENTRAL ANGLE OF 64 DEGREES 25'24" FOR 33.73 FEET TO A POINT ON SAID CURVE; THENCE S 69 DEGREES 17'55" E FOR 25.0 FEET TO THE POINT OF BEGINNING. PARCEL 4: A PORTION OF TRACT "Q" OF AVENTURA SIXTH ADDmON, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 120, PAGE 20, PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF TRACT "R" OF SAID PLAT OF AVENTURA SIXTH ADDmON, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 120, PAGE 20 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; THENCE NORTH 02 DEGREES 40' 32" WEST, ALONG THE WEST BOUNDARY LINE OF SAID TRACT "R" AND ALONG THE BOUNDARY LINE OF SAID TRACT "Q", FOR 116.48 FEET TO THE POINT OF BEGINNING OF THE HEREINAFTER DESCRIBED PROPERTY; THENCE CONTINUE NORTH 02 DEGREES 40' 32" WEST, ALONG THE PREVIOUSLY DESCRIBED LINE OF 700.65 FEET; THENCE SOUTH 87 DEGREES 19' 28" WEST, ALONG THE BOUNDARY LINE OF SAID TRACT "Q", FOR 239.00 FEET; THENCE SOUTH 02 DEGREES 40'32" EAST FOR 42.00 FEET; THENCE NORTH 87 DEGREES 19'28" EAST FOR 123.00 FEET; THENCE SOUTH 02 DEGREES 40'32" EAST FOR 20.00 FEET; THENCE NORTH 87 DEGREES 19'28" EAST FOR 74.00 FEET; THENCE SOUTH 02 DEGREES 40'32" EAST, ALONG A LINE 42.00 FEET WEST OF AND PARALLEL WITH THE WEST LINE OF SAID TRACT "R", FOR 639.08 FEET; THENCE NORTH 86 DEGREES 44'34" EAST FOR 42.00 FEET TO THE POINT OF BEGINNING. MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami-Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared O. V. FERBEYRE, 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-Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF AVENTURA - NOTICE OF PUBLIC HEARING FOR NOVEMBER 6, 2007 - MT. SINAI MEDICAL CENTER OF FL., INC. in the XXXX Court, was published in said newspaper in the issues of 10/25/2007 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami-Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami-Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami-Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing t . adve' m t for publication in the said newspape ~ Sworn to and subscribed before me this 25 day of OCTOBER ,A.D. 2007 ~~dm~n_ (SEAL) O. V. FERBEYRE personally known to me "r:' ~ Cheryl H Marmer ! J . M'f CommiSsiOn 00338559 "\J:..I Expires July 18, 2008 ';;r'._ . ...- '-""::'.-"'--:-'-: .....:'.',--..:: .".....:..:' QI1'YoFjcAV"'''''RA NOTiCE OF PU.LIC. HEAIUIIG I)_t'end ,....ofPUblloI-=--.:, .' Tue$day. Novemb8r 6, 2007 . . '. fi.OOp.m. . AppIIc8rd NIII"~'~ SInalMectlcal Ceoter of . FIoI'IdaInc. ~-S\I:.o1) ~-~~V~,~~'l' ....31-1~(g)(2)b. to'.~ three.WalI...... ..... "'on.tw.r~. ....1, ...... ...~..... ...at... 284SA.~. 8otJf$V8rd;..... OM''''frl.( 'C6de aAd whereone'Uf tho88......d...Il__.OIfa....~ Wfth1n'300fMtOf an adjaCent~~~.~th8COdedOE!snotallow a waR sign on a bulIdlng eIevatlon that.teces an adjacent.te8Identldy zonedpropertywl1hln~~<<><<~~. .,' ~ofsubJect Property: 2845 Awntura BouleVard. City Of Aventura . llll' DelcdptlcMnPortion of Tract.L,~, ThIrd.AddIIIonBiscayn& Y8cbt.\ and COuntry Club according to a plat thereof recon:I8d.1n Plat Book 92, '. Page 84 of the . Public Records OfMia~ade County.. FIorlda, City of Ayentura (~IegaI. ~ ~,at the eommunity :Development~" :';>"><~', - .~araonflle~....,;be.~~~~hours at .. City of AV8Iltura Govemment eem,r.. Community DeveIopmeilt ~, 19200 West Coun~ Club D~, AV8Iltura:. Florida, 33180." f1itls may atQ(i..~ ~"'_;,,",._lcatlon i ~~''':f? ,,'. ....>J ".. ..... ...i~,,>'<c(.. f .....~ - i :TIIe Public tltarin(j will ~hercfln th8CitY~~ Chaiiiber at CIty ". 'of Aventura Government Center at. the ~ abOve. your ~j may be made In person at the ~ 'otfiled in writing prior to the hearing date. Refer to.~~.~ and mail same to City of Aventura~~.~Development Department at the addr8ss atlOW.;~rfultf\&l' lrifOrmation, pIease-call (305) 466-8940. . In accordanc61Vitb the ~.~. ~i1iti8s ,Act of 1990. all persons who a,. d'-ia(l. .wh()~ ~Laccommo<lations to participate in thjs ~.~',of "-i$sabi/lIV lShf>uld contact the Office of the'<:tty CIel'k. (805) 466--8901;nbtlater than two business days prior to such proceedings. Ifa parson decklestoapP!Jal any <*isionmlWe b)'the City Rommission with respect to any. ~ CXlIl$IdeAld .~' a ..meetIng . or hearing, that ~rson wlU need a AlCOrd Ofthe~and.Jor such purpose. may need to ensure that a verbatim AlCOrd Of the proceedings is made. which 'record includeS the testimony and e\lidence upon which the appeal is to be basEId. 10/25 Te_Hl. Sorol<a. MMe, Cityctem 07-3-165/909896M ~ MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami-Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared O.V. FERBEYRE, 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-Dade County, Florida; that the attached copy of advertisement, being a Legai Advertisement of Notice in the matter of CITY OF AVENTURA - NOTICE OF PUBLIC HEARING NOVEMBER 6, 2007 MOUNT SINAI MEDICAL CENTER OF FLORIDA, INC. in the XXXX Court, was published in said newspaper in the issues of 10/24/2007 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami-Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami-Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami-Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing tpis advertis t for publication in the said newspapel.' U(., Sworn to and subscribed before me this ~-;. 2007 .-/ (SEAL) O,V. FERBEYRE personally known to me .: MARIA I. MESA NOTARY PUBUC STAll OF FLORIO, Commission #00293855 Exoires l'kt\RC~ 04 200; CITY OF AVENTURA ~TICE OF ...,sLle "EARING "', Dat8 and time of Public Hearing: Tuesday, November 6, 2007 ..",,,,,~p.m. ~,!I,1t!l!!m!!!I!~m~ CenteroiBorida Inc. 'd~7 .,1)[' ~\-.\ ?,......_'~~ Applicant Request: Va~'frofn'~ $1-191(g)(2)b. to permit three waUsigns on a fwo~!~ '. 'Iocated at2845 Aventura Boulevard, where one wall Slgri.~'" . by Code and whereOl1e .of those three wall signs Is klcatedon a ng e1evation~hln 300 feet of, an adjacent residentiaRy zoned property, where the Code doeS not allow a wall sign on a building eIeY,~QI1~U~es an adjacent residentially zoned property within 3OOfeetOf'th&~.. ' , LOC8tI.on .of~.;~~2845A~ra,8Qule~. City of Aventura ' " <..' '. .' ';" . ","" "'." ,. I'. ,.. ...., " Legal Description: ~WTT8ct"l",TlliA:f~n Biscayne Yacht and Country Club according to a plat thereof recorded in Plat Book 99, Page 21.Oftttef?UblicR8tiot"dL4Mlarnl.[)adII County,~en,Of AV8Iltura'(CC)IJlpIete ...legatdescrlptionavaihlble<4It' '*~ DeveIopment~) ",e,;;>.; " ,t'-"h"-- Plans ara on file and may be examined during regUiar1HJsln8ll8.....at the City of AventuraGovemment Center,Community~nt Departlllent, 192O()WeetGountryO/ub OriVe,Awntura,-FIQrida;'33180. PIan8.m&,ybe"modIfledat<<befOte.thePublicHearlng: Th$.;appIklatiori may d1ange duringthe'~oproceas. .. '. ,,:., ,','i;,_",,'";; " ,The. .PubIIc Heartng-__tMf Intt*CllyCornmiseio1lChamberStClty of AventuraGov~etat_llddnI$e'abOve-: Your coIntnents may be. made. in peNOn...".'. ;::astfle. =. ',or1ll8dlnWl'lting priOr to. the hearlngdat..Refer"~', ,,,' "'On ~ and mall same toCItyOf~.comrnunltyDevelopment Department at the eddress~"For fu~rinlormatlon, please call (305)466-8940. -<",,_: -".~->C' ". ~1f', ",,~,:~ ,'c.' ," In accordance Wlttt1fte\.Amerfoans~l'JI$abiIilies Act of 1990 all persons who ara ~andWhOMed sp.ecia!llCCOI'Tln'I<ktations to partk;ipate In this.~. ~Of.that..dIsabiIIty shOUld' contact the Offlce'Ofth8Clty CIitfl<,~1; notl8l8r 1fian twO buslriesS days prior to such proceedings. " ',. '~'>- <~ If a pensOn deCldesto. ~any ~ m.aeby.City eommi$$ion with respect to any ~'COI'1S/d8ratI ata me.tIftg or tlearlng; 'that ,person,,", need a recoritbfthe proC8edk1gs and; fOr loch pUrpose, may . need to ensure 1hat av8ibatim 1'8<ll1it1 of the proceedings is made, whiCh recotd Includes the testimony and evklence upoil which the appeaIlS to be based. t 10/24 Teresa M. Soroka, MMC, City Clerk 07-3-136190833OM MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami-Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared O.V. FERBEYRE, 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-Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF AVENTURA - NOTICE OF PUBLIC HEARING NOVEMBER 6, 2007 TURNBERRY ASSOCIATES AND AVENTURA MALL VENTURE in the XXXX Court, was published in said newspaper in the issues of 10/24/2007 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami-Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami-Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami-Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing t 's adverti e t for publication in the said newspape . Sworn to and subscribed before me this 24~~D. 2007 ~) ~~ (SEAL) OY FERBEYRE personally known to me ....., MARfA L MESA . '. ". NOTARY PUBLIC STAlE OF FLORID . . '.. V Commission #00293855 Expires: MARCH 04, 200F . CITY OF AVENtURA NOTICE OF PU.L,C' Hl!ARING ...,} ,-~.%",:- Date and Time ofP\lblIc Hearing: Tuesday, Noveniber 6, 2007 . ' 6:00 p.m: . . Applicant NanWNumti.r: . Tumberry Associates and Aventui'aMaH . . Venture{01~SV-01) Applicant Request: - \(a~iaA98 fnrm ~getiQA 311 ~1 (~(S)f of the .~ C~ te'8~illh~ name of a tenal1t occupying 25,00() ,",uare teet. and tile name of it tenant occupying 90,00() square feetoh six d1rectional'slgns, wliWe directionalslgns In a regional maIIl'Tl8)' list ~ tenantS occupying 100,00() square feet or more by Code; and . Variance from SeCtIon 31-191 (g)(8)b. ~ the City Code to: permit an exterior wall-sign for a tenant OCcupying 25,OOO'~are teet, Where exterior waR signs are permlttedbyCode~, t~ 9CCUPylng 100,000 square feet armore << for te~:Wtth direct extertor access. LocatIon of. Subject Property: 1~1 Biscayne. eOutevard, City of Avel1tura ., Legal OeIcrIptIon:Portion of Tract .C., AventiiraSixth Addition. according to a plat thereof -f8QGl'dedln Plat BQok :UlQ;Paa& 20- at.. Public ~ of, Miami-Dade County, .F/QIiQl,GIty ;.of ~ (complete legaI.descriptfon.avaliable. at the CQmmunftyDlllIltf__ Department). .:(~.: Plans are on m. andmaybe examined during reguiar'businesshotft,at the CIty.Of .~'G~ Qenter,..Cornmul'llty,.O&~ DepaJtment, 19200 VVesfGouc\tlyClub Drive, Aventura, FIot:Ida.38'leO. PIlWI. may be mo4IlIelIt;ator.before'#Ie P~........:rt)eappljCltlon maY;change~proc:ess. T~J?~ HeatingWi!.l be~ldinthe City ~~arnber atCity of ~ntura Govemnl8Qt Center at the address atxwe..Your C()!1tIIIIlInts may be'made in. ~. at "hearing or filed in writlngPli<H'tobl hearing--'date. Refer to appflcantIprOpertyon:-(;QJ[~.aNtft'1811 same to City of AventlHa GoY8mmei'tt Cemer, Community geYeIoprnent Departrnentat the addrasa above. For further inforrnation,pIease cell (305) 466-8940. In accordance with the Americans with Disabilities Act of 1990, all persons who arp disabied and who need special aecommodetions to participate in this pl'()Ceeding because of that disabtlity should contact the Office oftha City Clark, 466-8901, not iater.~ .hl!Qbusiness days prior to-suoh proceedingS. ' ,I> .. ".. . .'_,'-,' ; ",'; q,,"/": If a person d~des to appeal any decision made6ythe City~inisslon with respectcfp any matterpsidered at ,8 meeting or f1earIng... that person will needs record of th& proceedings and,Jor such~. may need to ensuce that a verbatim record of the pr~gs isQlf1de; which record includes tha testimony and evidence upon whiCh the appeal is to be based. 10/24 Teresa M. Soroka, MMe, City Clerk 07-3-1351908328M