02-05-2008
City Commission
Susan Gottlieb, Mayor
A~e City of
~ventura
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Ciu MJUJalfU
Eric M. Soroka, leMA-CM
Zev Auerbach
Bob Diamond
Billy Joel
T eri Holzberg
Michael Stern
Luz Urbaez Weinberg
Ciu Clerk
Teresa M. Soroka, MMC
Ciu Attornev
Weiss Serota Helfman
Pastoriza Cole & Boniske
AGENDA
FEBRUARY 5,2008 6 p.m.
Government Center
19200 West Country Club Drive
A ventura, Florida 33180
1. CALL TO ORDER\ROLL CALL
2. PLEDGE OF ALLEGIANCE
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 wi1\ 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:
January 8, 2008 Commission Meeting
January 17,2008 Workshop Meeting
B. 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 TIDNGS NECESSARY TO CARRY
OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN
EFFECTIVE DATE.
C. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA, AUTHORIZING THE CITY
MANAGER TO EXECUTE AND RECORD ANY AND ALL
NECESSARY EASEMENTS AND OTHER DOCUMENTS
RELATED TO WATER AND SEWER SERVICE AT
WATERWAYS PARK; PROVIDING FOR EFFECTIVE DATE.
Fem.y S, 2008 Commission Mcding
D. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF AVENTURA, FLORIDA ADOPTING THE CITY OF
A VENTURA 2008 LEGISLATIVE PROGRAM AND PRIORITIES
ATTACHED HERETO; AUTHORIZING THE CITY MANAGER
TO TAKE NECESSARY ACTION TO CARRY OUT THE AIMS
OF THIS RESOLUTION; AND PROVIDING FOR AN
EFFECTIVE DATE.
E. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA APPROVING AND AUTHORIZING
THE CITY MANAGER TO EXECUTE AND OTHERWISE
ENTER INTO THE ATTACHED CHANGE ORDER FOR BID
NUMBER 07-12-8-2 FOR NE 29TH PLACE AND YACHT CLUB
WAY MILLING AND RESURFACING CONSTRUCTION BY
AND BETWEEN THE CITY AND WEEKLEY ASPHALT
PAVING, INC.: AUTHORIZING THE CITY MANAGER TO
CARRY OUT THE AIMS OF THIS RESOLUTION; AND
PROVIDING FOR AN EFFECTIVE DATE.
F. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA, APPROVING THE APPOINTMENT
OF MEMBERS TO THE AVENTURA BUSINESS TAX EQIDTY
STUDY ADVISORY BOARD; AND PROVIDING AN
EFFECTIVE DATE.
G. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA AUTHORIZING THE CITY
MANAGER TO EXECUTE THE ATTACHED AGREEMENT
BETWEEN THE CITY OF A VENTURA AND AMERICAN
TRAFFIC SOLUTIONS FOR TRAFFIC SAFETY CAMERA
PROGRAM; AUTHORIZING THE CITY MANAGER TO DO
ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF
THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
6. WNING HEARINGS: (moved to item 10)
7. ORDINANCES: FIRST READINGIPUBLIC INPUT:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
A VENTURA, FLORIDA, ESTABLISHING THE A VENTURA BUSINESS
TAX EQUITY STUDY ADVISORY BOARD, WHICH SHALL SERVE
AS THE EQUITY STUDY COMMISSION FOR THE LOCAL BUSINESS
TAX RECLASSIFICATION AND REVISION, AND ESTABLISIDNG
PROCEDURES FOR APPOINTMENT OF MEMBERS, A TIMETABLE
AND RULES OF PROCEDURE; PROVIDING A SUNSET PROVISION,
AND PROVIDING FOR AN EFFECTIVE DATE
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Fem.y S, 2008 Commission Mcding
8. ORDINANCES: SECOND READING - PUBLIC HEARING:
A. AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA,
AMENDING SECTION 31-171(a)(6) "OFF-STREET PARKING,
LOADING AND DRIVEWAY STANDARDS" OF THE CITY'S
LAND DEVELOPMENT REGULATIONS TO PERMIT
MECHANICAL PARKING LIFTS TO BE COUNTED AS
REQUIRED PARKING SPACES SUBJECT TO CERTAIN
CONDITIONS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE; PROVIDING
FOR AN EFFECTIVE DATE.
B. AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA,
AMENDING SECTION 31-144(e) "OFFICE PARK (OP)
DISTRICT" OF THE CITY'S LAND DEVELOPMENT
REGULATIONS TO PERMIT DISPLAY SHOWROOMS AS A
CONDITIONAL USE SUBJECT TO CERTAIN CONDITIONS;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE
DATE.
C. AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA,
AMENDING CHAPTER 2, "ADMINISTRATION", ARTICLE IV
"FINANCE", DIVISION 5 "IMPACT FEES", TO CREATE
SECTION 2-302 ESTABLISHING A TRANSPORTATION
MITIGATION IMPACT FEE AND SCHEDULE FOR
MITIGATION OF TRANSPORTATION IMPACTS BY NEW
DEVELOPMENT; PROVIDING FOR TRANSPORTATION
MITIGATION IMPACT FEE COMPUTATION FORMULA;
PROVIDING FOR EXEMPTIONS; PROVIDING FOR IMP ACT
FEE EXPENDITURES; PROVIDING FOR ESTABLISHMENT
OF A TRANSPORTATION MITIGATION IMPACT FEE FUND;
PROVIDING FOR INCLUSION IN THE CODE; PROVIDING
FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
D. AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA
APPROVING AGREEMENT BETWEEN THE CITY OF
A VENTURA AND ROY R. LUSTIG, TRUSTEE FOR
EXCHANGE OF REAL PROPERTY; PROVIDING FOR THE
SALE AND EXCHANGE OF CITY REAL PROPERTY;
PROVIDING FOR IMPLEMENTATION OF TRANSACTION;
PROVIDING FOR AN EFFECTIVE DATE.
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Fem.y S,2OO8 Commission Mcding
E. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA, PROVIDING FOR THE
SUBMISSION TO THE ELECTORS OF PROPOSED
AMENDMENTS TO THE CITY CHARTER IN ACCORDANCE
WITH SECTION 6.02(A) OF THE CITY CHARTER;
SUBMITTING PROPOSED CHARTER AMENDMENTS
CONCERNING SECTION 2.03 "ELECTION AND TERM OF
OFFICE" AND SECTION 5.01 "ELECTIONS"; PROVIDING
FOR CHANGE OF DATE OF GENERAL CITY MAYORAL AND
COMMISSION ELECTIONS AND FOR THE RELATED
EXTENSION OF THE TERM OF OFFICE AND THE ALLOWED
LENGTH OF SERVICE; PROVIDING REQUISITE BALLOT
LANGUAGE FOR SUBMISSION TO THE ELECTORATE;
CALLING A SPECIAL ELECTION ON THE PROPOSED
AMENDMENTS TO THE CITY CHARTER TO BE HELD ON
TUESDAY, THE 22ND DAY OF APRIL, 2008; PROVIDING
NOTICE OF ELECTION; PROVIDING FOR MAIL BALLOT
ELECTION; PROVIDING FOR INCLUSION IN THE
CHARTER; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
9. RESOLUTIONS - PUBLIC HEARING: None.
10. 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 inform 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 affirmation. Additionally, each person who gives testimony may be subject to
cross-examination. If you refuse either to be cross-examined or to be sworn, your testimony will be given its due weight. The
general public will not be permitted to cross-examine witnesses, but the public may request the Commission to ask questions
of staff or witnesses on their behalf. Persons representing organizations must present evidence of their authority to speak for
the organization. Further details of the quasi-judicial procedures may be obtained from the Clerk.
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
A VENTURA, FLORIDA GRANTING CONDITIONAL USE APPROVAL
TO PERMIT THE ESTABLISHMENT OF A FURNITURE DISPLAY
SHOWROOM IN THE OFFICE PARK (OP) DISTRICT FOR PROPERTY
LOCATED AT 20900 NE 30 AVENUE, CITY OF A VENTURA; PROVIDING
FOR AN EFFECTIVE DATE.
11. REPORTS
12. PUBLIC COMMENTS
13. OTHER BUSINESS: None.
14. ADJOURNMENT
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Fem.y S, 2008 ('nmmilllinn Mcding
SCHEDULE OF FUTURE MEETINGSIEVENTS
COMMISSION WORKSHOP
FEBRUARY 21, 2008
9 A.M.
COMMISSION MEETING
MARCH 4, 2008
6 P.M.
This meeting is open to the public. In accordance with the Americans with Disabilities Act of 1990, all persons who are disabled
and who need special accommodations to participate in this meeting because of that disability should contact the Office of the City
Clerk, 305-466-8901, not later than two days prior to such proceeding. One or more members of the City of Aventura Advisory
Boards may be in attendance. Anyone wishing to appeal any decision made by the Aventura City Commission with respect to any
matter considered at such meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a
verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be
based. Agenda items may be viewed at the Office of the City Clerk, City of Aventura Government Center, 19200 W. Country Club
Drive, A ventura., Florida, 33180. Anyone wishing to obtain a copy of any agenda item should contact the City Clerk at 305-466-
8901.
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MINUTES
CITY COMMISSION MEETING
JANUARY 8, 2008 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 following the 6 p.m. Local Planning Agency Meeting. Present were
Commissioners Zev Auerbach, Teri Holzberg, Billy Joel, Michael Stern, Luz Urbaez
Weinberg, 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.
2. PLEDGE OF ALLEGIANCE: Led during the LPA meeting.
3. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: None.
4. SPECIAL PRESENTATIONS: None.
5. CONSENT AGENDA: A motion to approve the Consent Agenda was offered by
Vice Mayor Diamond, seconded by Commissioner Auerbach, unanimously passed and
the following action was taken:
A. The following minutes were approved:
November 6, 2007 Commission Meeting
November 14, 2007 Workshop Meeting
December 14, 2007 Special Meeting
B. Resolution No. 2008-01 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, APPROVING THE APPOINTMENT OF
MEMBERS TO THE CITY OF AVENTURA COMMUNITY SERVICES
ADVISORY BOARD; AND PROVIDING AN EFFECTIVE DATE.
C. Resolution No. 2008-02 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA SELECTING THE FIRM OF AMERICAN
TRAFFIC SOLUTIONS, INC. TO PROVIDE TRAFFIC SAFETY CAMERA
PROGRAM RELATIVE TO RFQ NO. 08-11-13-2; AUTHORIZING THE
CITY MANAGER TO NEGOTIATE THE TERMS AND FEES FOR SAID
SERVICES; AUTHORIZING NEGOTIATIONS WITH AN ALTERNATE
FIRM TO PERFORM THE REQUIRED SERVICES SHOULD
NEGOTIATIONS WITH SELECTED FIRM BE UNSUCCESSFUL;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION;
AND PROVIDING FOR AN EFFECTIVE DATE.
D. Resolution No. 2008-03 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA DEDICATING A TEN (10) FOOT WIDE
EASEMENT TO FLORIDA POWER AND LIGHT COMPANY ON THE
WATERWAYS PARK EXPANSION SITE; PROVIDING FOR
RECORDATION; AUTHORIZING THE CITY MANAGER TO TAKE ALL
ACTION NECESSARY TO IMPLEMENT THE PURPOSES OF THIS
RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
E. The following motion was approved:
MOTION AUTHORIZING THE APPROPRIATION OF UP TO $25,000
FOR THE PURCHASE OF PERSONNEL MANAGEMENT SOFTWARE
AND TO CONTRIBUTE TO THE NATIONAL LEO MEMORIAL MUSEUM
FROM THE POLICE FORFEITURE FUND IN ACCORDANCE WITH THE
CITY MANAGER'S MEMORANDUM.
F. Resolution No. 2008-04 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 BETWEEN THE CITY OF
AVENTURA AND PGAL ARCHITECTS TO PERFORM
ARCHITECTURAL AND ENGINEERING SERVICES TO PLAN, DESIGN
AND PERMIT THE CITY'S ARTS & CULTURAL CENTER PROJECT;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION;
AND PROVIDING AN EFFECTIVE DATE.
G. Resolution No. 2008-05 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 AGREEMENT
BETWEEN THE CITY OF AVENTURA AND MIAMI-DADE COUNTY
FOR GOB PROJECT NUMBER 57 AVENTURA PERFORMING ARTS
CENTER COMMITTING THE CITY OF AVENTURA TO COMPLETE THE
PERFORMANCE ARTS PROJECT OUTLINED IN EXHIBIT I OF THE
AGREEMENT; AUTHORIZING THE CITY MANAGER TO CONTRACT
WITH THIRD PARTY CONTRACTORS TO COMPLETE THE PROJECT
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IN ACCORDANCE WITH CITY'S PURCHASING PROCEDURES;
COMMITTING TO CITY OF AVENTURA TO PROVIDE OPERATING,
MAINTENANCE AND PROGRAMMING FUNDS UPON THE
COMPLETION OF THE PERFORMING ARTS CENTER DETAILED IN
EXHIBIT I OF AGREEMENT, IF APPLICABLE, TO THE EXTENT
ALLOWED BY LAW ; AUTHORIZING THE CITY MANAGER TO DO
ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
H. Resolution No. 2008-06 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA APPROVING AND AUTHORIZING THE CITY
MANAGER TO EXECUTE AND OTHERWISE ENTER INTO THE
ATTACHED CHANGE ORDER EXHIBIT I FOR BID NO. 07-02-26-2 FOR
WATERWAYS DOG PARK CONSTRUCTION BY AND BETWEEN THE
CITY AND LINK CONSTRUCTION GROUP, INC.; AUTHORIZING THE
CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT
THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE
DATE.
I. Resolution No. 2008-07 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER ON
BEHALF OF THE CITY TO EXECUTE AND OTHERWISE ENTER INTO
THE ATTACHED MUTUAL AID AGREEMENT BETWEEN THE CITY OF
AVENTURA AND THE CITY OF HALLANDALE BEACH FOR LAW
ENFORCEMENT ACTIVITIES; AUTHORIZING THE CITY MANAGER
TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF
THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE.
6. ZONING HEARINGS: None.
7. ORDINANCES: FIRST READING/PUBLIC INPUT:
A. Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
SECTION 31-171(a)(6) "OFF-STREET PARKING, LOADING AND
DRIVEWAY STANDARDS" OF THE CITY'S LAND DEVELOPMENT
REGULATIONS TO PERMIT MECHANICAL PARKING LIFTS TO BE
COUNTED AS REQUIRED PARKING SPACES SUBJECT TO CERTAIN
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CONDITIONS; 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 preceding Local Planning Agency meeting, was
offered by Commissioner Auerbach and seconded by Commissioner
Weinberg. Planning Director Joanne Carr addressed the Commission and
entered the staff report into the record. Mayor Gottlieb opened the public
hearing. There being no speakers, the public hearing was closed. The
motion for approval passed unanimously (6-0 with Vice Mayor Diamond
absent from the room) by roll call vote.
B. Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
SECTION 31-144(e) "OFFICE PARK (OP) DISTRICT" OF THE CITY'S
LAND DEVELOPMENT REGULATIONS TO PERMIT DISPLAY
SHOWROOMS AS A CONDITIONAL USE SUBJECT TO CERTAIN
CONDITIONS; 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 preceding Local Planning Agency meeting, was
offered by Commissioner Joel and seconded by Commissioner Stern. Ms.
Carr addressed the Commission and entered the staff report into the
record. Mayor Gottlieb opened the public hearing. There being no
speakers, the public hearing was closed. The motion for approval passed
unanimously (6-0 with Vice Mayor Diamond absent from the room) by roll
call vote.
C. Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
CHAPTER 2, "ADMINISTRATION", ARTICLE IV "FINANCE", DIVISION
5 "IMPACT FEES", TO CREATE SECTION 2-302 ESTABLISHING A
TRANSPORTATION MITIGATION IMPACT FEE AND SCHEDULE FOR
MITIGATION OF TRANSPORTATION IMPACTS BY NEW
DEVELOPMENT; PROVIDING FOR TRANSPORTATION MITIGATION
IMPACT FEE COMPUTATION FORMULA; PROVIDING FOR
EXEMPTIONS; PROVIDING FOR IMPACT FEE EXPENDITURES;
PROVIDING FOR ESTABLISHMENT OF A TRANSPORTATION
MITIGATION IMPACT FEE FUND; PROVIDING FOR INCLUSION IN
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THE CODE; PROVIDING FOR CONFLICT; PROVIDING FOR
SEVERABILITY; 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 Holzberg and seconded by Commissioner Stern.
Ms. Carr addressed the Commission and entered the staff report into the
record. 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.
D. Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA
APPROVING AGREEMENT BETWEEN THE CITY OF AVENTURA AND
ROY R. LUSTIG, TRUSTEE FOR EXCHANGE OF REAL PROPERTY;
PROVIDING FOR THE SALE AND EXCHANGE OF CITY REAL
PROPERTY; PROVIDING FOR IMPLEMENTATION OF TRANSACTION;
PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Weinberg, 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.
E. Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, PROVIDING FOR THE SUBMISSION TO THE
ELECTORS OF PROPOSED AMENDMENTS TO THE CITY CHARTER
IN ACCORDANCE WITH SECTION 6.02(A) OF THE CITY CHARTER;
SUBMITTING PROPOSED CHARTER AMENDMENTS CONCERNING
SECTION 2.03 "ELECTION AND TERM OF OFFICE" AND SECTION
5.01 "ELECTIONS"; PROVIDING FOR CHANGE OF DATE OF
GENERAL CITY MAYORAL AND COMMISSION ELECTIONS AND FOR
THE RELATED EXTENSION OF THE TERM OF OFFICE AND THE
ALLOWED LENGTH OF SERVICE; PROVIDING REQUISITE BALLOT
LANGUAGE FOR SUBMISSION TO THE ELECTORATE; CALLING A
SPECIAL ELECTION ON THE PROPOSED AMENDMENTS TO THE
CITY CHARTER TO BE HELD ON TUESDAY, THE 22ND DAY OF
APRIL, 2008; PROVIDING NOTICE OF ELECTION; PROVIDING FOR
MAIL BALLOT ELECTION; PROVIDING FOR INCLUSION IN THE
5
CHARTER; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
Mr. Wolpin noted a clerical error in the ordinance as originally distributed
which omitted reference to Seat 1, which would be included in the
approved document. Mr. Soroka noted the significant cost savings for
future elections if the City held its elections in conjunction with County
elections. A motion for approval was offered by Commissioner Weinberg,
and seconded by Commissioner Auerbach. Mayor Gottlieb opened the
public hearing. The following individual addressed the Commission:
Ginger Grossman, Bonavida. There being no further speakers, the public
hearing was closed. The motion for approval passed unanimously by roll
call vote.
8. ORDINANCES: SECOND READING: PUBLIC HEARING: Mr. Wolpin read the
following ordinance by title:
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.
A motion for approval was offered by Commissioner Joel, 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. 2008-01 was enacted.
9. RESOLUTIONS - PUBLIC HEARING: Mr. Wolpin read the following resolution by
title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA APPROVING AND AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AMENDED AND RESTATED INTERLOCAL AGREEMENT FOR
PUBLIC SCHOOL FACILITY PLANNING IN MIAMI-DADE COUNTY BETWEEN
THE CITY OF AVENTURA, TWENTY-SIX NON EXEMPT MUNICIPALITIES,
MIAMI-DADE COUNTY AND THE SCHOOL BOARD OF MIAMI-DADE
COUNTY, FLORIDA AS REQUIRED BY FLORIDA STATUTES; PROVIDING
FOR AN AMENDMENT TO SECTION 8.4 OF THE AMENDED AND
RESTATED INTERLOCAL AGREEMENT; AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS
OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE
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A motion for approval was offered by Commissioner Weinberg, and seconded by
Commissioner Auerbach. Ms. Carr addressed the Commission and entered the
staff report into the record. Mayor Gottlieb opened the public hearing. There
being no speakers, the public hearing was closed. The motion for approval
passed unanimously and Resolution No. 2008-08 was adopted.
10. REPORTS: As presented.
11. PUBLIC COMMENTS: Ms. Grossman; Sandra Joel, Capt. Eric Savel, Miami-Dade
Fire Rescue; and Jose Cleric, Highland Lakes.
12. OTHER BUSINESS: None.
13. ADJOURNMENT: There being no further business to come before the Commission
at this time, after motion made, seconded and unanimously passed, the meeting
adjourned at 7:15 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.
7
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MINUTES
CITY COMMISSION WORKSHOP
MEETING
JANUARY 17, 2008 - 9 A.M.
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 a.m. Present were Commissioners lev Auerbach, Teri Holzberg, Billy
Joel, Michael Stern, Luz Urbaez Weinberg, 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. LEGISLATIVE PROGRAM AND PRIORITIES: (City Manager) Mr. Soroka
discussed the proposed document for the next legislative session.
CITY MANAGER SUMMARY: Consensus to place on February agenda for
approval.
2. LOCAL BUSINESS TAX RECEIPT EQUITY STUDY: (City Manager) Mr. Soroka
discussed the recent legislation passed permitting local governments to reclassify
and restructure the rates of Local Business Tax Receipts and the need for an Equity
Study Commission which would be comprised of representatives of the City's
business community working with City administration.
CITY MANAGER SUMMARY: Consensus to proceed with study and appoint the
following individuals if each is willing to serve: Tom Oliveri, Northern Trust Bank;
Jeff Levinson, Mellon Bank; Elaine Adler, Aventura Marketing Council; Alan
Rosenthal, Esq.; Robert Sheir, 0.0.; Alan Lipps, CPA; and Fernando Levi-Hara, G &
o Developers.
3. 2008 MEETING SCHEDULE: (City Manager) Mr. Soroka discussed the schedule of
CommissionlWorkshop Meetings for 2008.
CITY MANAGER SUMMARY: Consensus to approve.
4. CITY SPONSORSHIP FOR FEDERAL GRANT TO ASSIST POINT EAST
CONDOMINIUM ASSOCIATION WITH SEAWALL RESTORATION: (City Attorney):
Mr. Wolpin provided an update on discussions with Point East and the Federal
Government regarding this matter and recommended the City not serve as a
sponsor. Michael Rodriguez, Esq., Greenspoon Marder, representing Point East
Condominium Associations III and IV addressed the Commission.
CITY MANAGER SUMMARY: Consensus to accept Mr. Wolpin's recommendation
and not proceed further.
5. ANNEXATION UPDATE: (City Manager) Mr. Soroka provided an update on this
study, which he anticipates to be completed by the end of February. Gloria Romero
Roses, President of Sky Lake/Highland Lakes Association, addressed the
Commission.
CITY MANAGER SUMMARY: No action necessary at this time.
6. KEY TO THE CITY REQUEST: (Vice Mayor Diamond)
CITY MANAGER SUMMARY: Item withdrawn from agenda.
Commissioner Auerbach requested discussion be added to this agenda relative to
the charter amendment concerning change in city election date. He drafted an
informatory statement for consideration by the Commission to be presented to the
residents. Consensus to proceed with letter, with minor changes as to legal
sufficiency as recommended by the City Attorney, and provide copy of County's
request to the media.
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 10:20 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
FROM: Eric M. Soroka, ICMA-CM, Ci
TO: City Commission
DATE: January 11, 2008
SUBJECT: Resolution Declaring Equipment Surplus
February 5, 2008 Commission Meeting Agenda Item 5- B
RECOMMENDATION
It is recommended that the City Commission adopt the attached Resolution declaring
certain police vehicles and school 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
CC01609-08
CITY OF A VENTURA
POLICE DEPARTMENT
TO:
FICE MEMORANDUM
Police
DATE: 8 January 2008
SUBJECT: Surplus Property
I would like to have the below listed city property declared Surplus Property as
per City of Aventura APDP, Chapter 6, Subsection 5, Page 1 as these items
have become inadequate for public purposes:
Veh# Veh Yr VIN Make Model
3156 2001 2FAFP71VVX1X129339 Ford CV
3157 2001 2FAFP71VV61X129340 Ford CV
3267 2002 2FAFP71VV52X126513 Ford CV
2816 1998 2FAFP71VV1VVX164617 Ford CV
3270 2002 2FAFP71VV02X126516 Ford CV
3271 2002 2FAFP71VV22X126517 Ford CV
3262 2002 2FAFP71VV12X126508 Ford CV
3158 2001 2FAFP71VV81X129341 Ford CV
3159 2001 2FAFP71VVX1X129342 Ford CV
3153 2001 1 FMRU15L 11 LA65312 Ford Exped itio
n
3264 2002 2FAFP71VVX2X126510 Ford CV
3265 2002 2FAFP71VV12X126511 Ford CV
3266 2002 2FAFP71VV32X126512 Ford CV
3269 2002 2FAFP71VV92X126515 Ford CV
3387 2003 2FAFP71VV83X167526 Ford CV
1813 1998 3GNGC26R4VVG137767 Chevrolet Suburban
CITY OF A VENTURA
POLICE DEPARTMENT
INTER OFFICE MEMORANDUM
TO: Eric M. Soroka, City Manager
FROM: Steven Steinberg, Chief of Police
DATE: 30 January 2008
SUBJECT: Surplus Property
I would like to have the below listed city property declared Surplus Property as
per City of Aventura APDP, Chapter 6, Subsection 5, Page 1 as these items
have become inadequate for public purposes:
1 City owned K9 dog: K9 Cody is being retired due to age.
If approved as surplus it is requested that ownership of the K9 be transferred to
Sgt Smith.
Veh# Veh VIN Make
Yr Model
3273 2002 2FAFP71VV62X126519 Ford CV
3272 2002 2FAFP71VV42X126518 Ford CV
From:
December 19, 200~ ~\
Eric Soroka, City ~~
Julie Aim, Principal
Date:
To:
Re:
Surplus conference room table
The elementary conference room table is broken beyond repair. Please accept
this request to surplus this item.
Thank you
RESOLUTION NO. 2008-_
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 lev Auerbach
Commissioner Teri Holzberg
Commissioner Billy Joel
Commissioner Michael Stern
Commissioner Luz Urbaez Weinberg
Vice Mayor Bob Diamond
Mayor Susan Gottlieb
Resolution No. 2008-
Page 2
PASSED AND ADOPTED this 5th day of February, 2008.
SUSAN GOTTLIEB, MAYOR
ATTEST:
TERESA M. SOROKA, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
/~r11ll ~
CITY ATTORNEY
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
FROM:
Eric M. Soroka, ICMA-CM, City
ger a-f}
TO:
City Commission
BY:
Antonio F. Tomei, Capital Projects
DATE: January 15, 2008
SUBJECT: Waterways Park Expansion
Miami Dade Water and Sewer Department Conveyance Documents
February 5, 2008 City Commission Meeting Agenda Item 5-C.
RECOMMENDATION
It is recommended that the City Commission adopt the attached Resolution authorizing
the City Manager to execute and record necessary Miami Dade Water and Sewer
Department (MDWASD) easements immediately following their instructions to the City
to do so in order to expedite conveyance.
BACKGROUND
MDWASD requires review of proposed easements inclusive of the water and sewer
improvements shown as constructed on the easement documentation to confirm correct
location of install per their standards. Providing the City Manager authority to execute
and record the easements at this time will avoid any delay between MDWASD approval
to the City allowing recordation and completion of conveyance, and the next City
Commission meeting. In addition, issuance of the certificate of occupancy by the City's
Building Department, allowing opening of Waterways Park, requires formal conveyance
of the water and sewer improvements on the Waterways Park site to MDWASD.
If you have any questions or need additional information, please feel free to contact me.
Attachments
RESOLUTION NO. 2008-
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF A VENTURA, FLORIDA, AUTHORIZING THE
CITY MANAGER TO EXECUTE AND RECORD ANY AND
ALL NECESSARY EASEMENTS AND OTHER
DOCUMENTS RELATED TO WATER AND SEWER
SERVICE AT W A TERW A YS PARK; PROVIDING FOR
EFFECTIVE DATE.
WHEREAS, the City Commission of the City of A ventura, Florida, finds that in order to
expedite the conveyance to the Miami-Dade Water and Sewer Department ("MDW ASD") of all
necessary easements related to the water and sewer lines to serve City's Waterways Park ,as
improved pursuant to the park expansion project, it is necessary that this Resolution be adopted
allowing the City Manager to execute and record the water and sewer easements and related
documents immediately following MDW ASD's instructions to the City to do so.
NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COMMISSION
OF THE CITY OF A VENTURA, FLORIDA, AS FOLLOWS:
Section 1.
Recital. That the above stated recital is hereby confirmed and adopted.
Section 2. City Manae:er Authoritv. That the City Manager is authorized to
execute and record on behalf of the City, necessary easements, in the standard form routinely
used for such purposes, and to execute or provide any other documents related to the County's
provision of water and sewer services at the Waterways Park, once approved as to form and legal
sufficiency by the City Attorney.
Section 3. Implementation. That the City Manager is authorized to take any
action which is necessary in order to implement the purposes of this Resolution and the
easements .
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:
Commissioner Zev Auerbach
Commissioner Teri Holzberg
Commissioner Billy Joel
Commissioner Michael Stem
Commissioner Luz Urbaez Weinberg
Vice Mayor Bob Diamond
Mayor Susan Gottlieb
, who
, and
Resolution No. 2008-_
Page 2
PASSED AND ADOPTED this 5th day of February, 2008.
SUSAN GOTTLIEB, MAYOR
ATTEST:
TERESA M. SOROKA, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
,
/~r11ll ~_
CITY ATTORNEY
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
FROM: Eric M. Soroka, ICMA-CM, City
~
TO: City Commission
DATE: January 17, 2008
SUBJECT: Resolution Approving Legislative Programs and Priorities for 2008
February 5, 2008 City Commission Meeting Agenda Item 5 -1
RECOMMENDATION
It is recommended that the City Commission approve the attached Resolution
approving the Legislative Programs and Priorities for 2008. This item was reviewed at
the January Workshop Meeting.
If you have any questions, please feel free to contact me.
EMS/act
Attachment
CC01610-08
CITY OF AVENTURA
LEGISLATIVE PROGRAM AND PRIORITIES
2008
Mayor Susan Gottlieb
Commissioner Zev Auerbach
Commissioner Bob Diamond
Commissioner Teri Holzberg
Commissioner Billy Joel
Commissioner Michael Stern
Commissioner Luz Urbaez Weinberg
City Manager Eric M. Soroka
City Clerk Teresa M. Soroka
City Attorney Weiss Serota Helfman Pastoriza Cole & Boniske, P.A.
CITY OF AVENTURA
LEGISLATIVE PROGRAMS AND PRIORITIES
2008
This document is intended to provide direction to the City Manager, City Attorney and
Legislative Lobbyist as to the official City position regarding issues and pending
legislation which would affect the operation of local government. This document further
provides priorities for the acquisition of supplemental funding (grants) for various
programs.
The City of Aventura will endorse and support legislation that will:
1. Provide a dedicated revenue source for Charter School capital improvements at
the same levels provided to the local school boards.
2. Provide property insurance rate relief for all homeowners and businesses.
3. Provide a dedicate revenue source to cities that are located within 1 mile of a
facility that houses legalized gambling to offset police and road impact costs to
the community.
4. Authorize detection devices at traffic signals of red light runners and the
issuance of citations.
5. Adopt the 2008 Policy Statement of the Florida League of Cities.
6. Revise the property tax system without having any adverse impacts on the City's
revenue amounts.
The City of Aventura will seek financial assistance and grants for the following
projects :
1. Funding for Stormwater drainage improvements.
RESOLUTION NO. 2008-_
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA ADOPTING THE CITY
OF AVENTURA 2008 LEGISLATIVE PROGRAM AND
PRIORITIES ATTACHED HERETO; AUTHORIZING THE
CITY MANAGER TO TAKE NECESSARY ACTION TO
CARRY OUT THE AIMS OF THIS RESOLUTION; AND
PROVIDING FOR AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City of Aventura 2008 Legislative Program and Priorities,
attached hereto, is hereby adopted.
Section 2. The City Manager is authorized to take all action necessary to
implement the purpose of this Resolution.
Section 3. This Resolution shall be effective immediately upon adoption
hereof.
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 Urbitez Weinberg
Vice Mayor Bob Diamond
Mayor Susan Gottlieb
Resolution No. 2008-
Page 2
PASSED AND ADOPTED this 5th day of February, 2008.
SUSAN GOTTLIEB, MAYOR
ATTEST:
TERESA M. SOROKA, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
,
/~11'r) ~
CITY ATTORNEY
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
BY: Antonio F. Tomei, Capital proje
TO: City Commission
FROM: Eric M. Soroka, ICMA-CM, Cit~
DATE: January 25, 2008
SUBJECT: Yacht Club Drive Milling and Resurfacing Improvements
Bid Number: 07-12-8-2, Change Order #2
February 5, 2008 City Commission Meeting Agenda Item 5 -f;:
Recommendation
It is recommended that the City Commission adopt the attached Resolution authorizing
change order no. 2 to Weekley Asphalt Paving, Inc. to perform road resurfacing work
applicable to the Yacht Club Way and NE 29th Place Road Resurfacing Capital
Improvement projects for the amount of $207,627.23.
Backaround
The City Commission awarded Bid No. 07-12-8-2 to Weekley Asphalt Paving, Inc. to
construct the Yacht Club Drive Milling & Resurfacing project in January, 2007. As a cost
saving measure, the City requested a proposal from Weekley Asphalt, Inc. to construct
the Yacht Club Way and NE 29th Place Road Resurfacing projects. Weekley Asphalt,
Inc. has submitted a proposal in the amount of $207,627.23 to perform the work as part
of their existing contract with the City applicable to the Yacht Club Drive Milling &
Resurfacing project. The budget amount to construct both the Yacht Club Way and NE
29th Place Milling and Resurfacing projects is $260,000 indicating a $52,373 savings.
Authorization of change order no. 2 to Weekley Asphalt, Inc. is recommended as it will
eliminate costs associated with bidding this work as well as avoiding the substantial
increase in costs of asphalt since the January 2007 bid award. In addition, crosswalk
construction at the Yacht Club Way and Turnberry Way intersection, not included in the
budget amount, is included in the proposal provided by Weekley Asphalt, Inc. The
improvements outlined in this change order are scheduled to be completed by May 5,
2008.
If you have any questions or need any additional information, please feel free to contact
me.
CITY OF AVENTURA
CHANGE ORDER FORM
CHANGE ORDER NO.2
CONTRACT NUMBER: 07-12-8-2
DATE: January 24,2008
PROJECT TITLE: Yacht Club Drive Milling & Resurfacing Improvements
PROJECT CONTRACTOR: Weekley Asphalt Paving, Inc.
COST: $207,627.23
BUDGET LINE ITEM: 120-5001-541-6305
DESCRIPTION OF CHANGES: Additional Milling & Resurfacing, Maintenance of Traffic, Crosswalks, Mobilization,
Signage & Markings of NE 29th PL & Yacht Club Way
Revised Contract Amount:
$ 253,357.00
$ 32,101.75
$ 207,627.23
$ 493,085.98
Original Contract:
Total Previous Change Orders:
This Change Order:
Total Change Orders to Date: 1
Contract Amount Before This Change: $285,458.75
Total Change in Contract Period:
228 Calendar Days
The sum of $207,627.23 is hereby added to the Contract price, and the total adjusted Contract price to date thereby is
$493,085.98. The time provided for completion of the Contract increases by two hundred twenty eight (228) days. This
document shall become an amendment to the Contract and all provisions of the Contract will apply thereto.
Recommended by
Recommended by
Consultant
~~tJo~'
Capital Projects Manager
Date
\ - '2.. ~- Og'
Date
Recommended for Budgetary Purposes:
Finance Support Services Director
Date
Approved by
City Manager
Date
Accepted by
Contractor
Date
WEEKLEY ASPHALT PAVING, INC.
WAP JOB # 07017
CONTRACT # 07-12-8-2-2
JOB DESCRPITION: CITY OF AVENTURA - YACHT CLUB DRIVE MILLING AND RESURFACING
COUNTY Dade
Contract
Item
Number Quantitv Unit Unitprice Description Amount
1 1.000 LS $ 6,030.00 GENERAL CONDITIONS $ 6,030.00
2 1.000 LS $ 19,620.00 MOBILIZATION $ 19,620.00
17 1.000 LS $ 10,000.00 TRAFFIC CONTROL; AND AVENTURA POLICE DEPT. $ 10,000.00
NORTHEAST 29TH PLACE - MILL AND RESURFACE
3 1.000 LS $ 8,327.00 MAINTENANCE OF TRAFFIC $ 8,327.00
4 4496.000 SY $ 4.25 MILL EXISTING ASPHALT (1" Minimum Thickness) $ 19,108.00
5 4496.000 SY $ 4.50 INSTALL 1" MINIMUM TYPE S-III ASPHALT $ 20,232.00
6 4.000 EA $ 2,610.00 REMOVE EXISTING AND INSTALL NEW HANDICAP $ 10,440.00
7 1.000 LS $ 16,549.50 PAVEMENT MARKINGS AND SIGNAGE $ 16,549.50
1.000 LS $ 8,900.00 AL T. BID TO PERFORM WORK AT NIGHT $ 8,900.00
TOTAL $ 83,556.50
YACHT CLUB WAY - MILL AND RESURFACE
3 1.000 LS $ 7,530.00 MAINTENANCE OF TRAFFIC $ 7,530.00
4 5771.000 SY $ 4.25 MILL EXISTING ASP HAL T (1" Minimum Thickness) $ 24,526.75
5 5771.000 SY $ 4.50 INSTALL 1" MINIMUM TYPE S-III ASPHALT $ 25,969.50
7 1.000 LS $ 11,891.70 PAVEMENT MARKINGS AND SIGNAGE $ 11,891.70
TOTAL $ 69,917.95
YACHT CLUB WAY CROSSWALKS AND HANDICAP RAMPS
3 1.000 LS $ 2,653.03 MAINTENANCE OF TRAFFIC $ 2,653.03
12.000 CY $ 38.00 REGULAR EXCAVATION $ 456.00
16.000 SY $ 102.00 ASPHALT BASE AND SURFACE $ 1,632.00
98.000 LF $ 7.80 REMOVE AND DISPOSE OF CONCRETE CURB AND $ 764.40
40.000 LF $ 32.60 TYPE "D" CURB AND GUTTER $ 1 ,304.00
23.000 SY $ 87.55 4" CONCRETE SIDEWALK $ 2,013.65
23.000 LF $ 18.50 RELOCATE EXISTING IRRIGATION $ 425.50
6 80.000 SF $ 47.80 ARMOR GUARD TACTILE (VANGUARD) $ 3,824.00
55.000 LF $ 32.60 TYPE F CURB $ 1,793.00
23.000 SY $ 18.40 REMOVE EXISTING CONCRETE SIDEWALK $ 423.20
7 1.000 LS $ 3,214.00 PAVEMENT MARKINGS AND SIGNAGE $ 3,214.00
TOTAL $ 18,502.78
GRAND TOTAL $ 207,627.23
RESOLUTION NO. 2008-_
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE
AND OTHERWISE ENTER INTO THE ATTACHED CHANGE ORDER FOR BID
NUMBER 07-12-8-2 FOR NE 29TH PLACE AND YACHT CLUB WAY MILLING AND
RESURFACING CONSTRUCTION BY AND BETWEEN THE CITY AND WEEKLEY
ASPHALT PAVING, INC.: AUTHORIZING THE CITY MANAGER TO CARRY OUT
THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, NE 29th Place and Yacht Club Way are included in the 2007/08 Road
Resurfacing Capital Improvement Program; and
WHEREAS, use of the same contractor for the Yacht Club Drive Road Resurfacing project
to perform construction of the Yacht Club Way and NE 29th Place Road Resurfacing projects will
reduce costs associated with bidding and will mitigate the substantial increases in asphalt costs in
the one (1) year time lapse between the original bid and present time; and
WHEREAS, the City of Aventura currently has Weekley Asphalt Paving, Inc. under contract
to perform improvements applicable to the Yacht Club Drive Road Resurfacing project; and
WHEREAS, a change order is necessary to provide for the road resurfacing improvements
to NE 29th Place and Yacht Club Way, and the work provided for under the enclosed Change Order
is exempt from further competitive bidding pursuant to City Code Section 2-253(6).
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, THAT:
Section 1:
That the above stated recitals are hereby adopted and confirmed.
Section 2: That the City Manager is hereby authorized to execute and otherwise enter
into attached Change Order NO.2 for Bid No. 07-12-8-2 Yacht Club Drive Road Resurfacing
Improvements by and between the City and Weekley Asphalt Paving, Inc. for road resurfacing
improvements to NE 29th Place and Yacht Club Way for the amount of $207,627.23.
Section 3: That the City Manager is hereby authorized to do all things necessary to
carry out the aims of this Resolution.
Section 4:
That this resolution shall become effective immediately upon its adoption.
The foregoing resolution was offered by Commissioner
adoption. The motion was seconded by Commissioner
the vote was as follows:
, who moved its
, and upon being put to a vote,
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. 2008-
Page 2
PASSED AND ADOPTED this 5th day of February, 2008.
SUSAN GOTTLIEB, MAYOR
ATTEST:
TERESA M. SOROKA, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
,
/'-1J' fr1'tJ ~
CITY ATTORNEY
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Commission
FROM: Eric M. Soroka, ICMA-CM, City
DATE: January 29, 2008
SUBJECT: Resolution Appointing Members to the Aventura Business Tax Equity
Study Advisory Board
February 5, 2008 City Commission Meeting Agenda Item .5 - r::
RECOMMENDATION
It is recommended that the City Commission adopt the attached Resolution appointing
members to the Aventura Business Tax Equity Study Advisory Board. This matter was
discussed at the January Workshop Meeting.
EMS/act
Attachment
CC01613-08
RESOLUTION NO. 2008-_
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, APPROVING THE
APPOINTMENT OF MEMBERS TO THE A VENTURA
BUSINESS TAX EQUITY STUDY ADVISORY BOARD;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Aventura City Code provides for the creation of the Aventura
Business Tax Equity Study Advisory Board; and
WHEREAS, in accordance with the provisions of Section 3.11 of the Aventura
City Charter, the City Commission wishes to provide for approval of the Mayor's
appointment of members to the Aventura Business Tax Equity Study Advisory Board.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City Commission hereby approves the appointment by the
Mayor of the following individuals to serve as members of the Aventura Business Tax
Equity Study Advisory Board:
Elaine Adler
Fernando Levi-Hara
Jeffrey Levinson
Alan Lipps
Thomas Oliveri
Alan Rosenthal
Robert E. Sheir
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 Urbflez Weinberg
Vice Mayor Bob Diamond
Mayor Susan Gottlieb
Resolution No. 2008_
Page 2
PASSED AND ADOPTED this 5th of February, 2008.
SUSAN GOTTLIEB, MAYOR
ATTEST:
TERESA M. SOROKA, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
/"--1/( 11tJ ~_
CITY ATTORNEY
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
FROM:
Eric M. Soroka, ICMA-CM, Cit
TO:
City Commission
DATE:
February 1, 2008
SUBJECT: AGREEMENT BETWEEN THE CITY OF AVENTURA AND AMERICAN
TRAFFIC SOLUTIONS FOR TRAFFIC SAFETY CAMERA PROGRAM
February 5, 2008 City Commission Meeting Agenda Item 5' - (J
RECOMMENDATION
It is recommended that the City Commission adopt the attached Resolution authorizing
the execution of the Agreement between The City of Aventura and American Traffic
Solutions for Traffic Safety Camera Program.
BACKGROUND
At the January 8, 2008 Commission Meeting, the City Commission adopted Resolution
No. 2008-02 which selected the firm American Traffic Solutions (A TS) to perform
services relating to the Traffic Safety Camera Program (TSCP) RFQ# 08-11-13-2. The
Agreement has been reviewed by the City Attorney, Police Chief and Finance Support
Services Director.
The following is the major points of the Agreement:
1. A TS agrees to comply with any provisions of the RFP which are not in conflict with
the Agreement, and to comply with and honor any written representations,
clarifications and exceptions made during the RFP process.
2. The term of the Agreement is for a period of five (5) years. The City shall have
the right, but not the obligation, to extend the term of this Agreement for up to
two (2) additional, five (5) year periods following the expiration of the initial term.
3. Termination for Cause: Either party shall have the right to terminate the
Agreement immediately if (i) state or federal statutes are amended, or
regulations or policies are adopted by agencies with jurisdiction, to prohibit or
materially change the operation of TSCP so as to make it reasonably impractical
to operate the red light enforcement program, including without limitation
changes that would prohibit the red light enforcement program, or which would
impose restrictions on revenues and uses that are contrary to the terms of the
Agreement; (ii) any court having jurisdiction over City rules, or declares, that the
City's red light enforcement program is invalid or results from the Vendor System
of photo red light enforcement are inadmissible in evidence, or otherwise renders
a decision that makes it reasonably impractical to operate the red light
enforcement program; (iii) a determination by a court of competent jurisdiction or
other applicable dispute resolution forum that Vendor has infringed upon a third
party's patent, trademark, copyright, trade secret or other intellectual property;
(iv) the other party commits any material breach of any of the provisions of this
Agreement; (v) Vendor's non-payment of revenues to City as required by this
Agreement. In the event of a termination due to this Section, City shall be
relieved of any further obligations to Vendor other than as specified herein.
Either party shall have the right to remedy the cause for termination within forty-
five (45) calendar days (or within such other time period as the City and Vendor
shall mutually agree, which agreement shall not be unreasonably withheld or
delayed) after written notice from the non-causing party setting forth in
reasonable detail the events of the cause for termination.
4. After the first three (3) years of this Agreement, City may provide for the early
termination of this Agreement for City's convenience in the event that the City
Commission determines to discontinue having a TSCP.
5. At the conclusion of the Warning Period, and once Notices of Infractions are
issued, Vendor shall be compensated from the $125 citation as follows:
Per Camera Paid Notices
1st Tier Fee: First 2 paid notices per day in a month, per camera (i.e. first
60 paid per month) $47.50
2nd Tier Fee: Next 2 paid notices per day in a month, per camera (i.e. 61-
149 paid per month) $27.50
3rd Tier Fee:
per month)
All other paid notices in a month, per camera (i.e. 150+ paid
$17.50
6. The contract provides for the implementation of cameras at no less than six (6)
intersections, at least three (3) of which shall be installed within forty five days
(45) days of receipt of permits.
The proposed six intersections are as follows:
Biscayne Blvd. & N.E. 178 Street
Biscayne Blvd. & N.E. 191 Street
Biscayne Blvd. & N.E. 199 Street
W. Country Club Drive & N.E. 199 Street
Miami Gardens Drive & Biscayne Blvd.
W. Country Club Drive & William Lehman
Causeway
Installation of any approach is subject to engineering and video analysis results.
If you have any questions, please feel free to contact me.
EMSI
Attachment
AGREEMENT BETWEEN THE CITY OF A VENTURA
AND_AMERICAN TRAFFIC SOLUTIONS FOR
TRAFFIC SAFETY CAMERA PROGRAM
This Agreement (this "Agreement") is made as of this _ day of February, 2008 by and
between American Traffic Solutions, LLC., a Delaware Corporation, licensed to do business in
Florida, with offices at 14861 N. Scottsdale Rd, Suite 109, Scottsdale, Arizona 85254
("Vendor"), and The City of A ventura, a Florida municipal corporation, with an address at 19200
W est Country Club Drive, A ventura, Florida (the "City").
RECIT ALS
WHEREAS, Vendor has exclusive knowledge, possession and ownership of certain equipment,
licenses, applications, and Notice of Infraction processes related to the digital photo red light
enforcement systems provided by Vendor pursuant to this Agreement; and
WHEREAS, the City Commission of the City adopted Ordinance 2007-15, which authorizes the
City's Traffic Safety Camera Program (TSCP) and provides for the implementation and
operation of such; and,
WHEREAS, the City issued RFQ # 08-11-13-2, to which Vendor responded, and City selected
Vendor to provide services to implement and carry on the City's TSCP, and City desires to
engage the services of Vendor to provide certain equipment, processes and back office services
so that Authorized Employees of the City are able to monitor, identify and enforce red light
running Infractions;
NOW THEREFORE, in consideration of the mutual covenants contained herein, and for other
valuable consideration received, the receipt and sufficiency of which are hereby acknowledged,
the parties agree as follows:
AGREEMENT
1.0 Definitions. All definitions set forth in Ordinance 2007-15 are incorporated herein. In
addition, the following words and phrases shall have the following meanings in this
Agreement:
1.1. "Authorized Employee" means the Traffic Control Infraction Review Officer, whose
duties and qualifications are set forth in the City Ordinance.
1.2. "Authorized Infraction" means each Potential Infraction in the Infraction Data for which
authorization to issue a Notice of Infraction in the form of an Electronic Signature is
given by the Authorized Employee by using the Vendor System.
1.3. "City Ordinance" means Ordinance 2007-15, as may be amended from time to time.
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1.4. "Civil Fee" means the fee assessed for violations of the City Ordinance, as set forth in the
Ordinance.
1.5. "Confidential or Private Information" means, with respect to any Person, any
information, matter or thing of a secret, confidential or private nature, whether or not so
labeled, which is connected with such Person's business or methods of operation or
concerning any of such Person's suppliers, licensors, licensees, City's or others with
whom such Person has a business relationship, and which has current or potential value
to such Person or the unauthorized disclosure of which could be detrimental to such
Person, including but not limited to:
1.5.1. Matters of a business nature, including but not limited to information relating
to development plans, costs, finances, marketing plans, data, procedures,
business opportunities, marketing methods, plans and strategies, the costs of
construction, installation, materials or components, the prices such Person
obtains or has obtained from its clients or City's, or at which such Person sells
or has sold its services; and
1.5.2. Matters of a technical nature, including but not limited to product information,
trade secrets, know-how, formulae, innovations, inventions, devices,
discoveries, techniques, formats, processes, methods, specifications, designs,
patterns, schematics, data, access or security codes, compilations of
information, test results and research and development projects. For purposes
of this Agreement, the term "trade secrets" shall mean the broadest and most
inclusive interpretation of trade secrets.
1.5.3. Notwithstanding the foregoing, Confidential Information will not include
information that: (i) is a public record, and not otherwise exempt, pursuant to
Florida law; (ii) was generally available to the public or otherwise part of the
public domain at the time of its disclosure, (iii) became generally available to
the public or otherwise part of the public domain after its disclosure and other
than through any act or omission by any party hereto in breach of this
Agreement, (iv) was subsequently lawfully disclosed to the disclosing party
by a person other than a party hereto, (v) was required by a court of competent
jurisdiction to be described, or (vi) was required by applicable state law to be
described.
1.6. "Designated Intersection " means the Intersections, as that term is defined in the City
Ordinance, set forth on Exhibit "A" attached hereto, and such additional Intersections, as
Vendor and the City shall mutually agree from time to time through the parties' Project
Managers.
1.7. "Electronic Signature" means the method through which the Authorized Employee
indicates his or her approval of the issuance of a Notice of Infraction in respect of a
potential Infraction using the Vendor System.
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1.8. "Enforcement Documentation" means the necessary and appropriate documentation
related to the enforcement of Red Zone Infractions, as defined in the City Ordinance,
including but not limited to warning letters, Notices of Infraction (using the specifications
of the hearing officer ( also known as code enforcement Special Master) and the City, a
numbering sequence for use on all notices (in accordance with applicable state statutes
and the City's Ordinance), instructions to accompany each issued Notice of Infraction
(including in such instructions a description of basic enforcement procedures, payment
options and information regarding the viewing of images and data collected by the
Vendor System), chain of custody records, criteria regarding operational policies for
processing Notices of Infraction (including with respect to coordinating with the
applicable vehicle registry), and technical support documentation for applicable hearing
officers.
1.9. "Equipment" means any and all cameras, sensors, equipment, components, products,
software and other tangible and intangible property relating to the Vendor Photo Red
Light System(s), including but not limited to all camera systems, housings, sensor arrays,
severs and poles.
1.10. "Governmental Authority" means any domestic or foreign government, governmental
authority, court, tribunal, agency or other regulatory, administrative or judicial agency,
commission or organization, and any subdivision, branch or department of any of the
foregoing.
1.11. "Infraction" means any Infraction of the City's Ordinance.
1.12. "Infractions Data" means the images and other Infractions data gathered by the Vendor
System at the Designated Intersection.
1.13. "Installation Date of the TSCP" means the date on which Vendor completes the
construction and installation of at least one (1) Intersection in accordance with the terms
of this Agreement so that such Intersection is operational for the purposes of functioning
with the TSCP.
1.14. "Intellectual Property" means, with respect to any Person, any and all now known or
hereafter known tangible and intangible (a) rights associated with works of authorship
throughout the world, including but not limited to copyrights, moral rights and mask-
works, (b) trademark and trade name rights and similar rights, (c) trade secrets rights, (d)
patents, designs, algorithms and other industrial property rights, (e) all other intellectual
and industrial property rights (of every kind and nature), whether arising by operation of
law, contract, license, or otherwise, and (f) all registrations, initial applications, renewals,
extensions, continuations, divisions or reissues hereof now or hereafter in force
(including any rights in any of the foregoing), of such Person, consistent with the
definition of such terms in Florida Statutes.
1.15. "N otice of Infraction" shall mean the Notice of an Infraction, which is mailed or
otherwise delivered by Vendor to the alleged violator on the appropriate Enforcement
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Documentation in respect of each Authorized Infraction pursuant to the requirements of
the City Ordinance.
1.16. "Operational Period" means the period of time during the Tenn, commencing on the
Installation Date, during which the TSCP is functional in order to penn it the
identification and the issuance of Notices ofInfraction for approved Infractions using the
Vendor System.
1.17. "Ordinance" shall mean City of A ventura Ordinance 2007-15, as may be amended from
time to time.
1.18. "Person" means a natural individual, company, Governmental Authority, partnership,
finn, corporation, legal entity or other business association.
1.19. "Proiect Manager" means the project manager appointed by the City in accordance with
this Agreement, which shall be the City Manager, or his designee and shall be
responsible, on behalf of City, for overseeing the installation at the Designated
Intersections and the implementation of the TSCP, and which manager shall have the
power and authority to make management decisions relating to the City's obligations
pursuant to this Agreement, including but not limited to change order authorizations,
subject to any limitations set forth in the City's Charter or Ordinance or by the City
Commission.
1.20. "Potential Infraction" means, with respect to any motor vehicle passing through a
Designated Intersection, the data collected by the Vendor System with respect to such
motor vehicle, which data shall be processed by the Vendor System for the purposes of
allowing the Authorized Employee to review such data and detennine whether a Red
Zone Infraction has occurred.
1.21. "Proprietary Property" means, with respect to any Person, any written or tangible
property owned or used by such Person in connection with such Person's business,
whether or not such property is copyrightable or also qualifies as Confidential
Infonnation, including without limitation products, samples, equipment, files, lists,
books, notebooks, records, documents, memoranda, reports, patterns, schematics,
compilations, designs, drawings, data, test results, contracts, agreements, literature,
correspondence, spread sheets, computer programs and software, computer print outs,
other written and graphic records and the like, whether originals, copies, duplicates or
summaries thereof, affecting or relating to the business of such Person, financial
statements, budgets, projections and invoices.
1.22. "Vendor Marks" means all trademarks registered in the name of Vendor or any of its
affiliates, such other trademarks as are used by Vendor or any of its affiliates on or in
relation to TSCP at any time during the Tenn this Agreement, service marks, trade names,
logos, brands and other marks owned by Vendor, and all modifications or adaptations of
any of the foregoing.
1.23. "Vendor Proiect Manager" means the project manager appointed by Vendor in
accordance with this Agreement, which project manager shall initially be named by the
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Vendor within 14 days of the execution of this Agreement or such person as Vendor shall
designate by providing written notice thereof to the City from time to time, who shall be
responsible for overseeing the construction and installation of the Designated
Intersections and the implementation the TSCP, and who shall have the power and
authority to make management decisions relating to Vendor's obligations pursuant to this
Agreement, including but not limited to change-order authorizations.
1.24. "Traffic Safety Camera Program" means, collectively, the TSCP provided by Vendor and
all of the other equipment, applications, back office processes and digital red light traffic
enforcement cameras, sensors, components, products, software and other tangible and
intangible property relating thereto.
1.25. "Traffic Safety Camera Program" means the process by which the monitoring,
identification and enforcement of Infractions of the Red Zone Infractions is facilitated by
the use of certain equipment, applications and back office processes of Vendor, including
but not limited to cameras, flashes, central processing units, signal controller interfaces
and sensor arrays which, collectively, are capable of identifying Infractions and recording
such Infraction data in the form of photographic images of motor vehicles.
1.26. "Photo Red Light Infraction Criteria" means the standards and criteria by which Potential
Infractions will be evaluated by Authorized Employees of the City, which standards and
criteria shall include, but are not limited to, the definition of a Red Zone Infraction set
forth in the City Ordinance, relying upon the duration of time that a traffic light must
remain red prior to a Infraction being deemed to have occurred, and the location(s) in an
intersection which a motor vehicle must pass during a red light signal prior to being
deemed to have committed a Infraction, all of which shall be in compliance with all
applicable laws, rules and regulations of Governmental Authorities.
1.27. "Traffic Signal Controller Boxes" means the signal controller interface and detector,
including but not limited to the radar or video loop, as the case may be.
1.28. "Warning Period" means the period of ninety (90) days after the Installation Date of the
first intersection approach, as set by the Ordinance.
2.0 Term. The term of this Agreement shall commence as of the date hereof and shall
continue for a period of five (5) years after the date of the first paid notice from the first
installed System (the "Initial Term"). The City shall have the right, but not the
obligation, to extend the term of this Agreement for up to two (2) additional, five (5) year
periods following the expiration of the Initial Term (each, a "Renewal Term" and
collectively with the Initial Term, the "Term"). The City may exercise the right to extend
the term of this Agreement for a Renewal Term by providing written notice to Vendor
not less than sixty (60) days prior to the last day of the Initial Term or the Renewal Term,
as the case may be.
3.0 Services. Vendor shall provide the TSCP to the City, in each case in accordance with the
terms and provisions of the Ordinance.
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3.1. Installation. With respect to the construction and installation of the Designated
Intersection and the installation of the Vendor System at such Designated Intersection: the
City and Vendor shall have the respective rights and obligations set forth on Exhibit "B"
attached hereto.
3.2. Maintenance. With respect to the maintenance of the Vendor System at the
Designated Intersections, the City and Vendor shall have the respective rights and
obligations set forth on Exhibit "C "attached hereto.
3.3. Infraction Processing. During the Operational Period, Infractions shall be processed
as set forth on Exhibit" D", attached hereto.
3.4. Prosecution. The City shall prosecute Ordinance violations in respect thereof
pursuant to the terms, procedures and requirements of the City Ordinance, subject to
City's routine law enforcement discretion.
3.5. Other Rights and Obligations. During the Term, in addition to all of the other rights and
obligations set forth in this Agreement, Vendor and the City shall have the respective
rights and obligations set forth on Exhibit "E" attached hereto.
3.6. Change Orders. The City may from time to time request changes to the work required to
be performed or the addition of products or services to those required pursuant to the
terms of this Agreement by providing written notice thereof to Vendor, setting forth in
reasonable detail the proposed changes (a "Change Order Notice"). Upon Vendor's
receipt of a Change Order Notice, Vendor shall deliver a written statement describing the
effect, if any, the proposed changes would have on the terms set forth in Exhibit " E "
(the "Change Order Proposal"), which Change Order Proposal shall include (i) a detailed
breakdown of the charge and schedule effects, (ii) a description of any resulting changes
to the specifications and obligations of the parties, (iii) a schedule for the delivery and
other performance obligations, and (iv) any other information relating to the proposed
changes reasonably requested by the City. Following the City's receipt of the Change
Order Proposal, the parties shall negotiate in good faith and agree to a plan and schedule
for implementation of the proposed changes, the time, manner and amount of payment or
price increases or decreases, as the case may be, and any other matters relating to the
proposed changes. Any failure of the parties to reach agreement with respect to any of
the foregoing as a result of any proposed changes shall not be deemed to be a breach of
this Agreement, and any disagreement shall be resolved in accordance with Section 16.0.
4.0 License~ Reservation of Rights.
4.1. License. Subject to the terms and conditions of this Agreement, Vendor hereby
grants the City, and the City hereby accepts from Vendor upon the terms and conditions
herein specified, a non-exclusive, non-transferable license during the Term of this
Agreement to: (a) solely within the City, access and use the Vendor System for the sole
purpose of reviewing Potential Infractions and authorizing the issuance of Notices of
Infraction pursuant to the terms of this Agreement, and to print copies of any content
posted on the Vendor System in connection therewith, (b) disclose to the public
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(including outside of the City) that Vendor is providing services to the City in connection
with TSCP pursuant to the terms of this Agreement, and ( c) use and display the Vendor
Marks on or in marketing, public awareness or education, or other publications or
materials relating to the TSCP, so long as any and all such publications or materials are
approved in advance by Vendor.
4.2. Reservation of Rights. The City hereby acknowledges and agrees that: (a) Vendor is
the sole and exclusive owner of the Vendor System, the Vendor Marks, all Intellectual
Property arising from or relating to the Vendor System, and any and all related
Equipment provided under this Agreement, (b) the City neither has nor makes any claim
to any right, title or interest in any of the foregoing, except as specifically granted or
authorized under this Agreement, and (c) by reason of the exercise of any such rights or
interests of City pursuant to this Agreement, the City shall gain no additional right, title
or interest therein.
4.3. Restricted Use. The City hereby covenants and agrees that it shall not (a) make any
modifications to the Vendor System, including but not limited to any Equipment, (b) alter,
remove or tamper with any Vendor Marks, (c) use any of the Vendor Marks in any way
which might prejudice their distinctiveness, validity or the goodwill of Vendor therein,
(d) use any trademarks or other marks other than the Vendor Marks in connection with
the City's use of the Vendor System pursuant to the terms of this Agreement without first
obtaining the prior consent of Vendor, or (e) disassemble, de-compile or otherwise
perform any type of reverse engineering to the Vendor System, the Vendor System,
including but not limited to any Equipment, or to any, Intellectual Property or Proprietary
Property of Vendor, or cause any other Person to do any of the foregoing.
4.4. Protection of Rights. Vendor shall have the right to take whatever action it deems
necessary or desirable to remedy or prevent the infringement of any Intellectual Property
of Vendor, including without limitation the filing of applications to register as trademarks
in any jurisdiction any of the Vendor Marks, the filing of patent application for any of the
Intellectual Property of Vendor, and making any other applications or filings with
appropriate Governmental Authorities. The City shall not take any action to remedy or
prevent such protective activities, and shall not in its own name make any registrations
or filings with respect to any of the Vendor Marks or the Intellectual Property of Vendor
without the prior written consent of Vendor.
4.5. Infringement. The City shall use its reasonable best efforts to give Vendor prompt
notice of any activities or threatened activities of any Person of which it becomes aware
that infringes or violates the Vendor Marks or any of Vendor's Intellectual Property or
that constitute a misappropriation of trade secrets or act of unfair competition that might
dilute, damage or destroy any of the Vendor Marks or any other Intellectual Property of
Vendor. Vendor shall have the exclusive right, but not the obligation, to take action to
enforce such rights and to make settlements with respect thereto.
4.6. Infringing Use. The City shall give Vendor prompt written notice of any action or
claim action or claim, whether threatened or pending, against the City alleging that the
Vendor Marks, or any other Intellectual Property of Vendor, infringes or violates any
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patent, trademark, copyright, trade secret or other Intellectual Property of any other
Person, and the City shall render to Vendor such reasonable cooperation and assistance as
is reasonably requested by Vendor in the defense thereof; provided, that Vendor shall
reimburse the City for any reasonable costs, including without limitation attorneys fees
and court costs, as well as City staff costs, incurred in providing such cooperation and
assistance. If such a claim is made and Vendor determines in the exercise of its sole
discretion, or a court or administrative proceeding of competent jurisdiction determines,
that an infringement may exist, Vendor shall have the right, but not the obligation, to
procure for the City the right to keep using the allegedly infringing items, modify them to
avoid the alleged infringement or replace them with non-infringing items, all at no cost to
the City. In addition, in such event, the City has the right, but not the obligation, to
terminate this Agreement pursuant to paragraph 6.1.
5.0 Representations and Warranties.
5.I.Vendor Representations and Warranties.
5.1.1. Authority. Vendor hereby warrants and represents that:
5.1.1.1. it has all right, power and authority to execute and deliver this
Agreement and perform its obligations hereunder; and,
5.1.1.2. to the extent legally required, Vendor has all ownership rights,
licenses, or other required authority to use the software and hardware
it installs to perform the services under this Agreement.
5.1.2.
Professional Services. Vendor hereby warrants and represents that any
and all services provided by Vendor pursuant to this Agreement shall be
performed in a professional and workmanlike manner and, with respect to
the installation of the Vendor System, subject to applicable law, in
compliance with all specifications provided to Vendor by the City.
5.2. City Representations and Warranties.
5.2.1.
Authority. The City hereby warrants and represents that it has all right,
power and authority to execute and deliver this Agreement and perform its
obligations hereunder; provided that Vendor acknowledges that the initial
program is premised on being consistent with the requirements and
authority of state law, applicable attorney general opinions, and the City's
Ordinance, and City cannot and does not warrant the outcome of any
judicial or legislative action that may be taken affecting these authorities
subsequent to the execution of this Agreement.
5.3. Professional Services. The City hereby warrants and represents that any and all
services provided by the City pursuant to this Agreement shall be performed in a
professional and workmanlike manner in City's governmental capacity .
6.0 Termination.
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6.1. Termination for Cause: Either party shall have the right to terminate this Agreement
immediately by written notice to the other if (i) state or federal statutes are amended,
or regulations or policies are adopted by agencies with jurisdiction, to prohibit or
materially change the operation of TSCP so as to make it reasonably impractical to
operate the red light enforcement program, including without limitation changes that
would prohibit the red light enforcement program, or which would impose
restrictions on revenues and uses that are contrary to the terms of this Agreement; (ii)
any court having jurisdiction over City rules, or declares, that the City's red light
enforcement program is invalid or results from the Vendor System of photo red light
enforcement are inadmissible in evidence, or otherwise renders a decision that makes
it reasonably impractical to operate the red light enforcement program; (iii) a
determination by a court of competent jurisdiction or other applicable dispute
resolution forum that Vendor has infringed upon a third party's patent, trademark,
copyright, trade secret or other intellectual property; (iv) the other party commits any
material breach of any of the provisions of this Agreement; (v) Vendor's non-
payment of revenues to City as required by this Agreement. In the event of a
termination due to this Section, City shall be relieved of any further obligations to
Vendor other than as specified herein. Either party shall have the right to remedy the
cause for termination within forty-five (45) calendar days (or within such other time
period as the City and Vendor shall mutually agree, which agreement shall not be
unreasonably withheld or delayed) after written notice from the non-causing party
setting forth in reasonable detail the events of the cause for termination.
The rights to terminate this Agreement given in Section 6.1 shall be without prejudice to
any other right or remedy of either party in respect of the breach concerned (if any) or
any other breach of this Agreement.
6.2 Warning Period. The Ordinance provides for a one time ninety (90) day Warning Period,
during which time courtesy notices of infractions, with no civil fees, are used. The
parties hereto acknowledge that this Warning Period will be used to verify the reliability
of the program and the detection of infractions, as well as to monitor anticipated changes
in state law on the subject of camera enforcement of red light infractions. The Warning
Period shall commence on the date the initial camera and the Infraction Processing
procedures become operational, with the exact date to be confirmed in writing by the
parties' Project Managers. At any time up to the conclusion of the initial Warning Period,
the City, through a motion adopted by the City Commission, may terminate the TSCP, for
any or no cause. The City shall not be liable for any costs or expenses incurred by
Vendor during this Warning Period. If the City Commission determines to terminate the
program pursuant to this paragraph, this Agreement shall be deemed terminated and the
parties shall proceed pursuant to Section 6.3 below. In addition to the City's right to
terminate during the Warning Period, for a period of 90 calendar days after the expiration
of the Warning Period, either party shall have the right to terminate the Agreement.
6.3 Procedures Upon Termination. This section 6.3 shall apply to the expiration of this
Agreement and to the early termination of the Agreement. The termination of this
Agreement shall not relieve either party of any liability that accrued prior to such
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termination. Except as set forth in this Section 6.3, upon the termination of this
Agreement, all of the provisions of this Agreement shall terminate and:
6.3.1 Vendor shall (i) immediately cease to provide services, including but not limited to work
in connection with the construction or installation activities and services in connection
with the TSCP, (ii) promptly deliver to the City any and all Proprietary Property of the
City provided to Vendor pursuant to this Agreement, (iii) promptly deliver to the City a
final report to the City regarding the collection of data and the issuance of Notices of
Infraction in such format and for such periods as the City may reasonably request, and
which final report Vendor shall update or supplement from time to time when and if
additional data or information becomes available, (iv) provide City all data pertaining to
outstanding Civil Fee payments due and owing to City and potential payments due to
Vendor, (v) provide City with its proposed schedule for the removal of the Vendor's
equipment, at no cost to the City, from the City and once such schedule is approved by
City Vendor shall remove such pursuant to the schedule; and (vi) provide such assistance
as the City may reasonably request from time to time in connection with prosecuting and
enforcing Notices of Infraction issued prior to the termination of this Agreement.
6.3.2 The City shall (i), except for pending enforcement cases, immediately cease using the
TSCP, accessing the Vendor System and using any other Intellectual Property of Vendor,
and (ii) promptly deliver to Vendor any and all Proprietary Property of Vendor provided
to the City pursuant to this Agreement, other than such equipment installed by Vendor
along the roadways for the enforcement program.
6.3.3 Unless the City and Vendor have agreed to enter into a new agreement relating to the
TSCP or have agreed to extend the Term of this Agreement, Vendor shall remove any
and all Equipment or other materials of Vendor installed in connection with Vendor's
performance of its obligations under this Agreement, at no cost to City, including but not
limited to housings, poles and camera systems, and Vendor shall restore the Designated
Intersections to substantially the same condition such Designated Intersections were in
immediately prior to this Agreement, except for foundation removal, which shall be left
flush with grade and no exposed rebar, steel or other hazards, at no cost to City pursuant
to the schedule agreed upon by the parties in section 6.3.1.
6.3.4 After the first three (3) years of this Agreement, City may provide for the early
termination of this Agreement for City's convenience in the event that the City
Commission determines to discontinue having a TSCP. In such event, the remaining
provisions of section 6.3 shall apply. City shall have no further liability for any such
early termination. The parties recognize that other provisions of this Agreement serve as
consideration for this provision.
7.0 Fees to be Paid to Vendor and Payment Processing.
7.1. Vendor shall have the right to receive the compensation set forth on, and pursuant to,
Exhibit F attached hereto.
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7.2. Vendor shall be responsible for processing payments of the Civil Fees. The Vendor
shall provide payment means through mail, telephone and on-line processes. Vendor
shall track all payments and handle all applied payments, unapplied payments,
overpayments, refunds, adjustments, dismissals and reversals.
7.3. Vendor shall pay City all payments received during a calendar month, no later than
the ih day of the next following month.
7 .4. Vendor shall invoice the City for all applicable fees according to the fee schedule
delineated on Exhibit "F". Along with the invoice, Vendor shall provide
information to the City, in a format acceptable to the City, supporting the invoice
amounts forwarded by Vendor to the City. In addition, City shall have access to the
financial reporting functions of Vendor's system upon City's request.
8.0 Survival. Notwithstanding the foregoing, the parties' obligations shall survive the
termination of the Agreement to the extent necessary to fulfill the parties' accrued
monetary obligations under this Agreement.
9.0 Confidentiality. During the term of this Agreement and for a period of three (3) years
thereafter, neither party shall disclose to any third person, or use for itself in any way for
pecuniary gain, any Confidential Information learned from the other party during the
course of the negotiations for this Agreement or during the Term of this Agreement,
subject to the obligations and requirements of Florida's public records laws and public
meetings law. Upon termination of this Agreement, each party shall return to the other
all tangible Confidential Information of such party. Each party shall retain in confidence
and not disclose to any third party any Confidential Information without the other party's
express written consent, except (a) to its employees who are reasonably required to have
the Confidential Information, (b) to its agents, representatives, attorneys and other
professional advisors that have a need to know such Confidential Information, provided
that such parties undertake in writing (or are otherwise bound by rules of professional
conduct) to keep such information strictly confidential, and (c) pursuant to, and to the
extent of, a request or order by any Governmental Authority, including laws relating to
public records.
10.0 Indemnification and Liability.
10.1. Indemnification - Negligence. The Vendor agrees to defend, indemnify
and hold harmless the City, its trustees, elected and appointed officers, agents,
servants and employees, from and against any and all claims, demands, or causes of
action of whatsoever kind or nature, and the resulting losses, costs, expenses,
reasonable attorneys' fees, liabilities, damages, orders, judgments, or decrees
("Losses"), sustained by the City or any third party arising out of, or by reason of, or
resulting from the Vendor's negligent acts, errors, or omissions, except to the extent
such Losses arise from the negligence of the City or City's employees, officers or
agents. In the event that a court of competent jurisdiction determines that the
provisions of Sec. 725.06, F.S., and I or Sec. 725.08 , F.S., apply to this Agreement,
then , in such event, Vendor shall defend, indemnify and hold harmless City and
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City's officers, employees and agents only to the fullest extent authorized by said
cited statutes .
10.2. Indemnification - Infringements. The Vendor shall indemnify City for all loss,
damage, expense or liability including, without limitation, court costs and attorneys'
fees that may result by reason of any infringement or claim of infringement of any
patent, trademark, copyright, trade secret or other proprietary right relating to
services furnished pursuant to this Agreement. The Vendor will defend and/or settle
at its own expense, with legal counsel reasonably acceptable to the City, any action
brought against the City to the extent that it is based on a claim that products or
services furnished to City by the Vendor pursuant to this Agreement, or if any
portion of the services or goods related to the performance of the service becomes
unusable as a result of any such infringement or claim. Any infringement or claim
that renders any portion of the services to be performed by this agreement to be
unusable, or materially affects the Vendor's Red Light System as functionally
described herein, shall be grounds for a default ofthis Agreement.
10.3. The parties recognize that various provisions of this Agreement, including but not
necessarily limited to this Section, provide for indemnification to be provided by the
Vendor and agree that in the event that the law is construed to require a specific
consideration to be given therefore, the parties therefore agree that the sum of Ten
Dollars and 001100 ($10.00), receipt of which is hereby acknowledged, is the specific
consideration for such indemnities, and the providing of such indemnities is deemed to
be part of the specifications with respect to the services to be provided by Vendor.
Furthermore, the parties understand and agree that the covenants and representations
relating to this indemnification provision shall survive the term of this Agreement and
continue in full force and effect as to the Vendor's responsibility to indemnify for
events occurring during the term of this Agreement for a period of not less than five (5)
years after expiration or termination of the Agreement.
10.4. Legal Challenges. The parties recognize and acknowledge that the TSCP
contemplated herein may be subject to legal challenge and/or judicial review as a
new or innovative program. It is understood and acknowledged that various aspects
of the program may be challenged. In the event of a legal challenge to the Program,
City and Vendor shall share in the cost of the defense on a pro-rata basis.
10.5. In the event that a court of competent jurisdiction or the State of Florida,
including any of its agencies, orders or requires the City to return any payments
made for infractions of the City Ordinance , Vendor shall, at no additional charge,
assist City to perform all relevant portions of any such order, decree, judgment, etc.,
required to be performed by the City including, but not limited to, assisting the City
to locate each violator so that any ordered reimbursement may be made. Prior to
the close of the "Warning Period" established in Section 6.2, Vendor shall provide
to the City with adequate security in an acceptable form to the City which is
intended to protect City from liability, if any, under this paragraph 10.5. Such
security may be in the form of lien on Vendor's equipment or other form of security
to be determined by agreement of the parties.
Page 12 of31
10.6. Change in State Law. The parties recognize and acknowledge that it has been
reported that the Florida Legislature is considering various revisions to State
Uniform Traffic Laws which, if enacted, would expressly authorize municipalities to
issue traffic infractions through the use of Red Light Cameras without the necessity
of using the code enforcement system. Should the Florida Legislature enact any law
modifying the Uniform Traffic Laws so as to expressly permit the TSCP , sections
10.4 and 10.5 shall automatically become void .
10.7. Notice of Claims. If the City or Vendor receives notice of any claim or
circumstances which may give rise to an indemnified loss under this Section 10, the
receiving party shall give written notice to the other party within ten (10) days of
receipt. The notice must include the following:
(a) a description of the indemnification event in reasonable detail,
(b) the basis on which indemnification may be due, and
(c) the anticipated amount of the indemnified loss.
This notice does not estop or prevent the City from later asserting a different basis
for indemnification or a different amount of indemnified loss than that indicated in
the initial notice. If the City does not provide this notice within the ten (10) day
period, it does not waive any right to indemnification except to the extent that
Vendor is directly prejudiced, suffers loss, or incurs expense because of the delay.
10.8. Review of Indemnification Provisions. At the conclusion of the Warning Period,
and the 2008 session of the Florida Legislature, the City and Vendor will review the
indemnification provisions in this Section 10.
11.0 Independent Contractor. This Agreement does not create an employee/employer
relationship between the parties. It is the intent of the parties that the Vendor is an
independent contractor under this Agreement and not the City's employee for all
purposes, including but not limited to, the application of the Fair Labor Standards Act
minimum wage and overtime payments, Federal Insurance Contribution Act, the Social
Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue
Code, the State Workers Compensation Act, and the State unemployment insurance law.
The Vendor shall retain sole and absolute discretion in the judgment of the manner and
means of carrying out Vendor's activities and responsibilities hereunder provided, further
that administrative procedures applicable to services rendered under this Agreement shall
be those of Vendor, which policies of Vendor shall not conflict with City, or United
States policies, rules or regulations relating to the use of Vendor's funds provided for
herein. The Vendor agrees that it is a separate and independent enterprise from the City,
that it has full opportunity to find other business, that it has made its own investment in
its business, and that it will utilize a high level of skill necessary to perform the work.
This Agreement shall not be construed as creating any joint employment relationship
between the Vendor and the City and the City will not be liable for any obligation
Page 13 of31
incurred by Vendor, including but not limited to unpaid minimum wages and/or overtime
premmms.
12.0 Assignments; Amendments. This Agreement, or any interest herein, shall not be assigned,
transferred or otherwise encumbered, under any circumstances, by either party, including
without limitations purchases of controlling interest in Vendor or merger, without the prior
written consent of the other party.
It is further agreed that no modification, amendment or alteration in the terms or conditions
contained herein shall be effective unless contained in a written document executed with the
same formality and of equal dignity herewith.
13.0 No Contingent Fees. Vendor warrants that it has not employed or retained any company or
person, other than a bona fide employee working solely for the Vendor to solicit or secure
this Agreement, and that it has not paid or agreed to pay any person, company, corporation,
individual or firm, other than a bona fide employee working solely for Vendor any fee,
commission, percentage, gift, or other consideration contingent upon or resulting from the
award or making of this Agreement. For the breach or Infraction of this provision, the City
shall have the right to terminate the Agreement without liability at its discretion, to deduct
from the contract price, or otherwise recover the full amount of such fee, commission,
percentage, gift or consideration.
14.0 Notices. Whenever any party desires to give notice unto any other party, it must be given
by written notice, sent by certified United States mail, with return receipt requested,
addressed to the party for whom it is intended, at the places last specified, and the places for
giving of notice shall remain such until they shall have been changed by written notice in
compliance with the provisions of this section. For the present, the VENDOR and the CITY
designate the following as the respective places for giving of notice:
City:
Eric M. Soroka, City Manager
City of A ventura
19200 West Country Club Drive
A ventura, Florida 33180
Phone: (305) 466-8910
Fax: (305) 466-8919
Copies To:
David M. W olpin, City Attorney
Weiss, Serota, Helfinan, Pastoriza, Cole & Boniske, P.L.
200 East Broward Boulevard, Suite 1900
Ft. Lauderdale , Florida 33301
Phone: (954) 763-4242
Fax: (954) 764-7770
And
Steven Steinberg, Police Chief
City of A ventura
Page 14 of31
19200 West Country Club Drive
A ventura, Florida 33180
Phone: (305) 466-8066
Fax: (305) 466-8991
Vendor:
American Traffic Solutions, LLC.
14861 N. Scottsdale Road, Suite 109
Scottsdale, AZ 85253
Attention: Chief Operating Officer
And
Alexander P. Heckler, Esq.
Shutts and Bowen LLP
200 East Broward Boulevard #2100
Fort Lauderdale, Florida 33301
15.0 Audit Rights. Each of parties hereto shall have the right to audit the books and records of
the other party hereto (the "Audited Party") solely for the purpose of verifying the
payments, if any, payable pursuant to this Agreement. Any such audit shall be conducted
upon not less than forty-eight (48) hours' prior notice to the Audited Party, at mutually
convenient times and during the Audited Party's normal business hours. Except as
otherwise provided in this Agreement, the cost of any such audit shall be borne by the
non-Audited Party. In the event any such audit establishes any underpayment of any
payment payable by the Audited Party to the non-Audited Party pursuant to this
Agreement, the Audited Party shall promptly pay the amount of the shortfall, and in the
event that any such audit establishes that the Audited Party has underpaid any payment
by more than ten percent (10%) of the amount actually owing, the cost of such audit shall
be borne by the Audited Party. In the event any such audit establishes any overpayment
by the Audited Party of any payment made pursuant to this Agreement, non-Audited
Party shall promptly refund to the Audited Party the amount of the excess.
16.0 Dispute Resolution. Upon the occurrence of any dispute or disagreement between the
parties hereto arising out of or in connection with any term or provision of this
Agreement, the subject matter hereof, or the interpretation or enforcement hereof (the
"Dispute"), the parties shall engage in informal, good faith discussions and attempt to
resolve the Dispute. In connection therewith, upon written notice of either party, each of
the parties will appoint a designated officer whose task it shall be to meet for the purpose
of attempting to resolve such Dispute. The designated officers shall meet as often as the
parties shall deem to be reasonably necessary. Such officers will discuss the Dispute. If
the parties are unable to resolve the Dispute in accordance with this Section 16.0, and in
the event that either of the parties concludes in good faith that amicable resolution
through continued negotiation with respect to the Dispute is not reasonably likely, then
the parties may mutually agree to submit to binding or nonbinding arbitration or
mediation.
Page 15 of31
17.0 Binding Authority. Each person signing this Agreement on behalf of either party
individually warrants that he or she has full legal power to execute this Agreement on behalf
of the party for whom he or she is signing, and to bind and obligate such party with respect
to all provisions contained in this Agreement.
18.0 Headings. Headings herein are for the convenience of reference only and shall not be
considered on any interpretation of this Agreement.
19.0 Exhibits. Each Exhibit referred to in this Agreement forms an essential part of this
Agreement. The exhibits shall be treated as part of this Agreement and are incorporated
herein by reference.
20.0 Waiver. Failure of either party to insist upon strict performance of any covenant or
condition of this Agreement, or to execute any right herein contained, shall not be
construed as a waiver or relinquishment for the future of any such covenant, condition or
right, but the same shall remain in full force and effect.
21.0 Legal Representation. It is acknowledged that each party to this Agreement had the
opportunity to be represented by counsel in the preparation of this Agreement and,
accordingly, the rule that a contract shall be interpreted strictly against the party preparing
same shall not apply herein due to the joint contributions of both parties.
22.0 Severability. If any provision of this Agreement or application thereof to any person or
situation shall to any extent, be held invalid or unenforceable, the remainder of this
Agreement, and the application of such provisions to persons or situations other than
those as to which it shall have been held invalid or unenforceable shall not be affected
thereby, and shall continue in full force and effect, and be enforced to the fullest extent
permitted by law, except that this provision shall not be deemed to deprive any party of
any legal remedy, including termination.
23.0 Insurance.
23.1. Throughout the term of this Agreement, the Vendor agrees to maintain in force at
their own expense insurance as follows:
23.1.1.
Comprehensive General Liability insurance to cover liability for
bodily injury and property damage. Exposures to be covered are premises,
operations, products\completed operations, and contractual liability .
Coverage must be written on an occurrence basis, with the following
limits of liability
A. Bodily Injury/Property Damage
1. Each Occurrence
B.
2. Annual Aggregate
Personal Injury
$1,000,000
$1,000,000
Page 16 of 31
23.1.2.
23.1.4.
23.1.5.
23.1.6.
1.
Annual Aggregate
$1,000,000
Worker's Compensation Insurance shall be maintained during the life
of this contract to comply with Florida statutory limits for all employees.
The following limits must be maintained:
A.
B.
Worker's Compensation
Employer's Liability
Statutory
$100,000 each accident
$500,000 Disease-policy limit
$100,000 Disease-employee
If Vendor claims to be exempt from this requirement, Vendor shall
provide City proof of such exemption along with a written request for City
to exempt Vendor, written on Vendor letterhead.
23.1.3. Comprehensive Auto Liability - coverage shall include owned, hired
and non-owned vehicles.
A. Bodily Injury and Property Damage combined single limit
1.
2.
Each Occurrence
$1,000,000
$1,000,000
Annual Aggregate
Professional Liability - $1,000,000.
Vendor shall name the City as an additional insured on each of the
policies required herein, with the exception of the Vendor's Worker's
Compensation policy and Professional Liability.
Certificates of Insurance, reflecting evidence of the required insurance,
shall be filed with the City's Risk Manager prior to the commencement of
this Agreement. These Certificates shall contain a provision that
coverage's afforded under these policies will not be canceled or impaired
until at least forty five (45) days prior written notice has been given to the
City. Policies shall be issued by companies authorized to do business
under the laws of the State of Florida. Financial Ratings must not be less
than "A-VI." Insurance shall be in force until the obligations required to
be fulfilled under the terms of the Contract are satisfied. In the event the
insurance certificate provided indicates that the insurance shall terminate
and lapse during the period of this contract, then in that event, the Vendor
shall furnish, at least thirty (30) days prior to the expiration of the date of
such insurance, a renewed certificate of insurance as proof that equal and
like coverage for the balance of the period of the contract and extension
thereunder is in effect.
Page 17 of31
23.1. 7.
Any insurance required of Vendor pursuant to this Agreement must
also be required by any sub-contractor of Vendor in the same limits and
with all requirements as provided herein, including naming the City as an
additional insured, if any work is subcontracted unless such subcontractor
is covered by the protection afforded by the Vendor and provided proof of
such coverage is provided to City. The Vendor and any sub-contractor of
Vendor shall maintain such policies during the term of this Agreement.
24.0 Governing Law. This Agreement shall be governed by the laws of the State of Florida with
venue lying in Miami-Dade County, Florida.
25.0 Extent of Agreement. This Agreement represents the entire and integrated agreement
between the City and the Vendor and supersedes all prior negotiations, representations or
agreements, either written or oral.
26.0 Waiver of Jury Trial. In the event of any litigation between the parties which in any way
arises out of this Agreement, the parties hereby agree to waive any right to trial by jury.
27.0 RFP. Vendor agrees to comply with any provisions of the RFP which are not in conflict
with this Agreement, and to comply with and honor any written representations,
clarifications and exceptions made by Vendor during the RFP process.
28.0 Compliance with Law. Vendor shall comply with all applicable laws in the performance of
its services hereunder, and represents that it possesses all required licenses and certifications
to perform the services.
IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year
first written above.
CITY OF A VENTURA
ATTEST:
BY:
TERESA M. SOROKA, CITY CLERK
ERIC M. SOROKA, CITY MANAGER
APPROVED AS TO FORM:
CITY ATTORNEY
Page 18 of 31
VENDOR
WITNESSES:
BY:
Print Name:
Title:
ATTEST:
SECRETARY
STATE OF
: ss:
COUNTY OF
ON THIS _ day of , 2008, before me, the undersigned notary
public, personally appeared , personally known to me, or
who has produced as identification, and is the person
who subscribed to the foregoing instrument and who acknowledged that he executed the same on
behalf of said Corporation and that he was duly authorized to do so.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
NOTARY PUBLIC
Print or Type Name
My Commission Expires:
Page 19 of31
EXHIBIT "A"
Designated Intersection
The contract provides for the implementation of cameras at no less than six (6) intersections, at
least three (3) of which shall be installed within forty five days (45) days of receipt of permits for
each agreed upon approach.
The proposed six intersections are as follows:
Biscayne Blvd. & N .E. 178 Street
Biscayne Blvd. & N.E. 191 Street
Biscayne Blvd. & N.E. 199 Street
W. Country Club Drive & N.E. 199 Street
Miami Gardens Drive & Biscayne Blvd.
W. Country Club Drive & William Lehman
Causeway
Installation of any approach is subject to engineering and video analysis results.
Additional approaches will be selected based on collision history, input and recommendations
from the City's Police Department, and an engineering feasibility assessment. Vendor shall
apply for a permit within sixty (60) days of the approval of this Agreement by the City
Commission.
Vendor will provide the City with video evaluation of candidate sites using the Axsis VIMS
system to assist the City's Police Department in its recommendations.
The program may be implemented at additional intersections after the conclusion of the Warning
Period. The intersections will be designated by the Police Department, which designation will be
based upon Police Department staff review and an engineering analysis.
Page 20 of 31
EXHIBIT "B"
Construction and Installation Obligations
Timeframe for Installation: Traffic Safety Camera Program
Vendor will have each specified intersection installed and activated in phases in accordance with
an implementation plan to be mutually agreed to by Vendor Traffic Systems and the City
Manager.
Vendor will use reasonable commercial efforts to install the system in accordance with the
schedule set forth in the implementation plan that will be formalized upon project
commencement.
Vendor will use reasonable commercial efforts to install and activate all specified intersection
within forty-five (45) days subsequent to receipt of all permits required by section 1.4 of this
Exhibit B.
1. Vendor Obligations. Vendor shall do or cause to be done each of the following (in each case,
unless otherwise stated below, at Vendor's sole expense):
1.1. Appoint the Vendor Project Manager and a project implementation team
consisting of between one (1) and four (4) people to assist the Vendor Project
Manager;
1.2. Request current "as-built" electronic engineering drawings for the Designated
Intersections (the "Drawings") from the County traffic engineer;
1.3. Develop and submit to the City for approval construction and installation
specifications in reasonable detail for the Designated Intersection, including but
not limited to specifications for all radar sensors, pavement loops, electrical
connections and traffic controller connections, as required; and
1.4. Seek approval from the relevant Governmental Authorities having authority or
jurisdiction over the construction and installation specifications for the
Designated Intersection (collectively, the "Approvals"), which will include
compliance with City permit applications.
1.5. Seek rights from private property owners, as necessary for the placement of
System Equipment at designated intersections where Governmental Authorities
have jurisdiction over the designated intersection and adjacent rights of right of
way, and such governmental Entity denies authority to Vendor for the installation
of its equipment.
1.6. Finalize the acquisition of the Approvals;
1.7. Submit to the City a public awareness strategy for the City's consideration and
approval, which strategy shall include media and educational materials for the
City's approval or amendment according to the ATS proposal (the "Awareness
Strategy");
Page 21 of31
1.8. Develop the Red Light Infraction Criteria in consultation with the City;
1.9. Develop the Enforcement Documentation for approval by the City, consistent
with the requirements of the City Ordinance;
1.10. Complete the installation and testing of all necessary Equipment, including
hardware and software, at the Designated Intersections (under the supervision of
the City);
1.1 I. Cause an electrical sub-contractor to complete all reasonably necessary electrical
work at the Designated Intersections, including but not limited to the installation
of all related Equipment and other detection sensors, poles, cabling,
telecommunications equipment and wiring, which work shall be performed in
compliance with all applicable local, state and federal laws and regulations;
1.12. Install and test the functionality of the Designated Intersections with the Vendor
System and establish fully operational Infraction processing capability with the
Vendor System;
1. 13. Implement the use of the Vendor System at each of the Designated Intersections;
1.14. Deliver the Materials to the City;
1.15. Issue Notices of Infraction, and if the civil penalty is unpaid or the alleged
violator requests a hearing, issue Notices of Hearing for Authorized Infractions
pursuant to City Ordinance;
1.16. Obtain access to the records data of the Department of Motor Vehicles m
Vendor's capacity as needed for the program; and,
1.17 . Vendor shall provide training for personnel of the City, including, but not limited
to, the persons who City shall appoint as Authorized Employees and other persons
involved in the administration of the TSCP, regarding the operation of the Vendor
System and the TSCP. This shall include training with respect to the Vendor
System and its operations, strategies for presenting Infractions Data in court and
judicial proceedings and a review of the Enforcement Documentation;
1.18. Interact with court and judicial personnel, including the City's hearing officer to
address issues regarding the implementation of the Vendor System, the
development of a subpoena processing timeline that will permit the offering of
Infractions Data in hearings and judicial proceedings, and coordination between
Vendor, the City and the City's Hearing officer; and
1.19. Provide reasonable public relations resources and media materials to the City in
the event that the City elects to conduct a public launch of the TSCP.
1.20. Notice of Infraction processing and Notice of Infraction re-issuance, as well as
notice of hearing.
Page 22 of31
2. CITY OBLIGATIONS. The City shall do or cause to be done each of the following (in
each case, unless otherwise stated below, at City's sole expense):
2.1.1. Appoint the Project Manager;
2.1.2. Assist Vendor in obtaining the Drawings from the relevant Governmental
Authorities;
2.1.3. NotifY Vendor of any specific requirements relating to the construction and
installation of any Intersection or the implementation of the TSCP;
2.1.4. Assist Vendor in seeking the Approvals
2.1.5. Provide reasonable access to the City's properties and facilities in order to permit
Vendor to install and test the functionality of the Designated Intersections and the
TSCP;
2.1.6. Provide reasonable access to the personnel of the City and reasonable information
about the specific operational requirements of such personnel for the purposes of
performing training;
2.1. 7. Seek approval or amendment of Awareness Strategy and provide written notice to
Vendor with respect to the quantity of media and program materials (the
"Materials") that the City will require in order to implement the Awareness
Strategy during the period commencing on the date on which Vendor begins the
installation of any of the Designated Intersection and ending six (6) months after
the Installation Date;
2.1.8. Assist Vendor in developing the Red Light Infraction Criteria; and
2.1.9. Seek approval of the Enforcement Documentation.
2.1.10. The City shall, on a form provided by Vendor, provide verification to the State
Department of Motor Vehicles, National Law enforcement Telecommunications
System, or appropriate authority indicating that Vendor is acting as an Agent of
the Customer for the purposes of accessing vehicle ownership data pursuant to the
list of permissible uses delineated in the Drivers Privacy Protection Act 18 U .S.C.
S 2721, Section (b) (I) and as may otherwise be provided or required by any
provision of applicable state law.
2.1.11. If feasible, and only after all necessary approvals have been obtained from
utilities and other governmental entities with jurisdiction, City shall allow Vendor
to access power from existing power sources at no cost to City and shall allow or
facilitate access to traffic signal phase connections to a pull box, pole base, or
controller cabinet nearest to each Camera System within the City's jurisdiction.
2.1.12. The Police Department shall process each potential violation in accordance with
State Laws and/or City Ordinances within seven (7) business days of its
Page 23 of31
appearance in the Police Review Queue, using Axsis™ to determine which
violations will be issued as Citations or Notices of Violation or as soon as
reasonably practical in the event of technical difficulties, power outages, or other
circumstances beyond the City's control, or with the consent or approval of
Vendor for extension.
2.1.13. City shall provide access to the internet for the purpose of processing violations
and adjudications.
2.1.14. Vendor shall, at no additional cost to the City , provide Police Department /
Adjudication workstation computer monitors for citation review and approval
which should provide a resolution of 1280 x 1024, which shall be returned to
Vendor in the event the Agreement is terminated.
2.1.15. For optimal data throughput, Police Department / Adjudication workstations
should be connected to a high-speed internet connection with bandwidth ofT-lor
greater. Vendor will coordinate directly with the City's Information Technology
(IT) Department on installation and implementation of the computerized aspects
of the program.
2.1.16. Police Department shall provide signatures of all authorized police users who will
review events and approve citations on forms provided by Vendor.
2.1.17. In the event that remote access to the A TS Axsis VPS System is blocked by
City's network security infrastructure, the City's IT Department and the
counterparts at A TS shall coordinate to facilitate appropriate communications
access while maintaining required security measures.
Page 24 of31
EXHIBIT "C"
Maintenance
1. All repair and maintenance of Traffic Safety Camera Program systems and related equipment
will be the sole responsibility of Vendor, including but not limited to maintaining the casings
of the cameras included in the Vendor System and all other Equipment in reasonably clean
and graffiti-free condition.
2. Vendor shall not open the Traffic Signal Controller Boxes without a representative of Miami-
Dade County Traffic Engineering present.
3. The provision of all necessary communication, broadband and telephone services to the
Designated Intersections will be the sole responsibility of the Vendor
4. The provision of all necessary electrical services to the Designated Intersections will be the
sole responsibility of the Vendor.
5. In the event that images of a quality suitable for the Authorized Employee to identify
Infractions cannot be reasonably obtained without the use of flash units, Vendor shall provide
and install such flash units.
6. The Vendor Project Manager (or a reasonable alternate) shall be available to the City's
Project Manager each day.
Page 25 of 31
EXHIBIT "D"
Infraction Processing
1. All Infractions Data shall be stored on the Vendor System;
2. The Vendor System shall process Infractions Data gathered from the Designated Intersection
into a format capable of review by the Authorized Employee via the Vendor System;
3. The Vendor shall make the initial determination that the image meets the requirements of the
Ordinance and this Agreement, and is otherwise sufficient to enable the City to meets its
burden of demonstrating a violation of the Ordinance. If the Vendor determines that the
standards are not met, the image shall not be processed any further.
4. The Vendor System shall be accessible by the Authorized Employee through a virtual private
network in encrypted format by use of a confidential password on any computer equipped
with a high-speed internet connection and a web browser;
5. Vendor shall provide storage capabilities for the City to store infractions identified for
prosecution for a period of time of not less than four (4) years after final disposition of a
case.
6. Vendor shall provide the Authorized Employee with access to the Vendor System for the
purposes of reviewing the pre-processed Infractions Data within seven (7) days of the
gathering ofthe Infraction Data from the applicable Designated Intersections.
7. The City shall cause the Authorized Employee to review the Infractions Data and to
determine whether a Notice of Infraction shall be issued with respect to each Potential
Infraction captured within such Infraction Data, and transmit each such determination to
Vendor using the software or other applications or procedures provided by Vendor on the
Vendor System for such purpose. VENDOR HEREBY ACKNOWLEDGES AND AGREES
THA T THE DECISION TO ISSUE A NOTICE OF INFRACTION SHALL BE THE SOLE,
UNILA TERAL AND EXCLUSIVE DECISION OF THE AUTHORIZED EMPLOYEE
AND SHALL BE MADE IN SUCH AUTHORIZED EMPLOYEE'S SOLE DISCRETION
(A "NOTICE OF INFRACTION DECISION"), AND IN NO EVENT SHALL VENDOR
HA VE THE ABILITY OR AUTHORIZATION TO MAKE A NOTICE OF INFRACTION
DECISION;
8. With respect to each Authorized Infraction, Vendor shall print and mail a Notice of
Infraction within seven (7) days after Vendor's receipt of such authorization from the City's
Authorized Employee; provided, however, during the Warning Period, warning Infraction
notices shall be issued in respect of all Authorized Infractions;
9. Vendor shall provide a toll-free telephone number, at its sole expense, for the purposes of
answering citizen inquiries.
10. Vendor shall permit the Authorized Employee to generate monthly reports using the Vendor
Standard Report System.
Page 26 of31
11. Upon Vendor's receipt of a written request from the City and in addition to the Standard
Reports, Vendor shall provide, without cost to the City, reports regarding the processing and
issuance of Notices of Infraction, the maintenance and downtime records of the Designated
Intersections and the functionality of the Vendor System with respect thereto to the City in
such format and for such periods as the City may reasonably request, without cost to the
City;
12. Upon Vendor's receipt of a written request from the City at least fourteen (14) calendar days
in advance of a hearing, Vendor shall provide expert witnesses for use by the City in
prosecuting Infractions, before the City's hearing officer, at no cost to the City;
13. Vendor shall provide such training to City personnel as shall be reasonably necessary in
order to allow such personnel to act as expert witnesses on behalf of the City with respect to
the Red Light Enforcement Program. However, if a specific case requires testimony on the
technical aspects ofthe equipment, upon City's request Vendor shall provide the City with an
expert in the hearing in that case at no cost to the City.
14. During the Warning Period, Vendor shall implement a public relations program, in
coordination with the City and upon City's approval, at no cost to the City in accordance
with the elements included in Vendor's proposal dated November 13,2007.
15. Notice of Infraction Form. Vendor shall prepare and provide to City a Notice of Infraction
Form that provides, at a minimum, the following information:
a. name and address of the owner of the vehicle involved in the infraction;
b. the registration number of the vehicle involved in the infraction;
c. a citation to the City's Ordinance violated;
d. the location of the intersection where the infraction occurred;
e. the date and time of the infraction;
f. a copy of the recorded image of the infraction;
g. the amount of fee and charges imposed and the date by which the fee and charges
must be paid or appealed;
h. instructions on all methods of payment for the fee;
I. a clear statement of the time limit to file an appeal and describing the procedure for
appealing the infraction;
J. a statement that the City's traffic infraction officer has reviewed and observed the
recorded images evidencing the violation of the Ordinance and has found reasonable
and probable grounds to believe that an infraction has occurred and can identify the
license tag number of the violating vehicle; and,
Page 27 of31
k. a conspicuous statement, printed on larger font than the remaining statements on the
Notice of Infraction, and bolded, stating that if the owner of the vehicle fails to pay
the civil fee within the time allotted, or fails to timely appeal the infraction, the owner
shall be deemed to have waived his or her right to contest the infraction, and has
admitted to the infraction reflected in the Notice of Infraction.
16. Vendor agrees that the City shall have the right to review and approve the form Notice of
Infraction prior to its use, and that in the event City determines additional information should
be included in the Notice ofInfraction, Vendor shall modify the Notice ofInfraction form, at
its sole expense, to comply with those requirements.
17. For any city using A TS lockbox or epayment services, Vendor will establish a demand
deposit account bearing the title, "American Traffic Solutions, Inc. as agent for Customer" at
U.S. Bank. All funds collected on behalf of the Customer will be deposited in this account
and transferred by wire the first business day of each week to the Customer's primary deposit
bank. The Customer will identify the account to receive funds wired from U.S. Bank. If
desired, Customer will sign a W -9 and blocked account agreement, to be completed by the
Customer, to ensure the Customer's financial interest in said U.S. Bank account is preserved.
18. Vendor is authorized to charge, collect and retain a convenience fee of $4.00 each for
electronic payments processed. Such fee is paid for by the violator.
Page 28 of 31
Exhibit "E"
Additional Rights and Obligations
V endor and the City shall respectively have the additional rights and obligations set forth below:
1. Vendor shall assist the City in public information and education efforts, including but not
limited to the development of artwork for utility bill inserts, press releases and schedules for
any public launch of the TSCP, as offered in the Vendor's proposal.
2. Vendor shall be solely responsible for installing such Signage as required by City Ordinance.
The Vendor shall be solely responsible for the fabrication of any signage, notices, or other
postings required pursuant to any law, rule, or regulation of any Governmental Authority
("Signage"), including, but not limited to, the City and County Ordinances, State Statutes,
and Florida Department of Transportation (FDOT) Regulations and shall assist in
determining the placement of such Signage. Vendor shall be responsible for obtaining all
necessary approvals from Governmental Authorities.
3. The Vendor Project Manager and the Project Manager shall meet on a weekly basis during
the period commencing as of the date of execution hereof and ending on the termination of
the Warning Period Date, and on a monthly basis for the remainder of the Term, at such
times and places as the Vendor Project Manager and the City Project Manager shall mutually
agree.
4. The City shall not access the Vendor System or use the TSCP Program in any manner other
than prescribed by law and which restricts or inhibits any other Person from using the
Vendor System or the Vendor Photo Enforcement Program with respect to any Intersection
constructed or maintained by Vendor for such Person, or which could damage, disable,
impair or overburden the Vendor System or the Vendor Photo Enforcement Program, and the
City shall not attempt to gain unauthorized access to (i) any account of any other Person, (ii)
any computer systems or networks connected to the Vendor System, or (iii) any materials or
information not intentionally made available by Vendor to the City by means of hacking,
password mining or any other method whatsoever, nor shall the City cause any other Person
to do any of the foregoing.
5. The City shall maintain the confidentiality of any username, password or other process or
device for accessing the Vendor System or using the TSCP.
6. Each of Vendor and the City shall advise each other in writing with respect to any applicable
rules or regulations governing the conduct of the other on or with respect to the property of
such other party, including but not limited to rules and regulations relating to the
safeguarding of confidential or proprietary information, and when so advised, each of Vendor
and the City shall reasonably follow any and all such rules and regulations.
7. The City shall promptly reimburse Vendor for the cost of repairing or replacing any portion
of the Vendor System, or any property or equipment related thereto, damaged solely and
Page 29 of31
directly by the City, or any of its employees, contractors or agents. In all other instances,
such costs shall be solely the Vendor's costs.
Page 30 of 31
EXHIBIT "F"
COMPENSA nON & PRICING
Per Paid Fee
There will be no charge to City during the Warning Period, and Vendor shall not receive any
compensation for any notices sent during the Warning Period.
At the conclusion of the Warning Period, and once Notices of Infractions are issued, Vendor
shall be compensated as follows:
Per Camera Paid Notices
1 st Tier Fee: First 2 paid notices per day in a month, per camera (i.e. first 60 paid per month)
$47.50
2nd Tier Fee: Next 2 paid notices per day in a month, per camera (i.e. 61-149 paid per month)
$27.50
3rd Tier Fee All other paid notices in a month, per camera (i.e. 150+ paid per month)
$17.50
Following the change of State Law as contemplated in Section 10.6, if the average number of
paid notices is 2 or fewer per day in a month, per camera the Vendor shall receive all revenues
collected for the billing period.
Vendor shall have the right of first refusal to provide collections services for this program, the
collection methods and compensation for which shall be determined by the parties in an
addendum to this Agreement.
Page 31 of31
RESOLUTION NO. 2008-_
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATTACHED AGREEMENT BETWEEN THE CITY OF
AVENTURA AND AMERICAN TRAFFIC SOLUTIONS FOR TRAFFIC
SAFETY CAMERA PROGRAM; AUTHORIZING THE CITY MANAGER
TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City Manager is hereby authorized to execute the attached
Agreement in substantially the form attached hereto, between the City of Aventura and
American Traffic Solutions for Traffic Safety Camera Program.
Section 2. The City Manager is hereby authorized to do all things necessary to
carry out the aims of this Resolution and the Agreement.
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. 2008-
Page 2
PASSED AND ADOPTED this 5th of February, 2008.
SUSAN GOTTLIEB, MAYOR
ATTEST:
TERESA M. SOROKA, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
FROM: Eric M. Soroka, ICMA-CM, City
TO: City Commission
DATE: January 17, 2008
SUBJECT: Ordinance Establishing Business Tax Equity Study Advisory Board
1st Reading February 5, 2008 City Commission Meeting Agenda Item l
2nd Reading March 4, 2008 City Commission Meeting Agenda Item
RECOMMENDATION
It is recommended that the City Commission adopt the attached Ordinance establishing
a Business Tax Equity Study Advisory Board. The background material relating to this
matter is attached hereto.
EMS/act
Attachment
CC01611-08
CITY OF AVENTURA
FINANCE SUPPORT SERVICES DEPARTMENT
MEMORANDUM
ces Director
TO:
Eric M. Soroka, ICMA-CM, Cit
FROM: ~ Brian K. Raducci, Finance Sup;ort
DATE: January 8, 2008
SUBJECT:
Local Business Tax Receipt - Equity Study Commission
Based on your request, I have researched the above-named Program and offer
the following recommendation.
Recommendation
Before adopting a reclassification and revision ordinance that governs the City's
Local Business Tax Receipt process, the City must establish an Equity Study
Commission (ESC) and appoint its members. Each member of the ESC must be
a representative of the City's business community. The ESC should be made up
of the Finance Support Services Director and 7 members appointed by each of
the City Commissioners. An ordinance establishing the ESC and a resolution
approving its members will need to be adopted by the City Commission.
Background
In 2007, the Florida Legislature passed a law permitting local governments to
reclassify and restructure the rates of Local Business Tax Receipts. In response
to this new legislation, the Finance Support Services Department will compile a
report outlining proposed changes/additions of the City's Local Business Tax
Receipts Classification Schedule and Local Business Tax Receipts.
In order to prepare this report, the Finance Support Services Department will first
contact other local governments for samples of various ordinances and rate
structures. This information will be compiled into a classification of Local
Business Tax Receipts that is determined to be the most comprehensive and
reflective of the classifications most frequently used by other governments. This
will then be presented to the ESC.
The following is State Statute 205.0535 which outlines the ESC Process.
1
Title XIV Chapter 205 View Entire Chapter
TAXATION AND FINANCE LOCAL BUSINESS TAXES
205.0535 Reclassification and rate structure revisions.--
(1) By October 1, 2008, any municipality that has adopted by ordinance a local
business tax after October 1, 1995, may by ordinance reclassify businesses, professions,
and occupations and may establish new rate structures, if the conditions specified in
subsections (2) and (3) are met. A person who is engaged in the business of providing
local exchange telephone service or a pay telephone service in a municipality or in the
unincorporated area of a county and who pays the business tax under the category
designated for telephone companies or a pay telephone service provider certified
pursuant to s. 364.3375 is deemed to have but one place of business or business location
in each municipality or unincorporated area of a county. Pay telephone service providers
may not be assessed a business tax on a per-instrument basis.
(3)(a) After the reclassification and rate structure reVISions have been transmitted to
and considered by the appropriate local governing bOdy,.!-t may adopt by majority vote a
new business tax ordinance. Except that a minimum tax of up to $25 is permitted, the
reclassltlcation may not Increase the tax by more than the following: for receipts costing
$150 or less, 200 percent; for receipts costing more than $150 but not more than $500,
100 percent; for receipts costing more than $500 but not more than $2,500, 75 percent;
for receipts costing more than $2,500 but not more than $10,000, 50 percent; and for
receipts costing more than $10,000, 10 percent; however, in no case may the tax on
any receipt be increased more than $5,000.
(b) The total annual revenue generated by the new rate structure for the fiscal year
following the fiscal year during which the rate structure is adopted may not exceed:
(,{ ( -
101'=-
1. For municipalities, the sum of the revenue base and 10 percent of that revenue base.
The revenue base is Uie sum ot me business tax revellut::: yelle. ~Lt;J uy I t:::ceipts issued
for the most recently completed local fiscal year or the amount of revenue that would
have been generated from the authorized increases under s. 205.043(1)(b), whichever is
greater, plus any revenue received from the county under s. 205.033(4).
2. For counties, the sum of the revenue base, 10 percent of that revenue base, and the
amount of revenue distributed by the county to the municipalities under s. 205.033(4)
during the most recently completed local fiscal year. The revenue base is the business
tax revenue generated by receipts issued for the most recently completed local fiscal
year or the amount of revenue that would have been generated from the authorized
increases under s. 205.033(1)(b), whichever is greater, but may not include any revenues
distributed to municipalities under s. 205.033(4).
(c) In addition to the revenue increases authorized by paragraph (b), revenue increases
2
attributed to the increases in the number of receipts issued are authorized.
(4) After the conditions specified in subsections (2) and (3) are met, municipalities and
counties may, every other year thereafter, increase or decrease by ordinance the rates
of business taxes by up to 5 percent. An increase, however, may not be enacted by less
than a majority plus one vote of the governing body. Nothing in this chapter shall be
construed to prohibit a municipality or county from decreasing or repealing any business
tax authorized under this chapter.
(5) A receipt may not be issued unless the federal employer identification number or
social security number is obtained from the person to be taxed.
History.--s. 8, ch. 93-180; s. 60, ch. 98-419; s. 12, ch. 2006-152; s. 2, ch. 2007-97.
Exhibits
The following Exhibits have been attached as support to the ESe Process:
1. Mission Statement
2. Schedule of Activities
3
MISSION STATEMENT
Local Business Tax Receipts - Equity Study
City of Aventura
Name
The name of the Commission shall be the Local Business Tax Receipts - Equity
Study Commission herein referred to as the "ESC."
Authorization
The ESC exists by the City of Aventura City Commission, pursuant to the
provisions of Section 205.0535, of the Florida Statutes.
Purpose
The purpose of the ESC is to examine and review the Local Business Tax
Receipts Ordinance (Chapter 18 of the City of Aventura Code of Ordinances)
regarding classifications and rate structure and to recommend revisions to such
classifications and rate structure for the Local Business Tax Receipts. The ESC
shall be guided by the following objectives in formulating its recommendations:
1. The ESC shall review the businesses, professions and occupations
within each classification and recommend any reclassification or new
classifications.
2. The ESC shall recommend a classification for any business activity not
currently paying a Local Business Tax Receipts.
3. The ESC shall review the rates of each classification and recommend
any fee changes necessary to establish equity between the rates for
such classifications.
4. After considering objectives 1 - 3 above, the ESC shall propose a rate
structure that will generate an aggregate revenue increase of no more
than ten (10%) in revenue for Local Business Tax Receipts for the fiscal
year beginning October 1, 2008. The additional revenue shall be
generated from rate structure changes applied to the existing Local
Business Tax Receipts or increases in variable factors such as assets,
value of inventory, number of employees, etc.
The final report and recommendation of the Staff and Committee shall be made
to the City Commission no later than June 2008.
4
January 2008
Mar/April 2008
May 2008
June 2008
July 2008
August 2008
October 2008
SCHEDULE OF ACTIVITIES
Local Business Tax Receipts
The Finance Support Services Department researches
available information and prepares a report
This report will be forwarded to the ESC
ESC reviews Local Business Tax Receipt Equity Report,
provides input and make recommendation to the City
Commission.
City Commission Meeting - first reading of proposed Local
Business Tax Receipt ordinance containing rate
restru ctu re/reclassificatio n
City Commission Meeting - Public hearing and second
reading of proposed Local Business Tax Receipt ordinance,
Commission takes action
2009 Local Business Tax Receipt invoice mailed
Deadline for payment of Occupation License fee paid for
2009
5
ORDINANCE NO. 2008-
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF A VENTURA, FLORIDA, ESTABLISHING THE
A VENTURA BUSINESS TAX EQUITY STUDY ADVISORY
BOARD, WHICH SHALL SERVE AS THE EQUITY STUDY
COMMISSION FOR THE LOCAL BUSINESS TAX
RECLASSIFICATION AND REVISION, AND
EST ABLISHING PROCEDURES FOR APPOINTMENT OF
MEMBERS, A TIMET ABLE AND RULES OF
PROCEDURE; PROVIDING A SUNSET PROVISION, AND
PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, Senate Bill 1178 amends Section 205.053 and Section 205.0535, Florida
Statutes to provide that by October 1, 2008, any municipality that has adopted a local business
tax after October 1, 1995 may by ordinance reclassify businesses, professions, and occupations
and may establish new rate structures; and
WHEREAS, state law provides that prior to the adoption of a reclassification and revision
ordinance, the municipality must establish an equity study commission and appoint its members;
and
WHEREAS, the City Commission desires to establish the A ventura Business Tax Equity
Study Advisory Board (the "Equity Study Board"), which shall serve as the Equity Study
Commission, and to establish procedures for appointment of members; and
WHEREAS, Section 205.0535, Florida Statutes, provides that each member of the Equity
Study Board must be a representative of the business community within the City; and
WHEREAS, the City Commission believes it is in the best interest of the City to establish
the Equity Study Board, provide procedures for appointment of members, and provide a
timetable and rules of procedure.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF A VENTURA, FLORIDA, AS FOLLOWS:
Section 1. Recitals Adopted. That the foregoing recitals contained in the
preamble to this Ordinance are hereby adopted and are incorporated by reference herein.
Section 2. Board Established. That the Equity Study Board is hereby established
to serve as the Equity Study Commission pursuant to Section 205.0535, Florida Statutes. The
Board shall consist of seven (7) members.
Section 3. Authoritv. That the powers and duties of the Equity Study Board (the
"Board") shall be solely of an advisory nature to the City Commission and City Manager.
Accordingly, although Board members shall comply with the applicable requirements of the
Code of Ethics for Public Officers and Employees as provided in Part III of Chapter 112, F.S.,
Board members shall be exempt from the provisions of the Miami-Dade County Ethics Code,
which is provided by Sec. 2-11.1 of the County Code, pursuant to the advisory board exemption
which is authorized by Sec. 2-11.39-2 of the County Code.
Section 4. Qualifications. That each member of the Board shall be a
representative of the business community within the City, and shall own or be employed by a
business entity that possesses a valid Business Tax Receipt issued by the City at the time of the
appointment and throughout the term of service on the Board.
Section 5. Appointments. That the Mayor shall appoint the members of the
Board, subject to approval by a majority ofthe City Commission.
Section 6. Chair of Board. That the Board shall elect the Chairperson for the
Board and the Vice-Chairperson.
Section 7. Timetable. That the timetable for the Board process, attached as
Exhibit "A", is hereby adopted, and shall serve as a general guideline.
Section 8. Rules of Procedure. That the Rules of Procedure for the Board, attached
as Exhibit "B", are hereby adopted.
Section 9. Implementation. That the appropriate City officials are authorized to
execute all necessary documents to effectuate the intent of this Ordinance.
Section 10. Sunset Provision. That once the City Manager certifies that the duties
of the Board have been finally and fully completed and that the new Ordinance adopting the
reclassification and rate structure has been adopted by the City Commission and is in full force
and effect, the work of the Board and the term of office of Board members shall conclude and
terminate.
Section 11. Effective Date. That this Ordinance shall take effect immediately
upon adoption on second reading and shall be applied retroactively to the date of appointment of
the members of the Board.
The foregoing Ordinance was offered by Commissioner
adoption on first reading. This motion was seconded by Commissioner
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
, who moved its
and upon being
The foregoing Ordinance was offered by Commissioner
adoption on second reading. This motion was seconded by Commissioner
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
, who moved its
and upon
PASSED on first reading on this 51h day of February, 2008.
PASSED AND ADOPTED on second reading this 41h day of March. 2008.
SUSAN GOTTLIEB, Mayor
ATTEST:
TERESA M. SOROKA, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
!,,,,~I11tJ ~_
CITY ATTORNEY
ORDINANCE NO. 2008-
EXHIBIT "A"
PROPOSED (NON- BINDING) TIMET ABLE FOR EQUITY STUDY COMMISSION
(1) Establish Board via Ordinance.
February 5, 2008
(2) Appoint members of the Board.
February 5, 2008
(3) Board holds necessary meetings and performs its statutory tasks.
February 7 -
April 25, 2008
(4) City Commission reviews recommendations of the Board
May, 2008
(5) City Commission adopts Business Tax Ordinance
including new rate structure and classifications
June, 2008
(6) Business Tax Ordinance in effect in time for
Sale of Local Business Tax Receipts
July 1, 2008
ORDINANCE NO. 2008-
EXHIBIT "B"
RULES OF PROCEDURE FOR A VENTURA BUSINESS TAX EQUITY STUDY
ADVISORY BOARD
TABLE OF CONTENTS
PAGE
Section 1
GENERALLY
2
Section 2
MEETINGS
Section 2.1
Section 2.2
Section 2.3
Generally
Meeting Time and Location
Board Member Attendance
2
2
2
Section 3 OFFICERS
Section 3.1 Selection 2
Section 3.2 Duties and Responsibilities 3-4
Section 4 CONDUCT OF BUSINESS
Section 4.1 Motions 4
Section 4.2 Voting 4
Section 4.3 Minutes 5
Section 4.4 City Attorney 5
Section 4.5 City Manager 5
Section 4.6 Public Comment 5
Section 5
ETHICAL CONDUCT
5
Section 6
AMENDMENTS
5
Section 1.
Generally.
These Rules of Procedure, as amended from time to time, shall govern the A ventura
Business Tax Equity Study Advisory Board (the "Board") in the conduct of its business.
Section 2.
Meetin2s.
Section 2.1. Generally. The business of the Board shall be conducted at regular
meetings only. All meetings shall be scheduled to provide sufficient
notice to the public, and shall be open to the public. At a meeting, four (4)
members in attendance shall constitute a quorum. Failure to obtain a
quorum shall result in cancellation of the meeting. Prior to each meeting,
the City Manager will determine the agenda of the order of business,
showing in the exact order what is to come before the Board.
Section 2.2. Meeting Time and Location. The City Manager shall designate the
meeting time. All meetings will be held at the A ventura Government
Center. The City Manager may cancel a meeting if there is no business to
conduct.
Section 2.3. Board Member Attendance. All Board members shall attend all meetings
and remain until the meetings are adjourned or the member is excused by
the Chairperson. A request to be excused and notice of a member's
intention to be absent shall be communicated to the City Manager or
designee.
Section 3.
Officers.
Section 3.1. Selection. The Chairperson and the Vice Chairperson shall be selected by
a majority vote of the Board. In the event neither the Chairperson nor the
Vice Chairperson attends a meeting, the Board shall select from its
members a Chairperson Pro-Tempore for that meeting.
Section 3.2. Duties and Responsibilities. It shall be the duty and responsibility of all
officers to be thoroughly familiar with the applicable City of A ventura
Code of Ordinances and Chapter 205, Florida Statutes, as they apply to the
Board and these Rules of Procedure.
1. Chairperson. The Chairperson is the presiding officer, when present
and eligible, at all meetings of the Board. As presiding officer, the
Chairperson's duties are generally as follows:
(A) To open all meetings at the time at which the Board is to meet,
by taking the chair, calling the members to order and calling the
roll.
(B) To announce the business before the Board in the order in which
it is to be acted upon.
(C) To recognize members entitled to the floor; to state and put to
vote all questions which are regularly moved or necessarily arise
in the course of business, and to announce the result of the vote.
When a motion has been seconded it is the duty of the
Chairperson, unless he or she rules it out of order, immediately to
state the question that is before the Board for its consideration
and action. If the question is debatable or amendable, the
Chairperson shall immediately ask, "Is there any discussion?" If
no one then responds, he or she shall put the question. If the
question cannot be debated or amended, he or she shall
immediately put the question after stating it. The responsibility
of announcing the vote lies with the Chairperson, and he or she,
therefore, shall have the right to have the vote taken again if he or
she is in doubt as to the result. In announcing the vote the
Chairperson shall state first whether the motion is carried or lost;
second, what is the effect or result of the vote; third, what is the
immediately pending question or business before the Board. If
there is none he or she shall ask, "What is the pleasure of the
Board?"
(D) To protect the Board from annoyance from evidently frivolous or
dilatory motions by refusing to recognize them. Whenever the
Chairperson is satisfied that members are using procedures
merely to obstruct business, he or she shall either not recognize
them or rule them out of order. While the Chairperson shall
always be courteous and fair, he or she shall be firm in protecting
the Board from imposition, even though it is done in strict
conformity with procedural rules.
(E) To assist in expediting the business in every way compatible with
the rights of the members, as by allowing brief comments when
undebatable motions are pending, if he or she thinks it advisable;
to restrain the members when engaged in debate, within the rules
of order; to enforce on all occasions the observance of order and
decorum among the members, deciding all questions of order. To
authenticate, by his or her signature, when necessary, all the
proceedings of the Board, declaring its will and in all things
obeying its commands.
2. Vice Chairperson. The Vice Chairperson shall become the Chairperson
Pro-tempore upon the absence of the Chairperson at any meeting of the
Board.
Section 4.
Conduct of Business.
The business of the Board shall be conducted as follows:
Section 4.1. Motions. Actions by or decisions of the Board shall be determined by
motions duly moved and seconded and carried by a majority of the
members present.
Section 4.2. Voting. It is a rule that all members shall vote on all questions. No one
can vote or participate in debate or discussion on an item at public hearing
or a question or a proposal in which he or she has a conflict of interest, as
provided by the Code of Ordinances and state law.
The method of taking a vote shall be by roll call (yeas and nays). A
quorum must be present in order to vote. On a tie vote the motion is lost.
When a vote is to be taken the Chairperson puts the question in a form
similar to this "As many as are in favor of the question will, as their names
are called, answer yes (or yea); those opposed will answer no (or nay)."
The Chairperson shall then direct the clerk or her designee to call the roll.
The clerk or her designee calls the roll, and each member as his or her
name is called answers yes or no.
A motion to approve, when defeated by a vote, shall be considered as a
motion to deny which was approved by vote.
A motion to deny, when defeated by a vote, shall not be considered as a
motion to approve. In this instance there must be placed before the Board
a motion to approve.
Section 4.3. Minutes. Minutes of the Board shall contain a conCIse and accurate
summary of actions taken at meetings, but shall not include verbatim
comments from Board members or of persons making presentations to the
Board.
Section 4.4. City Attorney. The City Attorney shall rule on all legal questions and the
Board shall rely only on the advice of the City Attorney for such questions.
Section 4.5. City Manager. The City Manager or his designee shall be an ex-officio
member of the Board, with the right to participate in the discussions;
however, he or she shall not have the right to vote on Board business nor
be counted toward a quorum.
Section 4.6. Public Comment. The Board may hear Public Comment, as it deems
appropriate, and may limit the comments to three (3) minutes.
Section 5.
Ethical Conduct.
The Board is an instrument of the City providing an important function with imposed
obligations, responsibilities and duties. In accepting an appointment to serve as a
member of the Board, one also accepts and adopts the requirements of state law and the
requirements of City of A ventura Code of Ordinances as his or her standard of conduct.
In addition, Board appointees shall not subvert the integrity of the Board as a whole or of
any member of the Board, or any City official.
Section 6.
Amendments.
These Rules of Procedure may be amended by the City Commission by resolution.
An amendment, having been adopted, goes into effect immediately upon its adoption, unless the
motion to adopt specifies a time for its going into effect.
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
FROM: Eric M. Soroka, I
City Manager
,
.' !
BY: Joanne Carr, AICt/1
Planning Director /"J
TO: City Commission
DATE: December 3, 2007
SUBJECT: Proposed Amendment to Section 31-171 (a)(6) of the Land Development
Regulations to permit mechanical parking lifts as required parking spaces
(01-LDR-07)
,-
January 8, 2008 Local Planning Agency Agenda Item !:L/?r
1st Reading January 8,2008 City Commission Meeting Agenda Item 1A
2nd Reading February 5, 2008 City Commission Meeting Agenda Item .:[A-
RECOMMENDATION
It is recommended that the City Commission approve the request for an amendment to
Section 31-171(a)(6) of the Land Development Regulations to permit mechanical parking
lifts as required parking spaces, with the following conditions:
"Parking lifts" shall be defined as an electro-hydraulic mechanism in a
multifamily residential building or in a non-residential building that lifts a parked
passenger vehicle to make space available to park a passenger vehicle below it
in a single vertical tandem fashion.
. A traffic queuing analysis shall be submitted by the owner of the building for
parking areas using parking lifts, for review and approval by the City
Manager, to ensure efficient processing times and queue lengths. The
number of parking lifts permitted to be counted as required parking spaces
shall be determined by the approved queuing analysis;
. All parking lifts shall be located within a fully enclosed parking garage and
shall not be visible from exterior view. No outside parking lifts shall be
permitted;
. Parking lifts shall be permitted only when operated by an attendant or a
licensed and insured valet parking company on a 24 hour/7 -d ays-a-week
basis, to be confirmed by Restrictive Covenant to be recorded by the
owner/applicant prior to establishment of the use;
. No resident, guest, patron or customer of the building shall be permitted to
operate the parking lift. A physical barrier shall be placed in the parking area
to prohibit access to the parking lift area by residents, guests, patrons or
customers of the building;
. All parking lifts shall be maintained and kept in good working order;
. The parking lift platform must be sealed and of a sufficient width and length
to completely cover the bottom of the vehicle on the platform to prevent
dripping liquids or debris onto the vehicle below;
. All lifts must be designed so that power is required to lift the car, but that no
power is required to lower the car, in order to ensure that the lift can be
lowered and the top vehicle can be accessed in the event of a power outage;
. All parking lifts must be designed to prevent lowering of the lift when a
vehicle is parked below the lift;
. Ceiling heights of any parking level with parking lifts shall be sufficient to
accommodate all types of passenger vehicles. Such required height shall be
proposed in the traffic queuing study and approved by the City Engineer;
. Noise and vibration barriers shall be utilized to ensure that surrounding walls
decrease sound and vibration emissions outside of the parking garage;
. No automated parking system, other than the single vertical parking lifts
defined in Section 31-171 (a)(6)i., shall be permitted as a required parking
space unless first approved as a conditional use by the City Commission at a
public hearing following the procedures in Section 31-73 of the City Code.
THE REQUEST
The applicant, Cabi Aventura Hotel LLLP, is requesting a reVISion to the parking
requirements of the City's Land Development Regulations to permit mechanical parking
lifts as required parking spaces. (See Exhibit #1 for Letter of Intent)
DESCRIPTION OF THE PROPOSED AMENDMENT
The amendment proposed to Section 31-171(a)(6) of the Land Development Regulations
is the following underlined text:
"ARTICLE VIII. OFF-STREET PARKING, LOADING AND DRIVEWAY STANDARDS
Sec. 31-171. Off-street parking and loading standards.
(a) General. Every building, use or structure, instituted or erected after the
effective date of this chapter shall be provided with off-street parking facilities in
accordance with the provisions of this section for use of occupants, employees, visitors or
patrons. Such off-street parking facilities shall be maintained and continued as an
accessory use as long as the main use is continued.
2
(6) Size and character or[ required parking. The following design requirements
shall be observed for off-street parking:
a. Size; parking stalls. Each parking space required and provided pursuant to the
provisions of this article shall be not less than nine feet in width and 18 feet in length,
except as provided in Section 31-171 (a)(6)i. ...
d. Accessibility. In all zoning districts, the width of accessory aisles and driveways
shall be substantially in conformance with the standards set for in figure 31-171 (1). Every
space shall be accessible without driving over or through another parking space, except as
provided in Section 31-171(a)(6)i. ...
L Parkinq Lifts. For the purposes of this section, "parkinq lifts" shall be defined as
an electro-hvdraulic mechanism in a multifamilv residential buildinq or in a non-residential
buildinq that lifts a parked passenqer vehicle to make space available to park a passenqer
vehicle below it in a sinqle vertical tandem fashion. A parkinq lift space may be counted
as a parkinq space required bv Section 31-171(b). and shall not be subiect to the
minimum parkinq stall size requirements of Section 31-171(a)(6)a.. provided that all of the
followinq conditions are fulfilled:
1) A traffic queuinq analvsis shall be submitted bv the owner of the buildinq for
parkinq areas usinq parkinq lifts, for review and approval bv the City Manaqer, to
ensure efficient processinq times and queue lenqths. The number of parkinq
lifts permitted to be counted as required parkinq spaces shall be determined bv
the approved queuinq analvsis; and
2) All parkinq lifts shall be located within a fullv enclosed parkinq qaraqe and shall
not be visible from exterior view. No outside parkinq lifts shall be permitted; and
3) Parkinq lifts shall be permitted onlv when operated bv an attendant or a licensed
and insured valet parkinq company on a 24 hour/7 -davs-a-week basis. to be
confirmed bv Restrictive Covenant to be recorded bv the owner/applicant prior
to establishment of the use; and
4) No resident, quest. patron or customer of the buildinq shall be permitted to
operate the parkinq lift. A phvsical barrier shall be placed in the parkinq area to
prohibit access to the parkinq lift area bv residents, quests. patrons or
customers of the buildinq; and
5) All parkinq lifts shall be maintained and kept in qood workinq order; and
6) The parkinq lift platform must be sealed and of a sufficient width and lenqth to
completelv cover the bottom of the vehicle on the platform to prevent drippinq
liquids or debris onto the vehicle below; and
7) All lifts must be desiqned so that power is required to lift the car, but that no
3
,-
power is required to lower the car, in order to ensure that the lift can be lowered
and the top vehicle can be accessed in the event of a power outaqe; and
8) All parkinq lifts must be desiqned to prevent lowerinq of the lift when a vehicle is
parked below the lift; and
9) Ceilinq heiqhts of any parkinq level with parkinq lifts shall be sufficient to
accommodate all types of passenqer vehicles. Such required heiqht shall be
proposed in the traffic Queuinq study and approved by the City Enqineer; and
10) Noise and vibration barriers shall be utilized to ensure that surroundinq walls
decrease sound and vibration emissions outside of the parkinq qaraqe.
i. No automated parkinq system, other than the parkinq lifts defined in Section 31-
171(a)(6)i., shall be permitted as a required parkinq space unless first approved as
a conditional use by the City Commission at a public hearinq followinq the
procedures in Section 31-73 of the City Code.
ANAL YSIS
Section 31-171(a)(6)d., the section of the City Code regulating off-street parking, loading
and driveway standards currently provides that every off-street parking space required by
, our Code shall be accessible without driving over or through another parking space. This
section, therefore, would not allow an automated parking lift space to be counted, since
one car would need to drive over the bottom space to access the top space.
Staff has met with the parking lift manufacturer that the applicant proposes to use for its
development. This manufacturer has provided the attached Operating Instructions and
specifications for its parking lifts, along with reference projects using its lifts. These lifts
are a hydraulic mechanism that lifts a parked vehicle to make space available to park a
vehicle below it in a vertical tandem fashion. Staff has contacted several of the
municipalities on that reference list to determine if there have been any concerns with this
type of parking. The following is a summary of comments received from those
municipalities:
City of West Palm Beach
City staff advised that they are receiving many requests for mechanical parking systems.
No regulations are currently in place. Until regulations are in place, applications are
reviewed by its Downtown Board. Applicants must provide a 24-hour valet service for the
lifts and the lifts must be located inside a parking garage or screened with plantings.
City of Coral Gables
",...-
City staff provided a copy of the City Code section regulating automated parking systems.
They permit self-service for two-level residential systems when the lift is available for one
4
residential unit. Systems are required to have an average delivery rate of five (5) minutes,
cannot increase the building mass to create a structure larger than permitted by the
underlying zoning district, must be located entirely within the confines of the building and
not visible to public view and the parking structure must be animated with architectural
detail to give character to the street. The City Commission considered and removed a
requirement for 24-hour attendant service for non-residential systems.
City of Sunny Isles Beach
City staff advised that mechanical parking lifts are permitted inside parking garages with a
restriction that no more than 20% of the required parking may be provided by the lifts. A
24-hour valet service is required to operate the lifts.
City of A ventura Experience
There is one residential development in the City that has used these parking lifts, which
were not allowed to be counted as required parking, but were allowed as additional
parking for the building. The lifts have been in use for over one year and the building
management advises that there have been no concerns with the mechanical operation.
The lifts are operated by their valet service company.
Staff recommends that other types of mechanical parking including robotic parking, where
the entire parking area is automated by way of a computerized lift, parking wheels and
parking racks, be subject to conditional use approval.
Standards for reviewing proposed amendments to the text of the LOR:
1. The proposed amendment is legally required.
The proposed amendment is legally required to implement the requested revision to
the Code.
2. The proposed amendment is consistent with the goals and objectives of the
Comprehensive Plan.
The proposed amendment is consistent with the goals and objectives of the
Comprehensive Plan. The proposed amendment is consistent with the goals and
objectives of the Comprehensive Plan. Specifically, Objective 10 of the Future Land
Use Element provides that "... the City shall continue to maintain, update and enhance
the municipal code, administrative regulations and procedures to ensure that future
land use is consistent with the Plan and to promote better planned development and
community with well designed buildings." This amendment will update and enhance
the municipal code to permit mechanical parking spaces with conditions that ensure
safe operation.
3. The proposed amendment is consistent with the authority and purpose of the LDRs.
5
The proposed amendment is consistent with the authority and purpose of the Land
Development Regulations. "The purpose of the LDRs is to implement further the
Comprehensive Plan of the City by establishing regulations, procedures and standards
for review and approval of all development and uses of land and water in the City.
Further, the LDRs are adopted in order to foster and preserve public health, safety and
welfare and to aid in the harmonious, orderly and progressive development and
redevelopment of the City..." The proposed amendment is consistent with this
purpose. It sets out appropriate minimum standards for mechanical parking lifts.
4. The proposed amendment furthers the orderly development of the City.
The proposed amendment furthers the orderly development of the City.
5. The proposed amendment improves the administration or execution of the
development process.
The proposed amendment improves the administration or execution of the
development process in that it provides standards for mechanical parking lifts.
6
~ Bilzin Sumberg
A'rTOR.~JEYS AT L,~.W
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StanleyB. Price, Esq.
305.350.2374
305.351.2204
sprice@bilzin.com
July 16, 2007
VIA HAND-DELIVERY
Exhibit #1
01-LDR-07
Joanna Carr
City of Aventura
Government Center
192000 W. Country Club Drive, 4th Floor
Aventura, Florida 33180
.JilL f
t'.,.<,"
vvMMUNrl"v
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Re: Starwood Hotel
2777 Miami Gardens Drive, Aventura, Florida
Dear Ms. Carr:
LETTER OF INTENT FOR CODE AMENDMENT
Please consider this our formal letter of intent in connection with a proposed ordinance
to amend Section 31-171(d) of the Land Development Regulations for the City of Aventura.
This amendment, a copy of which is attached hereto, will provide for automated parking through
the use of parking lifts, robotic and mechanical parking systems.
Automated parking is currently utilized as a solution to overcrowded parking in a number
of South Florida localities. Specially, the City of Miami unanimously approved a similar
amendment under Section 917.14 of the Miami City Zoning Code in December of 2005. This
amendment was noted as a "system that seems to work... in many other parts of the world" and
as a "right move" towards resolving the City's parking situation.1 Additionally, the City of Miami
Beach recently approved an amendment under Section 130-68 of the City's Land Development
Regulations to permit robotic parking systems in areas where parking capacity has become a
concern.2 While this amendment will apply to garages located in the GU and CCC government
districts, many garages in the City of Miami Beach are government property but developed as a
joint venture with the private sector.
We find that our proposed amendment provides an alternative to projects that are unable
to meet the required parking threshold required by the City of Aventura. Similarly, we have
seen such beneficial results with both the St. Regis Hotel in the City of Bal Harbor and the
Beach House Condominiums in the City of Surfside. Here both projects were able to meet
parking requirements by implementing automated parking designs in their site plan proposals.
1 Commissioner Winton, Minutes from the Miami City Commission hearing on December 1,2005.
2 The ordinance was approved on first reading and will be heard on second reading July 11,2007.
MIAMI 1361044.1 7548426759
7/6/079:53 AM
BILZIN SUMBERG BAENA PRICE & AXELROD LLP
200 S. Biscayne Boulevard, Suite 2500, Miami, FL 33131-5340 TeI305.374.7580 Fax 305.374.7593
Joanna Carr
July 16, 2007
Page 2
I.,~
Based on the foregoing, we submit that the proposed ordinance be approved by the City
of Aventura. We thank you for your consideration and respectfully request your support.
SBP: JO/ka
Attachments
MIAMI 1361044] 7548426759
7/6/079:53 AM
~_ BILZIN SUMBERG BAENA PRICE & AXELROD LLP
Autoparksysteme
Hermann-Krum-Str. 2 . 0-88319 Aitrach
Tel. +49-7565-508-0. Fax +49-75 65-59 24
~::,:;
li~
Exhibit #2
01-LRD-07
t~
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OPERATING INSTRUCTIONS
FOR
STACK PARKER G 61
10/97, Edition 10. @ KLAUS, Aitrach, Germany
Part No 92907270
Realisation: Aerolog, Munich
The G 61 stack parker consists of a parking platform which
can be driven onto hOrizontally for one vehicle and one
parking space below said parking platform.
Before lowering the parking platform, the parking space
below the platform must be completely emptied.
Drivers who are physically handicapped (e.g. wheel-chair
users) may use the G 61 stack parker to some limited
extent.
GENERAL INSTRUCTIONS
If any unauthorized type of vehicle is parked on
the G 61 stack parker, your operating permit for
the system will be invalidated
- All safety instructions must be strictly observed
- Always keep your key safely
- Never lend your key to unauthorized persons.
- Always make sure that your key is not accessible to
children.
Only roadworthy vehicles are to be parked on the G 61
stack parker.
Do not deposit any vehicles out of order, parts of
vehicles or any other miscellaneous objects on the
platform nor on the parking space below the platform.
Do not misuse the G 61 stack parker as a car hoist or
as an elevator for people.
,
.
For details on authorized vehicle types,
maximum weights and dimensions, please see
chart on the last page.
For safety reasons the platform is equipped with a
wheelstop for one front wheel. This wheelstop must be
correctly adjusted to your vehicle by an authorized and
Instructed person before you use the platform for the first
time.
~
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If the wheelstop adjustment is not carried out by
an instructed person, your operation permit for
the parking system will be invalidated.
,
Danger of serious damage!
Only drive onto platform with the vehicle type to
which your parking system is adjusted
.
IN CASE OF MALFUNCTION
Do not carry out any repair works of the stack parker on your
own.
In case of malfunction immediately call.
- the caretaker In charge of the parking system
- or the local maintenance service
Telephone No.: _ _ _ _
IN CASE OF EMERGENCY
- Immediately push the red "EMERGENCY-STOP"
button.
- In case of imminent danger or if there is anyone
trapped or injured, call the local emergency services
(Police Dept., Fire Dept, Ambulance etc.)
Telephone Nos.: _ _ _ _ _ _ .. _ _ _ _ _ _
SAFETY REGULATIONS ....
- Only park your vehicle at walking speed forwards, i.e.
fronHlrst, do not reverse into parking space,
- Keep people and pets away from the platform's area of I
movement = danger zone.
- Do not operate/move the platform if there are people,
pets or any miscellaneous objects either on top or
below the platform.
4. WARNING - danger of senous injuryl
~ Danger of being crushed between platform and
garage floor/ carriageway'
A"
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- Never allow passengers and pets to get on or off the
vehicle still parked on the platform or on the parking
space below the platform
- Never load or unload a vehicle parked on the platform
or on the parking space.
- Never do any repair works on a vehicle parked on the
platform or on the parking space.
- If your garage has a door, always take care when
operating it and make sure that nobody (particulary
children) is left in the garage when you close the door.
~
If the stack parker is installed on an outdoor
site, platform and parking space will have to be
kept free of snow and Ice.
PARKING/PARKING OUT OF A VEHICLE &
DRIVING AWAY
Before parking a vehicle the first time
Make sure that it is REALLY your parking space in front of
you and that the wheetstop is correctly adjusted to YOUR
vehicle and that the wheelstop is fully tightened.
Before parking generally
- Make sure that the parking space and the platform are
clean and free of obstructions
- Have passengers and pets get off the vehicle before
you drive onto the stack parker
- Unload your vehicle before driving onto the stack
parker
- Check and make sure that neither people nor pets are
in the platform's area of movement = danger zone,
- Ask an adult person to assist you and to monitor the
entire parking procedure.
- Switch on garage lighting if necessary.
If necessary, remove roof rackfs and non-retractable
antenna/s Retract retractable rod antenna/so Fold
external mirrors back.
Ii 'i-::: ~
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"c" '.1 ,.{ {' ."{:;,,,.."P;','.'{i'....:.I/c.~~
- If your vehicle is equipped with adjustable hydraulic
suspension (e.g. Citroen), select the middle setting for
your vehicle.
RAISING AND LOWERING OF THE PLATFORM
,
Before lowering the platform, empty the space
below the platform completely Make sure that
no objects protrude from the opposite and/or
adjoining parking system.
.. ..
:w"~. ~?,~~,ii:Ft,~,
Do not move/operate the platform, If there are people,
pets or any miscellaneous objects either below or
directly near the platform.
4-
Loa
" : dl
ii,
A Warning - danger of serious injury!
~ Danger of being crushed between platform and
garage fioor/ carriageway!
In case of emergency push immediately the red
"EMERGENCY-STOP" button. After release of the
pushed "EMERGENCY-STOP" button, the raising/
lowering process may be continued.
- Keep your feet and/or other parts of your body well
away from the platform danger zone.
:JL:'\ ~
~..\:.,...
Insert the key in the operating element.
~
- Turn the key in the required direction as indicated by
the arrow and keep the key in this position. The
platform either ascends or descends. The process will
be interrupted as soon as you release the key.
- Keep the key in the desired position until the platform is
locked in the upper position and/or is lowered
completely.
Never leave the platform in an intermediate
position.
The platform is locked only in the upper=raised
position.
Remove the key.
~
PARKING A VEHICLE
Danger of serious damage! - Make sure that
the platform is locked in the upper=raised
position and/or IS completely lowered.
- For this purpose insert key in the operating element
and keep key in the desired direction.
- Drive forwards = front-first at walking speed either onto
,
the platform until the front wheel touches the wheelstop
or into the parking space.
Reverse parking is STRICTLY FORBIDDEN.
,
The vehicle must be positioned straight and
within the platform's outlines (mirrors)
Do not drive over/ across the wheelstop.
Pull the parking brake firmly and engage first gear If
your vehicle is equipped with automatic transmission:
position the automatic gear-shift lever in "P".
IA ..
a:.\
~
~
If your vehicle is equipped with adjustable hydraulic
suspension, fully lower suspension.
Switch off the engine.
- Remember when getting off your vehicle:
Pay attention to limited headroom.
&. Danger of serious injury'
aa Never reach beyond platform outlines.
PARKING OUT A VEHICLE AND DRIVING AWAY
- Remember limited headroom of the parking space
when getting on the vehicle, step carefully on platform
4. Danger of serious injury'
~ Never reach beyond platform outlines.
Only let passengers get on the vehicle after having left
the stack parker with your vehicle.
- Do not load your vehicle as long as parked on the
parking system.
- If your vehicle is equipped with adjustable hydraulic
suspension, select middle setting.
- Check the exit area behind you.
- Reverse slowly and carefully off the platform.
MAINTENANCE
- Check monthly whether the front wheelstop is stili fully
tightened, check whether front wheelstop has
dislocated.
- Immediately inform the caretaker in charge of the
parking system as soon as you notice any loose parts,
oil stains/leaks, suspicious noises etc. on the parking
system.
- Observe separate General Maintenance Instructions.
If your parking plaiform has not been used for a period
exceeding six months:
- Raise and lower the platform several times without a
vehicle parked on it and visually check the parking
system.
- Afterwards park your vehicle as usual.
If your stack parker has not been used for a period
exceeding 12 months, we recommend that it is serviced by
the local representative of KLAUS
I Maximum Authorized Dimensions and Weights
I
1
i~
Type G 61-17 - 0 I. Hermann-Krum-Str. 2
minimum height 3.30 m* D-88319 Aitrach
I Type G.61 - 170-200 Max I
Op. Press bar I
I Please cross 0 Upper 0 Lower
Year of Max
I appropriate platform platform platform Constr Stat Press bar
~ Serral Max. Load per
I No Parking Space kg
Standard passenger Standard Standard
vehicle! standard station passenger Type Number of
passenger Approval No Parking Spaces
wagon vehicle vehicle Drive
C( Capacity kW
Standard station wagon Standard Standard
station station Noise emission during raising! lowering: 70 dB(A)
wagon wagon
Max. vehicle length 5.00 m 5.00 m
Max vehicle height
please insert
Max vehicle width 1.90 m 1.90 m
Max. vehicle weight 2,000 kg -
Max. wheel load 500 kg -
* Height is the headroom between finished floor and the lower edge of the ceiling.
Also relevant documents are:
Operating Instructions Plate (Part No. 929.07.290), Adjustment Instructions (Part No. 929.07.330),
General Maintenance Instructions (Part No. 929.06010) und Servicing Instructions (Part No. 929.07.31.0).
I hereby confirm that I have been fully instructed in accordance with the regulations as to the safe
operation of G 61 stack parker.
I also confirm that I have read and fully understood the above operating instructions.
Date! signature - - - - - - - - --------------------------
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ~ - - - - - - - - - - -
Official Vehicle Registration No.:
. Type of Vehicle: I
! Parking Space No.: I
r
020
( K A. VoS') KLAUS Auto-Parksysteme GmbH
,~
GENERAL NOTES:
STACK PARKER MODEL G61
Vertical Clearance Required:
o 1 0' -6" two cars
o 11 ' -6" car above + suv below
o 12' -6" car above + large suv below
o 13'-6 two suv's
. Valet Parking
Preferred
. Shared Parking
Allowed within same unit owner
. Equipment Weight 2,000 pounds per lift
. Equipment Load Capacity 5,000 pounds per platform
· (1) Power Pack per (12) Lifts Average
. Each Power Pack req's 1-(3) Phase (208) Volts and (30) amp's Disconnect
."~,
. Floor Load Capacity
100 pounds per square foot for Elevated Slabs
. Slab on Grade
6 inch depth
. Embedment Plates
10" x 10" X V2" thick for PT Slabs, 4 per lift
. Fabrication
(3) months, Aitrach Germany
. Loading
(12) Lifts per (20' Open Top Container)
. Shipping/US Customs
(1) month
. Installation
(1) week per container
. Permits
Electrical/Mechanical/Structural
. City of Miami
Class II Special Permit per ordinance 917.14
. Fire Sprinkler
Upper and Lower vehicles, side wall 16' throw
. Warranty
1 year parts and labor from time of building TeO
c'~'
. Cost
$8,500 per lift TURNKEY (2008 delivery)
~AV!JAuto-Parh....ysteme GmbH
Her!1lann-Krum-Str 2 D-88319l\itrach
Te:. 0 75 85/508-0 Fax 0 75 65 J S08-55
http//www.hlaus-autoparh de e-rnail: info@ klaus-auloparkde
Stack Parker
iCEl
:CO~IOHMlTd
Series G 61 (Horizontal)
EB (Single Platform) = 2 vehicles
Basement
garage
r 28
'118'
l
i
1 '6"
n
FI'ee space
Space requirements ale nlini-
mum finislted dimensions in !nch
/
Free space /
- - .../
\
\
\
JI
-J I
for divfdino \lv'alls
cutting through 10 xlO (for duct0~
for cables. pipes etc) of dividing vllail ~
~
I
PLEASE NOTE: Before lowering
the platform the lower vehicle
must be removed.
(0
17'1" (fo[' vehicle up to 16'5.' [all g)
<17'9" (for vehicle up to 17'1" IcJng)>
,';""-'"
Garage with door
in front of the
car parking system
2'8'
18"
Free space
for door
Space requirements aloe rnini~
mum finished dimensio'ls in inch
31
for dividin walls
cutting through lOx 10
(for ducts for cables. pipes
etc.) of diViding wal[
I
PLEASE NOTE: Before
lowering the platform the
lower vehicle must be
removed,
I
o
~,
17'7" (for vellicle up to 16'5" long)
<18'3" (for vehicle up to 17' 1" long)>
~
",.~,
Type H OH SUitable for Maximum vehicle dimensions
G 61-160 10'6" 5'3" upper: standard passenger cars & station wagons. max. veiL l1eight 4'11" Length 16'5" <17'1">
lower: standard passenger cars & station wagons. max. veh. height 4'11" Height see "Suitable for"
G 61-170 10'10" 5'7" upper stalldard passenger cars & station wagons, max. veh. heigllt4'11' Width 8'3'
lower: standard passenger cars & station wagons, max. veh. height 5'3" Weight 2,000 kg
G 61-180 5'11 " upper: standard passenger cars & station wagons, max. veh. height 4'11" Wheel load 500 hg
11'2" lower: standard passenger cars & station wagons, max. veh. height 5'8"
G 61-190 11'6" 6'3" upper: standard passenger cars & sta1l0n wagons, max veh. height 4'11"
lower: standard passengel' cars & station wagons, max. veiL I,eight 6'
G 61-200 11'10" 6'7" upper: standard passenger cars & station wagons, max veh. height 4'11"
lower: standard passenger cars & station wagons, max. veh. height 6'3"
G 61-210 12'2" 6' 11 " upper: standard passenger cars & station wagons, max. vah. heighl4'11"
lower: standard passenger cars & station wagons, max. veh. height 6'7"
If dimension height "H" is increased by customer, correspondingly lligher vehicles may be parhed all the upper platform(s)
Widths - Basement L,Aage
All space requiremenlS are nllilirrum finis[,ed dimensions w, em
Series G 61 (Horizontal)
Single Platform (EB)
Twin Unit (2 x EB)
Dividing
Walls
EB
EB i EB
~
I B1 I
t.------------j
Internal
Columns
['..n,r1..' ........ \....rl.~1;
I EB I EB I
I , I
.. n Jl::T
': H . ?;I
__-1L_ ~
I R, Ii R, il _. "
~~
!=rl~
EB EB i EB I EB I
__~J JI~
B21~
External
Columns
rr.EB: EB: EBi EBT
r ! I L;__
t-~~
EB
EB I
I
, --Jr--}--
i B~ I I B5 I I nWl 8'
t-----1~
Triple Unit (3 x EB)
EB EB EB
Bl
Carriageway in accordance
with local requlations
rTTUl~
EB EB i EB i EB I EB i EB I
I BJ
r---
rr== . ..... "1
in!
I" .
I EB : EB : EB ~
j 84 ~
'r i P
EB I EB I EB
I
I
i
~
jj~
B5
Usable DiViding Internal External
Platform Width Walls Columns Columns
Bl B2 B3 B" B5
1'T' 8'7" 8'5" 8'3" 8'3" 1'11 "
EB 1'11 " 8'11 " 8'9" 8'7" 8'7" 8'3"
8'3" 9'3" 9'1" 8'11 " 8'11 " 8'7"
7'7" 17' 1" 16'11 " 16'9" 16'9" 16'6"
2 X EB 7'11 " 17'9" 1 7 '7" 1 7 '5" 17'5" 1 7 '1"
83" 18'5" 18'3" 1 8 '1" 1 8 '1" 17'9"
1'T' 25'8" 25'6" 25'4" 25'4" 25'
3 X EB 1'11 " 26'7" 26'5" 26'3" 26'3" 26'
8'3" 27'7" 27'5" 21'3" 27'3" 26'11"
c=J Standard width = parking space width 7'7"
PLEASE NOTE:
. End parking spaces are generally more difficult to drive into, Therefore we recommend for end parking spaces
our wider platforms.
. Parking on standard Width platforms With larger vehicles may make getting into and out of the vehicle difficult
This depends on type of vehicle, approach and above allan the individual driver's skill
Widtlls - Garage vvith door III front of the car parking system
A:I space requiremellts are fmnilTlurr, irnis!led dllTlenSIOI,S II: inch
Series G 61
(Horizontal)
Single Platform (EB)
TWin Unit (2 x EB)
'lB
1~ f-
~
r E8 i EO
I.. ; I
r [
[ co co-
~bJ' ~ W-
I DF I DF i
, t---i
II :1
1.1 EB I EB II
!I i II
tk--~
L II tile
1 nr i'
L'r i
~--r
[ll'.1 ~/
I .
.,.1 EB I EB I EB I EB I
L-L i I --------L
~ 0 D
~ ~ r
~~f~____j DF
i
CSI'riageway in accord2nce
\-vith !ocal regul8tion2.
Usable OF L S
Platform Width
7'1" 7'10" 5" 10"
EB 711" 8'3" 5" 10"
8'T 8'3" 6" l'
7'7" 1ST 9" 1 '6"
2 x EB 7'11 " 16'6" 8" 1 '4"
8'3" 17'1 ' 8" 1 '4"
DF = dom entl'ance width
Door dimenSions require coordination
with door supplier.
,.~~
I Approach
These illustrated maximum approach angles
must NOT be exceeded. Incorrect approach
angles will cause SERIOUS MANEOUVRING
& POSITIONING PROBLEMS on the parking
system for which the local agency of Klaus
accepts no responsibility.
Load plan
forces in kN
dimensions In inch
m t ... r
II j
~
6' I
i
4 12f14
$
~..
U6'1"j
17'1" <17'9">
6.6::t14
EB
W"
I
B,
3" II
-,
!
\ Jnits rlrP hnltprl to thp floor nrillinn ripnth ;:morox 6"
Installation Data
Series G 61 (Horizontal)
Garage ventilation, drainage, heating, electrical wiring
(2'9"')
8,.0
Itl''')
8.:,0.0
Free space for !ongitudinal and vertical ducts (e,g, ventilation)
'H'W)
8,'2C
dimensiolls In Inch
L1'
1 '2"
8, = dimel-,slon fOI dividing 'Nallc;
(see illside page)
t
'," I
1
ji
i
I
I
I I
[ ----.U
' I
i-- '
'. --"~-~'-:---'-lli
x I Co ',.J'.:,' ~!I I i Exal,TIPle .f,or venil[atiol',
E '-t ~~r: I I I I I b'anch canal and/or
, C,':' I ' I I venlcal PIP811i~
..-- . .. r---- --- ~
EB III I EB II: 'I EB t
I ' I / 'I I
ill r~'JY I, I
1J-Lj&ICO I -J' i
I c: '" I I , I
I , ,
~ --U-L-- I
+-- B;: It
(85") 4)"
Be
116'11")
l\pproach level
Free space for vertical pipe[lnes.
venillation branch canals
D
Free space fOI horizontal
dueLing
L
~
Free space only applicable if vehicle is
parked forwards = with FRONT FIRST
and diwer's door on tile left side
( )-dimenslons Illustrate an example for
usable platform Width 7T
Electrical Data
dimensions in inch
Generally to be effected by customer:
. electrical wiring 5 x 2,5 mm2 per unit
. delayed-action mains fuse 3 x 16 A
per unit
. "EMERGENCY-OFF"/main power
supply switch, lockable, per unit
Cable conduits and recesses for operating
element
exposed
r-= ~ concealed
8Tfri B 1 rBl -5Z ~a~r~~~~-
~') _~ 0 way level
t=+=-1
l~).
1< I"n~
~r . ',,"'., :.',
H H
3'8" above
carriage-k-b~1
way level I
v 0
--.J
n
I 0 i
I...v~i
1=1=1
Electrical wiring:
Electrical wiring is c3l'ried out by the
customer or by the local agency of Klaus
in accordance with our circuit diagram/so
(Please see the respective quotation at
hand)
Armoured conduitPG 16
Armoured conduit (flexlble)PG 16
Technical Data as
of issue 06/98:
Units
Safety railings
/\ny safety railings which become necessary due 10 the
installation of the system at access points, walkways,
traffic lanes etc will have to be pl'OvidedJpaid for by
customer.
We reserve the right to change thiS
specrfication without IUctller notice
Stamp
low-noise power units mounted to
:'ubber-bonded-tCl-metal mountings
are Installed Nevertheless we
recommend to build the parking
system's garage separately from
the dwelling house
JI~ T he following d o,cuments can be supplied upon request:
wail recess plans
test sheet Oil airborne and solid-borne sound
REFERENCE PROJECTS USING KLAUS PARKING LIFTS
City of Miami
,,~<
. "Latitude on the River", Condominiums, EA Fish, Suffolk, Arquitectonica, (101) 2015
lifts. (Completed)
. "Latitude One", Office, EA Fish, Suffolk, Arquitectonica, (81) KLAUS model 2015's,
(Completed)
. "Grove Club" Condominiums, Deep Stream Development, Borroto and Associates
Architects, (12) Klaus G61 lifts (8) Klaus 2015. (Completed)
. "Shamrock at the Gables", Condominiums, Branko Vuckovich, (14) Klaus G61 and
(25) Klaus 2015 lifts (Completed)
. "Ten Museum", Condominiums, Greg Covin, Chad Oppenheim, (134) Klaus G61 lifts
. "2915 Biscavne" Office Building, (6) KLAUS G61 Lifts.
(Completed)
. "3333 Rice", Condominium, Rafael Gutierrez, (9) KLAUS G61 Lifts. (Completed)
. "IOS on the Bav", Condominium, Pedro Bravo Architects, (20) KLAUS G61 Lifts.
Sunny Isles Beach
,."'...-
. "Acaualina" Condominiums, Robert Swedroe Architects, Jules Trump, Pavarini
Construction, (106) Klaus G611ifts (2) Klaus 2015 lifts. (Completed)
. "Le Meridien" , hotel-condo, Kobi Karp Architects, Fortune International Realty, Pavarini
Construction, (50) Klaus 2015 lifts (Completed)
. "Savan" Condominiums, Sieger Suarez Architects, Joe Milton, (42) Klaus G61 lifts.
. "Turnberrv Ocean Colonv PH 1" Condominiums, Arch Tee, Jose Tunon, Turnberry
Associates, Greg Warren, Robert Swedroe Architects, (49) Klaus G61 lifts.
(Completed)
. "Turnberrv Ocean Colonv PH 2" Condominiums, Arch Tee, Jose Tunon, Turnberry
Associates, Greg Warren, Robert Swedroe Architects, (46) Klaus G61 lifts.
. "Jade Beach", Condominiums, Fortune International Realty, (8) G61 Lifts.
. "Da Vinci", Condominiums, Kobi Karp, (62) KLAUS G61 Lifts.
Surf Side/Bal Harbor
. "Spia~U1ia". Condominiums, Kobi Karp AiA, (20) G61+ (40) 2015 + (5) 3015 Klaus lifts.
(Completed)
. "Beach House" Condominiums, Jerry Gascovich, Jorge Brugo. (84) G61 KLAUS lifts.
,..;,r;.;~
. "St. Reais Bal Harbour", Hotel-Condo, Sieger Suarez, Related Group, KLAUS G61
Lifts.
1
REFERENCl:- PROJECTS USING KLAUS PARKING LIFTS
Aventura
"'~.
. "Bella Mare", Condominiums, Robert Swedroe Architects, Coastal Construction, (43)
Klaus G61 lifts. (Completed)
. "Hochstein Kane", Medical Office Building, Kobi Karp, ITASCA Construction Company
(119) KLAUS G61 Lifts
Fort Lauderdale
. "Pelican Beach Resort" Hotel, George White and Associates Architects, Parlin
Construction (70) Klaus G61 lifts (Completed)
. "Proqresso Lofts" Condominiums, Rene Lepine, (22) Klaus 2062 in-ground lifts.
. "W" Hotel, Adache Group AiA, (40) G61 lifts.
. "Luna East" Condominiums, Lauris Boulanger Construction, (27) G61 Lifts.
(Completed)
. "Coconut Grove" Condominiums, Ron Mastriana, Jim Trunzo AiA, James A Cummings
Construction (39) G61 lifts. 2007
. "Trump Las Olas" Condominiums, Oscar Garcia AiA, (39) KLAUS G61 Lifts
. "Trump International", Hotel-Condo, Oscar Garcia AiA, Stiles Construction (180)
KLAUS G61 Lifts
"","""""
Coral Gables
. "900 Ponce", Office, George Diaz, MED of Miami Contractors, (40) Klaus G61 lifts
. "CEC South", Custom Mag Wheel Shop (2) Klaus G61 lifts.
. "Allstate Insurance Office", Ignacio Borbolla (3) Klaus G61lifts. (Completed)
. "Ponce Towers" Condominiums, Juan Carlos Menedez, Corwill AiA, (106) Klaus G61
Lifts.
. "247 Malaqa", Condominiums, JC Menedez, Thorn Grafton AlA, (21) G61 lifts.
West Palm BeachfBoca Raton
. "The Harrick", Hotel-Condo, Spina Architects, (24) KLAUS 3015 Lifts
. "Amrit", Hotel-Condo, Sumant Kachru Developer, (156) KLAUS G61 Lifts.
. "Luxuria", Condominium, Trump of Williams Island, Derek Vander Ploeg Architects, (12)
KLAUS G61 Lifts.
,'...."""*"'".
2
REFERENCb PROJECTS USING KLAUS PARKING LIFTS
,,~
Columbus Ohio
. "Lofts @ 106", Condo's by John Barnes Architects, Ruscilli Construction, (50) Spaces
using the KLAUS model #2062 lift (Completed)
. "Carlvles Watch", Condo's by Tim Welsh Architects, Ruscilli Construction, (55) Spaces
using the KLAUS model #P310 parking system. (Completed)
. "8 on the Square", Condo's by Glavan Architects, Ruscilli Construction, (46) Spaces
using the KLAUS model #P310 parking system.
Boston Massachusetts
. "The Metropolitan", Condo's, by The ArchitecturalTeam, Suffolk Construction, (64)
KLAUS lifts model #G61. (Completed)
. "Boston Bodv Works", Commercial, Pat Cibotti owner, (10) KLAUS lifts model # G61.
(Completed)
. "Battery Wharf", Condo's by The Architectural Team, Skanska Construction, (187)
KLAUS lifts model #G61.
. "Pier One", Condo's by Addinc Architects, Skanska Construction (200) KLAUS lifts
model #G61.
"'~
~
,..,
.J
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.)
Jacobo Cababie
Developer
Victorina Jimenez
Developer
Stanley B. Price, Esq.
Attorney
Brian S. Adler, Esq.
Attorney
(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 ',L DAY OFD.ece. \l1\!J----e,v ,2007.
Cabi Aventura Hate,
partnership
By:
Name:
Title:
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE)
Before me the undersigned authority personally appeared Ta (oba Ccd){l~l6s the authorized representative of the Applicant
andlor the owner of the property subject to the application, 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 'Dee ~\'Vlb
.,~
Notary Public State of Florida At Large ""\I~'~",,, Giselle Gonzalez. ( '/,p\lt:. ("'\l)Y12..Ci l-e L
:~'o,,? .. ~~<:-\ ., ~nnted Name of Notary :1 \ ~\.. \
~::.J1' :::Econ:rru~slOn IDD41184 y commission expires: '3. 1;1. OC)
-:.-.;;.~.~- ExpIres. MAR. 27,200
.......rl-t ....~.:-
"'"f.';,~"" WWW.ti.ARONNDTARY.com
MIAMI 1465177.1 7755327895
BUSINESS RELATIONSHIP AFFIDAVIT*
.-
This Affidavit is made pursuant 10 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)
[):j 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.
-j\) '-"1 ,2007.
By:
(Signature)
""It" G' 11 ,.j
,"~~!J:u~'" lse. e Gonzarez
ti'A'~~COrnmiSSion #DD411849
-:;.;;~.....~~Expires: MAR. 27,2009
""'~~Ir.;\\" INWW .AARON NOTARY.com
APPLICANT:
"The terms "Business Relationship," "Client," "Customer," "Applicant," "Representative" and "Interested Person" are defined in
Section 2-395 of the Aventura City Code.
4.....
7/9/2007
MIAMI 1360630.1 7755327895
7/9/072:36 PM
10
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.
APPLICANT:
,..1 U L- i
,
,2007.
By:
(Signature)
'The terms "Business Relationship," "Client," "Customer," "Applicant," "Representative" and "Interested Person" are defined in
Section 2-395 of the A ventura City Code.
7/9/2007
MIAMI 1360630.1 7755327895
7/9/072:36 PM
11
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 -hi L'i ,2007.
By:
(Signature)
'The terms "Business Relationship," "Client," "Customer," "Applicant," "Representative" and "Interested Person" are defined in
Section 2-395 of the Aventura City Code.
"""~
7/6/2007
MIAMI 1360630.1 7755327895
7/6/079:46 AM
12
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" appl ble 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 ~ DAY OF _Jv L'1, ,2007,
APPLlCA~~_""
By: \...< D/'- (Signature)
Brian S, Adler I
Attorney
*The terms "Business Relationship," "Client," "Customer," "Applicant," "Representative" and "Interested Person" are defined in
Section 2-395 of the Aventura City Code,
7/6/2007
MIAMI 1360630.1 7755327895
7/6/079:46 AM
13
WITNESS MY HAND THIS _ DAY OF
,200_
REPRESENTATIVE: (Listed on Business Relationship Affidavit)
By: By:
Name: Name:
Title: Title:
By: By:
Name: Victorina Jimenez Name:
Title: Manaqer Title:
By: By:
Name: Brian S. Adler Name:
Title: Attorney Title:
By: By:
Name: Stanley B. Price Name:
Title: Attorney Title:
By: By:
Name: Name:
Title: 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.
7/11/2007
MIAMI 1360630.1 7755327895
7/11/0712:46 PM
14
WITNESS MY HAND THIS _ DAY OF
,200_,
,~
REPRESENTATIVE: (Listed on Business Relationship Affidavit)
By: By:
Name: Jacobo Cababie Name:
Title: Manaqer Title:
By: By:
Name: Victorina Jimenez Name:
Title: Developer Title:
By: ~. (5-- By:
, ~
/
Name: Brian S, Adler Name:
Title, A~ Title:
By: ~~ By:
.~,i~ Name: Stanley B, Price Name:
Title: Attorney Title:
By: By:
Name: Name:
Title: 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.
7/6/2007
MIAMI 1360630.1 7755327895
7/6/079:46 AM
14
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE}
NOTARIZATION PROVISION
"~
Before me, the undersigned authority, personally appeared JACOBO CABABIE 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 I 'L day of J lJ I Y
, 2007.
Jacobo Cababie, Developer
\\\tlllll G' 11 al
~,~~y. !'~~-=:. lSe e Ganz ez
;!:"A':~~CommiS8ion #DD411849
~.{~.....~~:Expires: MAR. 27) 2009
'~J/~~, :;;\" \}ll!!l'}I..:~ ~,P0 N NOTARY, co rr:
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE}
Notary Public lorida At Large
6l\se \l e G.OY\ l..c. \0
Printed Name of Notary 2 ..., ~ /'C.
My commission expires: . '" . V~ I
Before me, the undersigned authority, personally appeared VICTORINA JIMENEZ the Affiant, who being first
this Affidavit for the purposes stated therein and that it is true and correct.
SWORN TO AND SUBSCRIBED before me this \ 2... day of J J I '--I
- ,
,2007.
,,\\\t~'~I;/~, (j-:~ '_';'.' ",' ,','''' 'l
~""':...P......{h,...... 1.~t::1$;~ ,,_:,',i,,~:'.
..<:>~; ..<T~-:. . ..,
{~:' dh":~:Commission #DD4lJ
;~..~:~E .
-:-.!.-i....."#:~: ExplI'es: MAR., 27,200Q
'''''/~~I~\''' www.l~,},_ROL, U '--."f',;';~
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE}
Before me, the undersigned authority, personally appeared STANLEY B. PRICE, ESQ.
executed this Affidavit for the purposes stated therein and that it is true and correct.
~
SWORN TO AND SUBSCRIBED before me this 'I daYOf:IV\. \'1-,2007.
',~
:.~:;.>';' , '~'..-.. .. . 1 :"" .. .
~i:.A..;j ~~~;:3;O:U~,~'~~~;2~~~
.........;~ oi:f-,~" A . ~ N
"'"11I"\\ WWW~ON DTAXY.com
7/11/2007
MIAMI 1360630.1 7755327895
7/11/0712:44 PM
15
Victorina Jimenez, Developer
~
Notary Public State of Florida At Large
Gt\5e\\.e.. G.Cn'L.cJeJL
Printed Name of Notary I") ..,.., O~
My commission expires: ..:>. v I .
the Affiant, who being first by me duly sworn, did swear or affirm that he/she
Stanley B. Price, Esq.
Printed Name of Notary
My commission expires:
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STATE OF FLORIDA )
COUNTY OF MIAMI-DADE)
-----.-----------------------------------------------------.-----------------------------------------------------_.------_._---_.--------------~---------------------.------------------------------------------------
the Affiant, who being first by me duly sworn, did swear or affirm that he/she executed
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Before me, the undersigned authority, personally appeared BRIAN S. ADLER, ESQ
this Affidavit for the purposes stated therein and that it is true and correct.
SWORN TO AND SUBSCRIBED before me this U ~ay Of~, 2007.
"~
7J6/2007
MIAMI 1360630.1 7755327895
7/6/079:46 AM
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16
Brian S, Adler, Esq.
Printed Name of Notary
My commission expires:
ORDINANCE NO. 2008-_
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
AMENDING SECTION 31-171 (a)(6) "OFF-STREET
PARKING, LOADING AND DRIVEWAY STANDARDS" OF
THE CITY'S LAND DEVELOPMENT REGULATIONS TO
PERMIT MECHANICAL PARKING LIFTS TO BE COUNTED
AS REQUIRED PARKING SPACES SUBJECT TO CERTAIN
CONDITIONS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE; PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the City of Aventura is desirous of amending the City's Land
Development Regulations to provide for automated parking through the use of parking
lifts, robotic and mechanical parking systems, subject to certain conditions; and
WHEREAS, the City Commission has been designated as the Local Planning
Agency for the City pursuant to Section 163.3174, Florida Statutes; and
.-
WHEREAS, the Local Planning Agency has reviewed the proposed amendment
pursuant to the required public hearing and has recommended approval to the City
Commission; and
WHEREAS, the City Commission has held the required public hearings, duly
noticed in accordance with law; and
WHEREAS, the City Commission has reviewed the action set forth in this
Ordinance and has determined that such action is consistent with the Comprehensive
Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. Section 31-171(a)(6) of the City's Land Development Regulations is
hereby amended as follows 1:
"ARTICLE VIII. OFF-STREET PARKING, LOADING AND DRIVEWAY STANDARDS
Sec. 31-171. Off-street parking and loading standards.
(a) General. Every building, use or structure, instituted or erected after
the effective date of this chapter shall be provided with off-street parking facilities in
accordance with the provisions of this section for use of occupants, employees, visitors
1 Underlined provisions constitute proposed additions to existing text; stricken through provisions indicate
proposed deletions from existing text.
Ordinance No. 2008 -
Page 2
or patrons. Such off-street parking facilities shall be maintained and continued as an
accessory use as long as the main use is continued.
(6) Size and character oFf. required parking. The following design requirements
shall be obseNed for off-street parking:
a. Size; parking stalls. Each parking space required and provided pursuant to
the provisions of this article shall be not less than nine feet in width and 18 feet in
length, except as provided in Section 31-171(a)(6)i. ...
d. Accessibility. In all zoning districts, the width of accessory aisles and
driveways shall be substantially in conformance with the standards set for in figure 31-
171 (1). Every space shall be accessible without driving over or through another parking
space, except as provided in Section 31-171(a)(6)i. ...
,.~~
L Parkinq Lifts. For the purposes of this section, "parkinQ lifts" shall be defined
as an electro-hydraulic mechanism in a multifamily residential buildinq or in a non-
residential buildinQ that lifts a parked passenQer vehicle to make space available to park
a passenQer vehicle below it in a sinQle vertical tandem fashion. A parkinq lift space
may be counted as a parkinQ space required by Section 31-171(b), and shall not be
subiect to the minimum parkinq stall size requirements of Section 31-171 (a)(6)a.,
provided that all of the followinQ conditions are fulfilled:
1) A traffic queuinQ analysis shall be submitted by the owner of the buildinq for
parkinQ areas usinQ parkinQ lifts, for review and approval by the City
ManaQer, to ensure efficient processinQ times and queue lenqths. The
number of parkinq lifts permitted to be counted as required parkinQ spaces
shall be determined by the approved queuinQ analysis; and
2) All parkinQ lifts shall be located within a fully enclosed parkinQ qaraQe and
shall not be visible from exterior view. No outside parkinQ lifts shall be
permitted; and
3) ParkinQ lifts shall be permitted only when operated by an attendant or a
licensed and insured valet parkinQ company on a 24 hour/7 -days-a-week
basis, to be confirmed by Restrictive Covenant to be recorded by the
owner/applicant prior to establishment of the use; and
-
4) No resident, quest, patron or customer of the buildinq shall be permitted to
operate the parkinq lift. A physical barrier shall be placed in the parkinq area
to prohibit access to the parkinq lift area by residents, Quests, patrons or
customers of the buildinQ; and
Ordinance No. 2008 -
,,"'-....
Page 3
5) All parkinq lifts shall be maintained and kept in qood workinq order; and
6) The parkinq lift platform must be sealed and of a sufficient width and lenqth to
completely cover the bottom of the vehicle on the platform to prevent drippinq
liquids or debris onto the vehicle below; and
7) All lifts must be desiqned so that power is required to lift the car, but that no
power is required to lower the car, in order to ensure that the lift can be
lowered and the top vehicle can be accessed in the event of a power outaqe;
and
8) All parkinq lifts must be desiqned to prevent lowerinq of the lift when a vehicle
is parked below the lift; and
9) Ceilinq heiqhts of any parkinq level with parkinq lifts shall be sufficient to
accommodate all types of passenqer vehicles. Such required heiqht shall be
proposed in the traffic queuinq study and approved by the City Enqineer; and
10) Noise and vibration barriers shall be utilized to ensure that surroundinq walls
decrease sound and vibration emissions outside of the parkinq qaraqe.
i. No automated parkinq system, other than the parkinq lifts defined in Section
31-171(a)(6)i., shall be permitted as a required parkinq space unless first
approved as a conditional use by the City Commission at a public hearinq
followinq the procedures in Section 31-73 of the City Code.
Section 2. Severability. The provisions of this Ordinance are declared to be
severable and if any section, sentence, clause or phrase of this Ordinance shall for any
reason be held to be invalid or unconstitutional, such decision shall not affect the
validity of the remaining sections, sentences, clauses, and phrases of this Ordinance
but they shall remain in effect, it being the legislative intent that this Ordinance shall
stand notwithstanding the invalidity of any part.
Section 3. Inclusion in the Code. It is the intention of the City Commission, and
it is hereby ordained that the provisions of this Ordinance shall become and be made a
part of the Code of the City of Aventura; that the sections of this Ordinance may be
renumbered or relettered to accomplish such intentions; and that the word "Ordinance"
shall be changed to "Section" or other appropriate word.
Section 4. Effective Date. This Ordinance shall be effective immediately upon
adoption on second reading.
Ordinance No. 2008 -
Page 4
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 8th day of January, 2008.
Ordinance No. 2008 -
"~
Page 5
PASSED AND ADOPTED on second reading this 5th day of February, 2008.
SUSAN GOTTLIEB, MAYOR
ATTEST:
TERESA M. SOROKA, MMC
CITY CLERK
APPROVED AS TO L~IENCY
HfrwV I
CITY ATTORNEY
This Ordinance was filed in the Office of the City Clerk this _ day of February, 2008.
~,.
CITY CLERK
-~,,,,,,--
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
BY: Joanne Carr, AICP if?
Planning Director\......I\...._
TO: City Commission
FROM: Eric M. Soroka, I
City Manager
DATE: December 3,2007
SUBJECT: Proposed Amendment to Section 31-144(e) of the Land Development
Regulations to add display showrooms as a conditional use in the OP, Office
Park District (01-LDR-08)
""'~
January 8, 2008 Local Planning Agency Agenda Item '-if;
1st Reading January 8,2008 City Commission Meeting Agenda Item 1fi fl
2nd Reading February 5, 2008 City Commission Meeting Agenda Item .:!.P
RECOMMENDATION
It is recommended that the City Commission approve the request for an amendment to
Section 31-144(e) of the Land Development Regulations to add display showrooms with
those conditions listed in the ordinance as a conditional use in the OP, Office Park District.
THE REQUEST
The applicant, G & D Aventura, LLC, is requesting a revision to the Office Park (OP)
zoning district of the City's Land Development Regulations to add display showrooms as a
conditional use in that zoning district, with the following conditions:
1. Showrooms shall be established only in conjunction with a professional or
business office located within the same unit;
2. Showrooms shall be located only on the ground floor of a building;
3. Only samples related to the professional or business office use shall be
displayed in the showroom;
4. The samples displayed in the showroom shall not be sold to end users;
5. Inventory shall not be stored in the showroom;
6. Samples delivered to the showroom shall be utilized for display purposes
only;
7. Samples shall not be delivered to or from the showroom for use by end users;
8. Samples delivered to the showroom for display purposes shall only be
delivered to the showroom within normal business hours of the office building
in which the showroom is located.
(See Exhibit #1 for Letter of Intent)
DESCRIPTION OF THE PROPOSED AMENDMENT
The amendment proposed to Section 31-144( e) of the Land Development Regulations is
the following addition in underlined text:
"Sec. 31-44. Business Zoning Districts...
(e) Office Park (OP) District
(2) Conditional uses: The following uses if first approved as a conditional use:
h. Display Showroom, subiect to all of the followinq conditions:
1. Showrooms shall be established only in coniunction with a professional or
business office located within the same unit; and
2. Showrooms shall be located only on the qround floor of a buildinq; and
3. Only samples related to the professional or business office use shall be
displayed in the showroom; and
4. The samples displayed in the showroom shall not be sold to end users; and
5. Inventory shall not be stored in the showroom; and
6. Samples delivered to the showroom shall be utilized for display purposes
only. and
7. Samples shall not be delivered to or from the showroom for use bv end users;
and
8. Samples delivered to the showroom for displav purposes shall onlv be
delivered to the showroom within normal business hours of the office
buildinq in which the showroom is located.
2
p-...,
ANAL YSIS
The Office Park (OP) zoning district is intended to provide for high-quality, semi-
professional and professional offices in a campus setting reflecting creative design and
environmentally compatible use of space and perimeter buffer areas. Permitted uses
include business and professional offices, dental and medical offices, banks, restaurants,
hotels and accessory uses. Conditional uses include business-related schools,
pharmacies, marine industry uses, automobile parking garages and all permitted uses in
the Community Facilities District. Prohibited uses in this zone are residential uses, adult
entertainment, retail and non-marine industrial uses.
The applicant is requesting amendment to the Land Development Regulations to permit a
furniture display showroom as a conditional use in the Office Park (OP) zoning district. In
this case, the proposed showroom is proposed in a ground level space within a
professional office condominium building. Samples of furniture will be displayed, with no
sales from the unit and no inventory on site. The space will include an office area. The
proposed use conditions will prohibit retail sales from the showroom but allow a business
office to display its design samples to clients.. As there will be no retail sales from the
unit, the proposed amendment does not conflict with the prohibited uses in this zone.
,><i<l......
If the requested amendment to the Land Development Regulations is approved, the
applicant will require conditional use approval at a public hearing prior to establishing the
display showroom use. The use will need to comply with the location and use conditions
for display showrooms and will also need to meet the standards of review for approval of
conditional uses found in Section 31-73 of the City Code.
Standards for reviewing proposed amendments to the text of the LOR:
1. The proposed amendment is legally required.
The proposed amendment is legally required to implement the requested revision to
the Code.
2. The proposed amendment is consistent with the goals and objectives of the
Comprehensive Plan.
The proposed amendment is consistent with the goals and objectives of the
Comprehensive Plan. The future land use designation for properties zoned Office
Park (OP) District is Business and Office. The intent of the Business and Office land
use category is described in the Future Use Element of the City's Comprehensive Plan.
It accommodates retail, personal and professional services, commercial and
professional offices, hotels, motels, hospitals, medical buildings, entertainment and
cultural facilities, amusements and commercial recreation establishments. The
Business and Office land use category then further provides that the specific range and
intensity of these listed uses is dependent upon the provision of the applicable land
development regulations which serve to implement the Comprehensive Plan. The
3
".';,~
proposed amendment to allow a display showroom as a conditional use in the Office
Park (OP) District is consistent with the intent of the Business and Office land use
category.
3. The proposed amendment is consistent with the authority and purpose of the LDRs.
The proposed amendment is consistent with the authority and purpose of the Land
Development Regulations. "The purpose of the LDRs is to implement further the
Comprehensive Plan of the City by establishing regulations, procedures and standards
for review and approval of all development and uses of land and water in the City.
Further, the LDRs are adopted in order to foster and preserve public health, safety and
welfare and to aid in the harmonious, orderly and progressive development and
redevelopment of the City..." The proposed amendment is consistent with this
purpose.
4. The proposed amendment furthers the orderly development of the City.
The proposed amendment furthers the orderly development of the City.
5. The proposed amendment improves the administration or execution of the
development process.
",..........
The proposed amendment improves the administration or execution of the
development process in that it provides for evaluation of display showrooms as a
conditional use in the Office Park (OP) District.
4
Greenberg
Traurig
Clifford A. Schulman
(305) 579-06] 3
Direct Fax: (305) 96]-5613
E-Mail schulmanc@gtlaw.colll
<t~
October 1, 2007
Ms. Joanne Carr
Planning Director
City of A ventura
19200 West Country Club Drive
Aventura, Florida 33180
r.OIlWIINlry DEVELO.2MENT .
Proposed Amendment to the A ventura Lad'<f'UeVelopment RegulatIOns to
Include Display Showrooms as a Conditional Use in the Office Park ("OP")
District / Letter of Intent
Exhibit #1
01-l0R-OS
OCT - 1 2007
Re:
Dear Ms. Carr:
.'Ii..........
On behalf of G&D Aventura, LLC, ("Applicant"), I respectfully submit the enclosed
Application to Amend the Land Development Regulations so as to permit a Display Showroom in the
Office Park ("OP") District. A Display Showroom, subject to the limiting conditions provided in the
ordinance, is similar to many of the other uses which are already permitted in the OP district. The
samples which will be displayed in the showrooms would be specifically limited to new samples for
display purposes only and no sales to the "end user" would be permitted. Furthermore, a specific
prohibition on storage of inventory, as well as, deliveries to and from the showroom is included in
the proposed ordinance and will protect the District from uses which are not similar.
In the instant case, the Applicant is proposing a Furniture Showroom that will meet the
criteria and limiting conditions set forth in the Ordinance. The Applicant proposes to display only
new furniture that will not be sold to the end user and will not store any inventory on site.
Furthermore, samples delivered to the showroom will be used for display purposes only and
deliveries of the samples will only take place outside of the normal business hours of the office
building.
We submit that the Application for amendment to the land development regulations satisfies
the applicable review criteria, and respectfully request that you favorably consider our request and
schedule this application for the next available agenda of the A ventura City Commission. If you have
any questions or would like to discuss this matter further, please contact me at 305-579-0613. Thank
you for your attention to this matter.
Sincerely,
cc: Mr. Fernando Levy-Hara
Javier F. A viM, Esq.
#~
MIA 179752976v1 9/27/2007
Greenberg Traurig, P.A. I Attorneys at Law /1221 BrickellAvenue I Miami, FL 33131 I Tel 305.579.0500 I Fax 305.579.0717 I www.gtlaw.com
APPLICANT REPRESENTATIVE AFFIDAVIT
~-",~
Pursuant to Section 3 I -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. Ete.)
Clifford A. Schulman
Attornev
Javier F. Aviiia
Attornev
(Attach Additional Sheets If Necessary)
NOTICE: ANY STATEMENT OR REPRESENTATION MADE BY ANY PERSON LISTED ON THE APPLICANT
REPRESENT A TlVE AFF'IDA VIT 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 TlMEL V SUPPLEMENT THIS AFFIDA VIT PURSUANT TO SEe. 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 T CITV BOARD OR COMMISSION,
THE INFORMATION PROVIDED IN THE AFFIDAVIT BECOMES ORRECT OR INCOMPLETE.
WITNESS MY HAND THIS Zk DAY OF <;. >-1:,,- ,-b.~ "-
(Signature)
AUTHORIZED REPRESENT A TIVE OF APPLICANT: R
By: XBy
(Print)
ignature)
Name: Fernando Levv-Hara
(Print)
Name:
Title:
Title:
Address:
Address:
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE)
ed representative of the
om, did swear or affirm that
x
L~VJ'- NA
Before me the undersigned authority personally appeared (c;.fl.JJAw/)v '.is the aut
Applicant and/or the owner of the property subject to the application, who being first by me dul
he/she executed this Affidavit for the purposes stated therein and that it is true and ~rrect.
>=.
'AFFIANT
SWORN TO AND SUBSCRIBED BEFORE ME this26day of S~PrYJ(Jtd2., 200-
~-,..-...-,
o ry u lie State of Florida At Large
Printed Name of Notary ~6t AwJ>1o HMTZV.
My commission expires: 6/11/2.011
/
.""i~
8/28/2007
10
o~~y..~ Notary Public State of Florida
~ I': Alejandro Martin
~ c ,,,; My Commission 00684438
~Off\.~ Expires 06/11/2011
_.A""'~ .",,-_ A..,-,"",,^^
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)
IX ] 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.
[ J 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;
APPLICANT:
X By:
Name:
Title:
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.
W1TNE
HAND THIS Zt.;, DA Y OF ~)-\ Ch\..h..::.~ ,200"1.,
(Signature)
(Print)
(print)
WITNESS MY HAND THIS
DAY OF
,200_,
PROPERTY OWNER:
By:
Name:
Title:
(Signature)
(Prim)
(Print)
*The terms "Business Relationship, " "Client, " "Customer, " "Applicant, " "Representative" and "Interested Person"
are defined in Section 2-395 of the A ventura City Code.
8128/2007
11
My commission expires:
WITNESS MY HAND THIS DA Y OF ,200_.
is ed on Business Relationship Affidavit)
By: By: (Signature
Name: Clifford Schulman (Print) Name: (Print)
Title: Attornev (Print) Title: (Print)
BY~ignQ,",e) By: (Signature
Name: (Print)
Na . ler A vino (Print)
Title: Attome (Print) Title: (Print)
'X By: (Signature) By: (Signature
(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 ofthe application by the City Board or Commission, the information provided in the
Affidavit becomes incorrect or incomplete.
8/28/2007
13
NOT ARIZA nON PROVISION
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE)
SWORN TO AND SUBSCRIBED before me this .-L day of
first by me duly sworn, did swear or
Before me, the undersigned authority, personally appeared Clifford Schulman the Affiant, w
affirm that he/she executed this Affidavit for the purposes stated therein and that it is true and correct
ST ATE OF FLOR IDA )
COUNTY OF MIAMI-DADE)
R. GON LEZ
(, , Notary Public - State of Florida
s< ' , Expires Sap 17,2010
~_-':>' .,~~ CominiSSion"irocfS53"f29------
-";:f,Nf,df.'" Bonded By National Notary Assn.
,<~~'!nl'...~-""..,.....t1P:'"
Before me, the undersigned authority, personally appeared Javier Avino the Affiant,
swear or affirm that he/she executed this Affidavit for the purposes stated therein a d that it is tM
first by me duly sworn, did
Printed Name of N
My commission expires:
~RJSOl R. GONZALEZ
N Public . State of Florida
. . Expires Sep 17, 2010
. ion # DO 553129
ad By National Notary Assn.
,.,~ ....... ~ -,,~ .,.,._17 -t);.. ~rW"'"
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE)
SWORN TO AND SUBSCRIBED before me this?::k. day of [;eprEnIJ?I2.200]-
~V'V'
~.,s:t~-~ Notary Public State of Florida
~ t '1: Alejandro Martin
':1 c ~ My Commission 00684438
~o,....;I' Expires 06/11/2011
__ __.~c:^-:c~:::.~_____ __
the Affiant, who being first by me duly sworn, did
rue and correct.
Before me, the undersigned authority, personally appeared Fernando Lev
swear or affirm that he/she executed this Affidavit for the purposes stated therein and t
'I.
_..--'~'-"'.-
x
ST ATE OF FLORIDA )
COUNTY OF MIAMI-DADE)
Before me, the undersigned authority, personally appeared the Affiant, who being first by me duly swom,
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
8/28/2007
'2
ORDINANCE NO. 2008-
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
AMENDING SECTION 31-144(e) "OFFICE PARK (OP)
DISTRICT" OF THE CITY'S LAND DEVELOPMENT
REGULATIONS TO PERMIT DISPLAY SHOWROOMS AS A
CONDITIONAL USE SUBJECT TO CERTAIN CONDITIONS;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
INCLUSION IN THE CODE; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City of Aventura is desirous of amending the City's Land
Development Regulations to permit display showrooms as a conditional use in the
Office Park (OP) District, subject to certain conditions; and
WHEREAS, the City Commission has been designated as the Local Planning
Agency for the City pursuant to Section 163.3174, Florida Statutes; and
WHEREAS, the Local Planning Agency has reviewed the proposed amendment
pursuant to the required public hearing and has recommended approval to the City
Commission; and
WHEREAS, the City Commission has held the required public hearings, duly
noticed in accordance with law; and
WHEREAS, the City Commission has reviewed the action set forth in this
Ordinance and has determined that such action is consistent with the Comprehensive
Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. Section 31-144(e) of the City's Land Development Regulations is
hereby amended as follows 1:
"Sec. 31-44. Business Zoning Districts
(e) Office Park (OP) District.
1 Underlined provisions constitute proposed additions to existing text; stricken through provisions indicate
proposed deletions from existing text.
Ordinance No. 2008 -
Page 2
(2) Conditional use. The following uses if first approved as a conditional use:
h. Display Showroom, subiect to all of the followinq conditions:
1. Showrooms shall be established only in coniunction with a professional or
business office located within the same unit; and
2. Showrooms shall be located only on the qround floor of a buildinq; and
3. Only samples related to the professional or business office use shall be
displayed in the showroom; and
4. The samples displayed in the showroom shall not be sold to end users;
and
5. Inventory shall not be stored in the showroom; and
6. Samples delivered to the showroom shall be utilized for display purposes
only. and
7. Samples shall not be delivered to or from the showroom for use by end
users; and
8. Samples delivered to the showroom for display purposes shall only be
delivered to the showroom within normal business hours of the office
buildinq in which the showroom is located.
Section 2. Severability. The provisions of this Ordinance are declared to be
severable and if any section, sentence, clause or phrase of this Ordinance shall for any
reason be held to be invalid or unconstitutional, such decision shall not affect the
validity of the remaining sections, sentences, clauses, and phrases of this Ordinance
but they shall remain in effect, it being the legislative intent that this Ordinance shall
stand notwithstanding the invalidity of any part.
Ordinance No. 2008 -
,.,.....-.,.
Page 3
Section 3. Inclusion in the Code. It is the intention of the City Commission, and
it is hereby ordained that the provisions of this Ordinance shall become and be made a
part of the Code of the City of Aventura; that the sections of this Ordinance may be
renumbered or relettered to accomplish such intentions; and that the word "Ordinance"
shall be changed to "Section" or other appropriate word.
Section 4. Effective Date. This Ordinance shall be effective immediately upon
adoption on second reading.
The foregoing Ordinance was offered by Commissioner
who moved its adoption on first reading. 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
Ordinance No. 2008 -
Page 4
PASSED on first reading this 8th day of January, 2008.
PASSED AND ADOPTED on second reading this 5th day of February, 2008.
SUSAN GOTTLIEB, MAYOR
ATTEST:
TERESA M. SOROKA, MMC
CITY CLERK
APPRNS;;;;E~CY.
CITY ATTORNEY
This Ordinance was filed in the Office of the City Clerk this _ day of February I 2008.
CITY CLERK
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO:
City Commission
FROM:
Eric M. Soroka, ICMA-CM, City
)3-(,
DATE:
January 29,2008
SUBJECT: Ordinance Establishing Transportation Mitigation Impact Fee
In order to provide adequate time to address concerns expressed by representatives of
the development community, it is recommended that the item be deferred to the March
4, 2008 Commission Meeting.
If you have any questions, please feel free to contact me.
EMS/act
Attachment
CC01614-08
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
FROM: Eric M. Soroka, I
City Manager
/
BY ~~:~~~gC~:~~~or [ie
TO: City Commission
DATE: December 6,2007
SUBJECT: Establishment of a Transportation Mitigation Impact Fee and Schedule of
Fees for Development Activity to support mobility within the City of Aventura
(01-IFS-07)
January 8, 2008 Local Planning Agency Agenda Item He
-. 1st Reading January 8,2008 City Commission Meeting Agenda Item 2..c...
2nd Reading February 5, 2008 City Commission Meeting Agenda Item i.G
RECOMMENDATION
It is recommended that the City Commission adopt an ordinance to establish a
Transportation Mitigation Impact fee and schedule of fees for Development Activity to
support mobility within the City.
THE REQUEST
City staff is requesting adoption of an ordinance to establish a Transportation Mitigation
Impact fee and schedule of fees for Development Activity to support mobility within the
City.
BACKGROUND
Section 163.3177 of the Florida Statutes enacts transportation concurrency, which
provides that public facilities and services needed to support development shall be
available concurrent with the impacts of development. The legislature recognized,
however, that there are areas where construction of new or expanded roadways is not
possible. The legislature therefore made provision for exceptions to transportation
concurrency called Transportation Concurrency Exception Areas. In these exception
areas, the development may not be required to demonstrate compliance with Level of
,~
Service Standards for roads if the development is otherwise consistent with the
Comprehensive Plan, is a project that promotes public transportation or is within an area
designated for urban infill development and the local government has adopted into its
Comprehensive Plan strategies to support and fund mobility within the exception area.
The City of Aventura was designated as a Transportation Concurrency Exception Area
through adoption of its Comprehensive Plan in December of 1998. The City has adopted
into its Comprehensive Plan strategies to support and fund mobility.
Policy 1.12 of Objective 1 of the Transportation Element in our Comprehensive Plan states
that the City will develop impact fees and other methods by which developers can mitigate
impacts to our transportation system by contributing funds for alternative modes of
transportation, particularly the expansion, operation and maintenance of our Aventura
Express bus service. (2005 EAR based amendments approved January 9, 2007)
Since approval of the EAR based amendments, City staff has been working with Dr.
James Nicholas, the consultant selected to prepare a Transit Impact Fee Study to satisfy
the comprehensive plan policy. Dr. Nicholas has extensive experience with impact fees
and impact fee studies. The Impact Fee Study entitled "A Program of Transportation
Mitigation" and Dr. Nicholas' resume are attached.
The Transportation Mitigation Study finds that the City of Aventura can accommodate the
mobility needs of new development by the expansion of the Aventura Express with the
payment of a transportation mitigation impact fee and recommends that the City adopt
such a fee to support mobility in the City through the use of mass transit. The following
table of fees is recommended according to type of use:
TRANSPORTATION MITIGATION PER UNIT
CITY OF AVENTURA
Land Use (Unit of Measure) Persons Cost per Unit
per Unit of Measure
of
Measure
Residential (per Dwelling Unit) 0.972 $1,320.70
Office (per 1 ,000 FT2) 1.557 $2,115.94
Retail (per 1,000 FT2) 2.203 $2,993.95
Industrial (per 1,000 FP) 1.324 $1,799.30 .
Institutional & Other (per 1,000 FT2) 2.396 $3,255.14
2
...........
Impact fees would be collected prior to issuance of a building permit, similar to collection of
other impact fees such as police and park impact fees. The ordinance provides for
exemptions from the fee for alterations, expansion or replacement of existing buildings
where the use is not changed and the number of dwelling units or square footage is not
increased. Government and public facilities used for governmental purposes are exempt
from the fee including Federal, State, County, City, School Board and Waste Management
facilities. All funds collected will be accounted for in the Transportation and Street
Maintenance Fund.
ANAL YSIS
The establishment of impact fees is governed by Section 163.31801 of the Florida
Statutes. The attached ordinance has been drafted to comply with the provisions of that
Section. The calculation of the impact fee is based on the most recent and localized data,
provision is made for accounting and reporting of impact fee collections and expenditures
through the Transportation and Street Maintenance Fund and published notice will be
made no less than 90 days before the effective date of the ordinance.
If adopted, the ordinance provides that it will be effective 90 days following publication of
notice of adoption.
3
A Program of Transportation
Mitigation
Prepared for the
City of Aventura
By
James C. Nicholas, PhD
August 15, 2007
Executive Summary
The City of Aventura wishes to consider an option to support the Transportation
Concurrency Exception Area (TCEA), which is part of the Aventura Comprehensive
Plan. The City of Aventura is largely built-out with few if any opportunities to construct
new roads or to expand existing roads. While the opportunities to construct expanded
roadways is limited, there is a continuing need for additional mobility within Aventura to
meet the needs of residential and business developments in this City.
The City of Aventura has developed and provides a system on transit known as the
Aventura Express. This is a system of bus routes that is provided to residents and non-
residents alike without charge. The objective of the Aventura Express is to provide
mobility by means of busses and thus avoid the need to expand roadways or to suffer
increased traffic congestion in the absence of such expansion.
i"~
Florida law requires that new developments achieve and maintain adequate levels of
transportation service as a prerequisite to development. This is commonly referred to
as "transportation concurrency." When this law was passed it was recognized that
such a policy would not be sensible in all situations. Aventura is one of those situations.
Accordingly, the entirety of the City of Aventura has been designated a TCEA.
The law requires local governments with TCEAs to develop means to support the
TCEAs that will promote public transit. The net effect is to allow developers to
contribute to public transit when achieving transportation concurrency by traditional
means is not possible or is impractical. Such a program is presented herein.
This report finds that the City of Aventura can accommodate the mobility needs of new
developments by the expansion of the Aventura Express with the payment of a
transportation mitigation fee. The amounts of the fees for various land uses are:
CIRCULATOR MITIGATION PER UNIT
CITY OF AVENTURA
Land Use and Unit Persons Cost per Unit
per Unit
Residence per Dwellinq 0972 $1,320.70
Office per 1,000 FP 1557 $2,115.94
Retail per 1 ,000 FP 2.203 $2,99395
Industrial per 1,000 FT2 1.324 $1,799.30
Institutional & Other per 1,000 FP 2396 $3,25514
These mitigation fees represent a proportionate share of the City's costs to extend
additional mobility to new development by means of the Aventura Express.
Transportation Mitigation
August 15, 2007
Page 1
~,
Therefore it is recommended that the City of Aventura move ahead to adopt the
calculated Circulator Mitigating Fees, the objective of which is to support mass transit
within the City of Aventura and thus support the City's policy of transportation
concurrency exception.
Transportation Mitigation
August 15, 2007
Page 2
A. The Need for Movement
Progress requires the ability to move people and goods through economic space.
Within a 21st Century United States, the accommodation of additional movement
commonly involves providing infrastructure for additional vehicular traffic. The fact that
this is a common means of accommodating the need for movement does not mean that
it is the only means or that it is necessarily the best means.
Adam Smith pointed out that the wealth of nations would result from the unrestrained
interplay of the forces of supply and demand.1 He built upon the pioneering work of a
school of philosophers known as the French Physiocrats2 The Physiocrats are the
ones that gave the world the maxim:
"laissez taire, laissez aller, laissez passer"
Translated, this means "let do, let go, let pass." Many have chosen to interpret this to
simply mean that government should leave businesses alone to make the products that
they wish. However, the issue of movement is prominent. The broader interpretation is
to allow things - goods, services and people - to move about and to pass (through).
Dr. Smith popularized this in English when he advised that the "division of labour is
limited by the extent of the market.,,3 Smith was focusing here on the great economic
importance of the ability to move goods and people and that the extent of economic
development in limited by the relative ability to move goods and people. Movement of
goods and people is essential to economic prosperity or, as Adam Smith put it, to the
wealth of nations.
In the United States there have been ~reat public investments in all forms of
transportation. The canals of the early 19 h century were followed by rail roads that
opened up the nation. The dominant forms of transportation in the 20th Century have
been highways and air. These investments were funded by all levels of governments;
federal, state and local. The result has been unprecedented economic growth and
prosperity. The nature and form of transportation has changed over time. One would
expect for this to continue in the future.
While the means and technology of transportation has changed, one thing that has not
changed is the critical need for the movement of people and goods. If goods or people
cannot be efficiently moved, prosperity will wane and eventually cease. One of the
roles of planning is to identify a community's need for mobility and to meet those needs
1 Adam Smith, The Wealth of Nations,
2 This school of thought was led by Fran<;ois Quesnay, who wrote the Tableau
Economique, in 1759
3 Wealth of Nations, op cit
Transportation Mitigation
August 15, 2007
Page 3
in a timely and efficient manner. For much of urban American the need for movement
has served with streets and highways. Increasingly alternative means of providing
movement are being sought and provided. Public transit together with non-vehicular
modes are being proposed as the cost and the consequellces of the tradition streets
and highways solutions rise and become unacceptable.
B. The Need for Transportation in Florida
The State of Florida recognizes the integral role that the ability to move goods and
people plays in the economic success of the state and places within the state.
Accordingly, the Legislature enacted "transportation concurrency" into law;
"It is the intent of the Legislature that public facilities and services needed to support
development shall be available concurrent with the impacts of such development. 4
There are five public services subject to mandatory concurrency:
. Water and sewer service;
· Solid waste collection and disposal;
. Parks and recreation;
. Public schools;5 and
. Transportation.
These facilities must be adequately provided if development is to be allowed to
proceed. In many instances the attainment of transportation concurrency is achieved
through the construction or expansion of streets and highways. However, there are
frequent instances where the construction of new or expanded roadways is not possible
or is impractical. The Legislature foresaw such instances:
(5)(a) The Legislature finds that under limited circumstances dealing with transportation
facilities, countervailing planning and public policy goals may come into conflict with the
requirement that adequate public facilities and services be available concurrent with the
impacts of such development. The Legislature further finds that often the unintended
result of the concurrency requirement for transportation facilities is the discouragement of
urban infill development and redevelopment. Such unintended results directly conflict with
the goals and policies of the state comprehensive plan and the intent of this part.
Therefore, exceptions from the concurrency requirement for transportation facilities may
be granted as provided by this subsection.
~""~
4
Chapter 1633177(10)(h), Florida Statutes
5 Not effective until January 2008
Transportation Mitigation
August 15, 2007
Page 4
(b) A local government may grant an exception from the concurrency requirement for
transportation facilities if the proposed development is otherwise consistent with the
adopted local government comprehensive plan and is a project that promotes public
transportation or is located within an area designated in the comprehensive plan for
1. Urban infill development . 6
Aventura is one of the places where an alternative means of providing movement is
needed. There are few if any economically feasible street and highway options that will
accommodate additional vehicles on Aventura's streets. The City has been designated
a TCEA in 1998. Thus new developments within Aventura are exempt from the
concurrency provisions of the statute.7 However, the statute established the promotion
of public transportation as a prerequisite for such a concurrency exemption. In
response to this requirement, the City has proposed the following policies to support the
TCEA designation:
Policy 1.8. The City of Aventura shall continue to identify projects to support
and fund mobility, enhance alternative modes of transportation, and ensure
connectivity in its Capital Improvement Program. . . a
Policy 1.9. The City of Aventura . . . shall evaluate the impact of proposed
development and redevelopment on its transportation system, Strategic Intermodal
System facilities, and the adopted level of service standards of transportation
facilities, and identify strategies to alleviate or mitigate such impacts in coordination
with the developer and other agencies as appropriate.9
Policy 1.11. The City of Aventura shall, by ordinance, include proportionate fair
share mitigation options in its concurrency management program. ... The intent of
these options is to provide for the mitigation of transportation impacts through
mechanisms that might include, but are not limited to, private funds, public funds,
contributions of land, and the contribution of facilities.1o
Policy 1.12. By 2007, or at the earliest feasible date, the City of Aventura will
develop impact fees and other methods by which developers can mitigate impacts to
the transportation system by contributing funds for alternative modes of
6 163 3180, Florida Statutes.
~-
7 While new developments in Aventura are exempted from transportation concurrency, developers are
required to make safety improvements, such as acceleration or deceleration lanes, or intersection
improvements when the staff review of site plans shows that such improvements are need to protect
public health, safety or welfare
8 City of Aventura, Ordinance No 2007 - 01, page 20
9 City of Aventura, Ordinance No 2007 - 01, page 20.
10 City of Aventura, Ordinance No 2007 - 01, page 20
Transportation Mitigation
August 15, 2007
Page 5
transportation, particularly the expansion, operation and maintenance of the
Circulator System.11
The thrust of these policies is to permit new development to proceed while still
maintaining an appropriate level of transportation service by having developers
mitigating their impacts on traffic circulation within Aventura. This mitigation would be in
the form of contributing toward the Circulator System. The result would be that the
increased demand for mobility resulting from new development or redevelopment within
Aventura would be satisfied by the Circulator System rather than by expansion of
Aventura's streets and highways. Thus, Aventura proposes to support its policy of
transportation concurrency exception, and thus exempting new developments from
transportation concurrency, if those new developments promote public transportation by
payment of the mitigation fee.
The only means of public transportation known that can constitute an alternative mode
of transportation within Aventura is the Circulator System. Section 163.180(5) provides
a means for Aventura to structure a program of transportation mitigation that will allow
developments to proceed while also advancing the mobility of the community. This
Section provides that:
d) A local government shall establish guidelines in the comprehensive plan for granting
the exceptions . . . which must be consistent with and support a comprehensive strategy
adopted in the plan to promote the purpose of the exceptions.
(e) The local government shall adopt into the plan and implement strategies to support
and fund mobility within the designated exception area, including alternative modes of
transportation. The plan amendment shall also demonstrate how strategies will support
the purpose of the exception and how mobility within the designated exception area will be
provided.
The proposed changes to the Aventura Comprehensive Plan, cited above, are the
implementation strategies that are the prerequisite for the granting of transportation
concurrency exceptions. In order to implement these policies it is necessary to develop
and implement a program to support the TCEA. The following section will set out such a
program.
-~
11 City of Aventura, Ordinance No 2007 - 01, page 21
Transportation Mitigation
August 15, 2007
Page 6
c. A Transportation Mitigation Program
The objective of an Aventura Transportation Mitigation Program is to support and fund
the City's Circulator System so that the Circulator System can satisfy the need for
enhanced mobile as the City continues to grow.
New residential and non-residential developments within Aventura will contribute to the
need for increased mobility. New residences will bring additional people that will live,
shop, recreate and work in or around the City. Each of these activities will require
mobility. Additionally, new non-residential developments will attract additional
shoppers, employees, customers and recreators to and within Aventura. Both types of
developments will cause a need for enhanced mobility.
A mitigation program will involve the payment of a fee that offsets the costs of
accommodating the mobility impacts of new residential and non-residential
developments with the Circulator System of the City of Aventura. The first step in
developing a mitigation fee is to quantitatively define the Circulator Service. Table 1
provides the first part of this definition. At present the Circulator System is 354,860
passenger seats per year. These seats are provided within 5 routes, running 10 times
per day on weekdays and 13 times on weekends.
Table 1
CIRCULATOR SERVICE
CITY OF AVENTURA
Routes Runs Seats Seats Seats
per Day per Year
Weekday , 5 10 22 1,100 280,500
Weekend 5 13 22 1,430 74,360
TOTAL 1,155 354,860
SOURCE City of Aventura, February 2007
",~
The Circulator System serves the residents of and visitors to Aventura. Our convention
is to define a population of a place, such as Aventura, as the number of people who
reside within the borders of that place. This definition is fine for purposes of voting but it
is not acceptable for purposes of defining a population of people served by services
such as police and fire protection, or Aventura's Circulator System. The population
served by the Circulator System is the number of people within Aventura no matter if
they are permanent residents, seasonal residents, employees of businesses or patrons
of those businesses within Aventura. The population served is the functional
population. These people are served by the Circulator even if they don't ride it. They
are served by diverting those that do ride the busses from the streets, thereby creating
capacity for those that prefer driving to bus riding. Additionally, businesses are served
even if the owners of the businesses do not ride the busses because the busses bring
their employees and customers to and from those places of business.
Transportation Mitigation
August 15, 2007
Page 7
The functional population of an area is the number of people than can be expected to
be present at businesses, residences, schools, parks, churches or the myriad of other
places that people go or congregate. The number of people within Aventura's
functional population is shown in Table 2. These are the people served by the City of
Aventura.
Table 2
SERVICE AREA POPULATION
CITY OF AVENTURA
Resident Functional
, Residential Population 28,207 14, 1 04
Peak Population 40,336 7,277
Visitors to
Offices 2,892
Retail 15,134
Industrial 532
Institutional i 1,849
TOTAL 41,788
SOURCES 2000 Census of the Population, Table 3
Table 3 shows the derivation of the functional population. These calculations use
Miami-Dade County as the base for the calculations. Counties are used because
employment data is not reported for geographic areas smaller than counties. Vehicular
trip generation rates 12 are used to identify the total number of people present at a site.
Employment data are used to identify how many of those persons present are
employees, with the remainder being visitors. The ratios of persons per 1,000 feet of
floor area for Miami-Dade County are applied to non-residential floor area within
Aventura to estimate Aventura's functional population at non-residential areas.
Because many of the people present at and assigned to non-residential areas of
Aventura are the occupants of residences within Aventura, it is necessary to adjust the
population assigned to residences to avoid double counting those persons. This is
done on a time allocation basis. Table 3 shows the Miami-Dade County and Aventura
allocations, resulting in a functional population of 41,788 for Aventura.
12 As reported by the Institute for Transportation Engineers, Trip Generation, ih Edition,
2003.
Transportation Mitigation
August 15, 2007
Page 8
Table 3
FUNCTIONAL POPULATION
CITY OF AVENTURA
Aventura Miami-Dade
Land Use I Floor Area Persons at Site Floor Area I Persons at
I i Site
Non-Residential
Office 1,857,080 2,892 91,889,361 143,096
Retail 6,868,173 15,134 185,691,556 409,164
Industrial 401,883 , 532 182,695,376 241,930
Institutional & 771,833 I 1,849 124,193,781 297,529
Other I
Full time Residences 14,104 1,189,909
Seasonal Residences 7,277 98,191
TOTALS 9,898,969 41,788 584,470,074 2,379,81 B
Table 4 shows the functional population of Aventura in terms of persons per unit of land
use; 1,000 square feet of floor area for non-residential developments and the dwelling
unit for residential development. Recall that many of the residents on Aventura are also
the employees and patrons of the businesses within Aventura, thus the relatively low
functional population assigned to residences.
Table 4
FUNCTIONAL POPULATION PER UNIT
CITY OF A VENTURA
Land Use Persons Units Population
at Site per Unit
Office - 1 ,000 FT2 2,892 1,857,080 1.557
Retail 1 ,000 FP 1 5, 1 34 6,868,173 2.203
Industrial 1,000 FP I 532 401,883 1324
Institutional & Other -1,000 FT2 1,849 771,833 2,396
Residences - Dwellinq 21,381 20,782 0.972
TOTAL 41,788
The annual cost per seat for Circulator Service is shown in Table 5. The cost from
Table 5 is used to calculate a per capita cost, using functional population, of the
Circulator System for the present year and as a present value of future costs.
Table 5
CIRCULATOR COST PER SEAT
CITY OF AVENTURA
Da
Bus Hours er 53
Cost er Hour 44
Cost er $2,310
SOURCE City of Aventura, Budget for FY 2006-07
Year
16,380
$44.00
$720,720
Transportation Mitigation
August 15, 2007
Page 9
The level of service provided or expected to be provided in the future is 0.0276 seats
per capita per year. The costs shown in Table 7 are the costs of continuing this level of
service as the City continues to develop.
Table 6
CIRCULATOR LEVEL OF SERVICE
CITY OF A VENTURA
41,788
0.0276
The basic annual cost of $6,552 per seat is reduced by 51 % to reflect the allocation of
funds to Aventura's Circulator System from Miami-Dade County's Transit System
Surtax. These calculations assume that this surtax and the allocation to Aventura will
continue for the next 25 years.
Cost per Route $144,144
Seats per Route 22 !
Cost per Seat $6,552
Paid by County Transit System Surtax 51%
I Net Cost to City per Seat $3,231
I Level of Service 0.0276
Cost per Capita $89.29
Years 25.00
Discount Rate 4.25%
Present Value $1,359
Table 7
CIRCULATOR COST PER CAPITA
CITY OF A VENTURA
The Circulator System mitigation cost per unit of development is shown in Table 8.
These costs, assessed as an alternative to transportation concurrency, should recoup
the City of Aventura's costs of meeting the need for mobility with the City's Circulator
System. The total costs to the City have been adjusted for the availability of other funds
to pay this cost. As such, the amounts shown represent a proportionate share of the
City of Aventura's costs of meeting the needs of additional residential and non-
residential development by means of the City's Circulator System.
Transportation Mitigation
August 15, 2007
Page 10
Table 8
CIRCULATOR MITIGATION FEE PER UNIT
CITY OF A VENTURA
Persons .
U 't Cost per Umt
per m
0.972
1.557 !
2.203
1.324
2.396
$1,32070
$2,11594
$2,993.95
$1,79930
$3,25514
Should the City adopt these mitigation fees, annual updates should be done based
upon the City's updated cost of providing the Circulator System.
D. Implementation
Should the City proceed to enact a transportation mitigation fee, it should be
recognized that the City is requiring developers to make a present payment to cover
future costs of providing the Circulator service. The preferred way of implementing
such a program would be for the City to deposit all mitigation fees collected into a
trust fund and then annually appropriate the earnings from this fund to the Circulator
system. In this way there is consistency between the assumptions of the fee
calculations and the use of the funds.
It is recommended that the City of Aventura enact a transportation mitigation fee that
is no greater than the amounts shown in Table 8 and that the fees collected be
deposited into a restricted trust fund, the earnings from which will be used solely to
fund the City's Circulator or successor system of mass transit.
It is recommended that the implementing ordinance provide for a refund of
mitigations fees in the event that the City ceases to provide some type of circulator
service. If the City of Aventura ever stops providing the Circulator service or a
service similar to the Circulator, the amounts on deposit in the trust fund should be
returned to the then current owners of the property for which the mitigation fee was
paid on a pro rata basis.
Transportation Mitigation
August 15, 2007
Page 11
RESUME
JAMES C. NICHOLAS
OFFICE
126 SW 165tl1 Street
Newberry, FL 32669
icnicholas@msn.com
POSITION
Emeritus Professor of Urban & Regional Planning and Emeritus Professor of
Law, University of Florida, Gainesville, Florida, 2006 to present.
PREVIOUS
POSITIONS
Professor of Urban & Regional Plarming and Affiliate Professor of Law,
University of Florida, Gainesville, Florida, 1985 to 2006. Associate Director,
Environmental and Land Use Law Program, College of Law, 1999 to pre-
sent.
1985 - 1992, Co-Director of Growth Management Studies, College of Law,
University of Florida.
1969 - 1985, Professor of Economics, Florida Atlantic University, Boca
Raton, Florida, and Associate and Acting Director, Joint Center for Environ-
mental and Urban Problems of Florida Atlantic and Florida International
Universities.
PERSONAL
Birth: July 24,1941
Los Angeles, California
EDUCATION
Ph.D.:
1970, University of Illinois,
Major in Economics
M.A.:
1967, University of Miami,
Major in Economics
B.B.A.:
1965, University of Miami,
Major in Business Administration
,,~
3
I. RESEARCH AND PUBLICATIONS
Books
1. Principles and Practices of Impact Fees, Chicago: American Plarming Association, 2007,
with A. Nelson and 1. Juergensmeyer.
2. A Practitioner's Guide to Development Impact Fees, Chicago: American Planning Associa-
tion, 1991, with A Nelson and J. Juergensmeyer.
3 The Changing Structw-e of Infrastructw-e Fincmce, Cambridge, Mass.: The Lincoln Institute
of Land Policy, 1985. Editor.
4. State Regulation and Housing Prices, New Brunswick, NJ: Rutgers University, 1982.
5. The Unnecessary Cost of Automobile Ownership, Fort Lauderdale, Florida: Joint Center for
Environmental and Urban Problems, 1980.
Monographs
1. Impact Fees in Hawaii. Implementing the State Law, Honolulu: Land Use Research Founda-
tion, 1993. With D. Davidson.
2 Calculating Proportionate Share Impact Fees Under the Rational Nexus Test, Chicago:
American Planning Association, 1988.
3 The Use of Florida's Land, Tallahassee, Florida: State of Florida, Environmental Land Man-
agement Study Committee, 1973. Editor.
4. New Communities' A Tool to Implement a Policy for the Management of Growth, Tallahas-
see, Florida: State of Florida, Environmental Land Management Study Committee, 1973.
Editor.
Chapters in Books
1. "Impact Fees Should Not Be Subject to Takings Analysis," in Taking Sides on Takings Issues:
Public and Private Perspectives, Ed. By Thomas E. Roberts, Chicago: Am. Bar Assn, 2002.
2. "Transferable Development Rights and Alternatives After Sutium," Twenty-Eighth Institute of
Planning, Zoning and Eminent Domain, New York: Matthew Bender, 1998. With J. C. Juer-
gensmeyer and B. Leebrick. A reprint of item D. 1.
3. "Elementos Economicos da Gerencia do Crescimento," in Conflicts Juridicos, Econ6micos e
Ambientais, ed. by Paulo Roberto Pereira de Souza and Jon Mills, Maringa, Parana: University
of Meringa Press, 1995.
Resume 4
4. "The Evolution of Land Use and Environmental Law in the United States," in Ellen Margrethe
Basse, ed., Miljorettens grundsporgsmal Bidrag til en nordiskforskeruddannelse, Koben-
havn: GEC Gad, 1994.
5. "The Need for an International Forum to Consider Compensation for Environmental Preserva-
tion," in Amedeo Postiglione, ed., Tribunale Internazionale Dell'Ambienta, Roma: Instito
Poligrafico E Zecca Delio Stato Libreria Delio Stato, 1992.
6. "The Use of Road Impact Fees in the United States," in Robert F. Passwell, ed., Site Impact
Traffic Assessment, Washington, DC: American Society of Civil Engineering, 1992.
7. "Paying for Growth: Creative and Innovative Solutions," in Jay Stein, ed., Growth A1anage-
ment and Sustainable Development, Sage, 1992.
8. 'The Provision ofInfrastructure," in D. Coffee and 1. Wade, eds., Local Government in the
1990's, Gainesville: Center for Governmental Responsibility, University of Florida, 1990.
9. "The Costs of Growth: A Public vs. Private Sector Conflict or a PubliclPrivate Responsibility,"
in D. Brower, D. Godschalk & D. Porter, eds., Understanding Growth Management: Critical
Issues and A Research Agenda, Washington: Urban Land Institute, 1989.
10. "Appropriate Methods for Establishing Impact Fees," with A. C. Nelson, in Development Im-
pact Fees, A.C. Nelson, ed., Chicago: American P]arming Association, 1988.
] ]. "A Mode] State Impact Fee Enabling Act," with 1. Juergensmeyer, in Development Impact
Fees, A.c. Nelson, ed., Chicago: American Plarming Association, ]988. Reprinted as "Mode-
10 de Projeto de Lei Para Criavao das Taxas de Impacto," in Conflicts Juridicos, Econ6micos e
Ambientais, ed. by Paulo Roberto Pereira de Souza and Jon Mills, Maringa, Parana: University
of Meringa Press, ] 995
]2. "A Standard Development Impact Fee Enabling Statute," with 1. Bachrach, 1. Juergensmeyer,
A. Nelson, T. Ramis and E. Strauss, in Development Impact Fees, A.C. Nelson,ed., Chicago:
American Planning Association, ]988.
13. "Calculating Proportionate Share Impact Fees," in R. Alterman, ed., The Private Finance of
Public Services, New York: New York University Press, 1988.
14. "Impact Fees: A Fiscal Technique for Managing Growth," in W. deHaven-Smith, ed., Growth
Management Innovations in Florida, Fort Lauderdale: Florida Atlantic University, 1988.
15. "Commentary on Florida's Policy With Respect to it's Coast," in C. M. Adams, ed., The Eco-
nomics of Coastal Tourism and Research Perspectives for Florida. Gainesville: Florida Sea
Grant College Program, 1988.
16. "Capital Improvement Finance and Impact Fees After the Growth Management Act of ]985,"
in Perspectives on Florida's Growth Management Act of 1985,1. DeGrove and J. Juergens-
meyer, editors, Cambridge, Mass.: The Lincoln Institute of Land Policy and The Urban Land
Institute, ] 986.
Reswne 5
17. "Florida's Experience With Impact Fees," in The Changing Structure of Infrastructure Fi-
nance, I C Nicholas, editor, Cambridge, Mass.: The Lincoln Institute of Land Policy, 1985.
18. "Land Availability in Florida," Land for Housing' Developing a Research Agenda, in James
Hobin, editor, Cambridge, Mass.: The Lincoln lnstitute of Land Policy, 1985
19. "The Role and Scope of Impact Fees," in Financing Florida State Government, H. P. Tuck-
man, editor, Tallahassee: Florida State University, 1979.
Referred Journals
1. "Market Based Approaches to Environmental Preservation: To Environmental Mitigation Fees
and Beyond," Natural Resources Journal. 2003. With 1. Juergensmeyer.
2. "The Ups and Downs of Growth Management in Florida," Journal of Law and Public Policy
Vol, 12 No.2, 2001.
3. "Growth Management and Smart Growth in Florida," Wake Forest Law Review, Vol. 35:3,
2000, with Ruth Steiner.
4. "State and Regional Land Use Planning: The Evolving Role ofthe State," St. Johns University
Law Review, Vol. 73:4, 1999.
5. "Perspectives Concerning the Use of Environmental Mitigation Fees as Incentives - II," Envi-
ronmental Liability, with I Juergensmeyer and E. Basse. Volume 7:3,1999.
6. "Perspectives Concerning the Use of Environmental Mitigation Fees as Incentives - I," Envi-
ronmental Liability, with I Juergensmeyer and E. Basse. Volume 7:2, 1999.
7, "Transferable Development Rights and Alternatives After Suitum," The Urban Lawyer, Vol.
30 No.2, 1998, with 1. Juergensmeyer and B. Leebrick
8. "Positive Influence ofImpact-Fees in Urban Planning and Development," Journal of Urban
Planning and Development, Vol. 118, No.2, 1993. With A. C Nelson and 1. E. Frank.
9, "New Fangled Impact Fees," Planning, Vol. 58:10,1992, with A. C. Nelson and Lindell
Marsh,
10. "Estimating Functional Population for Facility Planning Purposes", Journal of Urban Planning
and Development, Vol. 118, No.2, 1992. With A. C Nelson.
11. "On the Progression ofImpact Fees," Journal of the American Planning Association, Vol. 58,
No.4, 1992,
12, "Debt for Nature Swaps: A Modest But Meaningful Response to Two lnternational Crises,"
Florida International Law Journal, Volume V, no. 2, 1990, with 1. Juergensmeyer.
13. "Critical Elements of Development Impact Fee Programs," Journal of Urban Planning and
Development, Vol. 116No. 1, May 1990, with A. Nelson and 1. Juergensmeyer.
Resume 6
14. "Determining The Appropriate Impact Fees Under The Rational Nexus Test," Journal of the
American Planning Association, Vol. 54:1, 1988, with A. C. Nelson.
15. "Calculating Proportionate Share Impact Fees," New YorkAffairs, Vol. 10, No.2, 1988
16. "Impact Exactions: Economic Theory, Practice and Incidence," Law and Contemporary Prob-
lems, Vol. 50, No.1, 1987.
17. "East-West Trade: A Case Study of Sulphur," Florida International Law Journal, Vol. III, No
1, 1987.
18. "The Use of Benefit Fees and Assessments in Financing Transportation Improvements,"
AASHTO,1987.
19. "Housing Costs and Prices Under Regional Regulation," Journal of the American Real Estate
and Urban Economics Association, Vol. 9, no. 1, 1982.
20. "Problems of Financing Capital Improvements in a Growing Area," Engineering Issues, 1980.
21. "Rent Differentials Among Racial and Ethnic Groups," Review of Social Economy, Vol. 36,
No.1, 1978.
22. "Planning as Compensation for Land Use Regulation," Florida Environmental and Urban Is-
sues, Vol. V, January 1977.
23. "Areas of Critical Environmental Concern: A Case Study," Florida Environmental and Urban
Issues, Vol. N, 1976.
24. "Impact Fees: The Other Side," Florida Environmental and Urban Issues, Vol. 3,1975.
25. "The Economy ofthe South Florida Coastal Zone, "_Florida Environmental and Urban Issues,
Vol. III, 1975.
26. "Industrial Locations: The Special Case of Florida," Review of Regional Studies, Vol. 4, 1975.
27. "Population Updates: Growth in South Florida Since 1970," Florida Environmental and Ur-
ban Issues, Vol. 2,1974.
28. "Impact Fees in Florida," Florida Environmental and Urban Issues, Vol. 2, 1974.
29. "South Florida During the Twentieth Century: Population Projections to 2000," Florida Envi-
ronmental and Urban Issues, Vol. 1, 1973.
30. "An Experiment in Computer Aided Instruction in Regional Economics," Review of Regional
Studies, vol. 3, 1973.
31. "Controlling Pollution: An Economic View," Research Reports In Social Science, Vol. 14,
1972.
Resume 7
32. "Corporate Income Taxation in Florida An Analysis ofIt's Effects on Prices and Growth,"
Florida Planning and Development, April 1970 (with M. B. Redman).
33. "Florida's Metropolitan Income: Levels and Trends," Florida Planning and Development,
March 1970
Articles in Edited Proceedings
1. "Florida the Megastate: How Can it Take a Lickin' and Keep on Tickin'," Journal of the
Public Interest Environmental Coriference, VoL 1, Spring 1997.
2 "Price Effects of Road and Other Impact Fees on Urban Land," Transportation Research Re-
cord, No. 1305, 1991, with A. C. Nelson, 1. H LilIydahl and 1. E. Frank.
3. "The Seasonal Stability of the Urban Base Multiplier," Proceedings of the American Statisti-
calAssociation, Nov. 1976.
4. "Instability of the Urban Base Multiplier," Proceedings of the American Statistical Associa-
tion, September 1974.
5. "The Impact of Inflation on Investment and Labor Productivity," Proceedings of the Ameri-
can Statistical Association, Nov. 1972.
-
Other Research Activity
1. Technical Reports
Over 60 technical reports have been written for various agencies which are noted under relevant
professional experience.
2. Papers Before Professional Associations
Over 100 papers have been presented to Professional Associations. These Associations include:
American Law Institute/American Bar Association
American Planning Association
American Sociological Association
American Society for Public Administration
Association for Social Economics
Atlantic Economic Society
Eastern Economics Association
National Conference on Managed Growth
Operations Research Society of America
Southern Economics Association
Southern Regional Science Association
Urban Land Institute
Reswne 8
3. Special lnvited Papers
a. Office of the Governor, Office of State Planning, State of Hawaii, "A Review of Ha-
waii's lnfrastructure Finance With Recommendations," Honolulu, Hawaii, 1992.
b. United Nations Council on Development, "The Effect of Environmental Regulations on
the Construction IndustJy," Berkeley, California, 1992.
c. Legislature of the Commonwealth of Massachusetts, "Financing the Needs of a Grow-
ing Community," Boston, 1990.
d. Office of the New Hampshire Governor, "Teclmiques for Financing Urban Devel-
opment," Manchester, NH, 1989.
e. Commonwealth of the Northern Marianas Islands, Office of the Governor, "Fiscal and
Environmental Management of Growtb," 1989.
f World Congress on Land Policy, London, United Kingdom, "Financing lnfrastructure in
Florida," 1986.
g. The Florida House Committee on Growth Management, "Fiscal and Economic Dimen-
sions of Growth Management," 1985.
h. The Florida Bar Association, "Coping with Economic Impact in the Development Re-
view Process," 1982.
1. National Order of Women Legislators, "Financing Capital Infrastructure: Impact Fees,"
1982.
J. The Florida Senate, Committee on Commerce, "Self Insurance for Worker's Com-
pensation in Florida," 1978.
k. The Florida Senate, Committee on Commerce, "The Reform of Florida's No-Fault In-
surance Law," 1978.
1. United States Senate, Committee on Interior and Insular Affairs, "The Florida Experi-
ence in Land Use Regulation and its Economic Consequences," 1976.
m. The Florida House of Representatives, Seminar on the Constitutional Problems of Tak-
ings, "The Economics of Takings," 1976.
n. American Law lnstitute/ American Bar Association;
(1) "Capital Improvement Financing"
(2) "Handling The Controversial Land-Use Case"
o. American Planning Association:
(1) "Florida's Experience withlmpact Fees," 1985.
(2) "Calculating Impact Fees," 1986, 1988 and 1989.
(3) "Impact Fees After Nollan," 1987.
Resume 9
(4) "Recent Events in Impact Fee Calculations," 1990.
(5) "Impact Fees On Trail," 1991 and 1992.
(6) "Environmental Mitigation Fees," 1992.
(7) "Environmental Mitigation Fees," 1994.
(8) "The Hackensack Meadowlands Development Plan," 1995.
p. "Calculating Proportionate Share Impact Fees Under The Rational Nexus Test," a series
of regional presentations delivered at:
(1) Baltimore, Maryland, 1987
(2) Atlanta, Georgia, ] 987
(3) Tulsa, Oklahoma, 1987
(4) Portsmouth, New Hampshire, 1987
(5) Augusta, Maine, 1988
(6) Los Angeles, California, 1988
(7) Little Rock, Arkansas, 1988
(8) Milwaukee, Wisconsin, 1988
(9) Boston, Massachusetts, 1988
(10) Denver, Colorado, 1988
(11) San Diego, California, 1989
(12) New York, New York, 1989
(13) Boston, Massachusetts, 1989
(14) Burlington, Vermont, 1989
(15) Dallas, Texas, 1990
(16) San Francisco, California, 1990
(17) London, England, 1990
(18) Atlanta, Georgia, 1990
(19) Denver, Colorado, 1990
(20) Cape Cod, Massachusetts, 1990
(21) Hilo, Hawaii 1990
(22) Hilton Head, South Carolina 1991
(23) Denver, Colorado, 1991
(24) Seattle, Washington 1991
(25) Sacramento, California 1991
(26) Virginia Beach, Virginia 1991
(27) Orlando, Florida 1992
(28) San Francisco, California 1992
(29) London, England, 1992
(30) Atlanta, Georgia, 1993
(31) San Francisco, California, 1994
(32) Orlando, Florida 1994
(33) San Francisco, California, 1995
(34) Orlando, Florida 1995
(35) London, England 1998
(36) Columbia, South Carolina 1999
(37) Des Moines, Iowa 2000
4. Grants
Resume 10
As Acting Director/Associate Director ofthe Joint Center, grantsmanship was a primary responsi-
bility. Over 75 grants totaling over $4 million were received.
II. SPECIAL PROFESSIONAL ACTIVITIES
A. Member, Florida Property Right Commission, 1994-95.
B. Advisor on Economic Development and Immigration Policy, Office of the Governor, Common-
wealth of the Northern Marianas Islands, 1993.
C. Advisor on Growth Management and Financial Policy, Office of the Governor, State of Hawaii,
1992-93.
D. Advisor on Growth Management and Environmental Policy, State of Par ami, Brazil, 1992-93.
E. Technical Advisor on Economic Development, Vovoidship ofOlsztyn, Poland, 1992.
F. Participant and Speaker, "hnpact Fees? Can They Work Here?" Special Seminar Sponsored by the
Department of Land Economy, University of Cambridge, London, United Kingdom, 1992.
G. Participant and Speaker, Workshop on Legal and Technical Assistance for Eastern Europe, Spon-
sored by the Central and Eastern European Legal Initiative, American Bar Association, Krakow,
Poland, 1992.
H. Participant and Speaker, International Symposium on the Establishment of a World Environmental
Court, Florence, Italy, 1991.
r. Participant and Speaker, Special Seminar on Planning Gain or Paying for Growth?, Institute of
Advanced Legal Studies, University College - London, London, United Kingdom, 1990.
J. Participant and Speaker, International Symposium on The Problems of Heavily Polluted Areas,
Wroclow, Poland, 1989.
K. Participant and Speaker, Second International Symposium on Current Legal Issues Impacting
East-West Trade, Warsaw, Poland, 1988.
L. Technical Advisor on Land Policy, Constitutional Commission for the United States of Brazil,
Campo Grande, Matto Grosso del SuI, Brazil, 1988.
M. Participant and Speaker, International Symposium on Current Legal Issues Impacting East-West
Trade, Warsaw, Poland, 1986.
N. Member, American Delegation, Royal Society of Chartered Surveyors Session of Anglo-American
Urban Experience, London, United Kingdom, 1983.
O. Member, American Delegation, International Association of Administrative Sciences, Berlin, West
Germany, 1983.
Resume 11
P Participant, ffiJD Task Force on "Development Choices for the 80's," 1981.
Q. Participant, American Planning Association/Urban Land Institute/HUD Conference on
Non-Metropolium Growth, 1980.
R. Staff Economist, Florida Tax Reform Commission, 1979-80.
S. Participant, u.s. Department of Housing and Urban Development, National Task Force on Hous-
ing costs, 1979-80.
T Executive Director, (Florida) Governor's Task Force on Economic Policy, 1979.
U. Staff Economist, Florida Environmental Land Management Study Committee, 1974-75.
III. RELEVANT PROFESSIONAL EXPERIENCE
A. CONS1JLTANT TO:
1. Government of the United States;
a. U.S. Department of the Interior
b. U.S. Environmental Protection Agency
c. U.S. Department of Defense, Army Corps of Engineers
2. Republic ofEI Salvador
3. Commonwealth of the Northern Maranias Islands
4. Commonwealth of Puerto Rico
5. State of Delaware, Department of Transportation
6. State of Hawaii, Office of the Governor, Office of State Planning
7. State of New Hampshire, Office of the Governor
8. State of New Jersey;
a. The Pinelands Commission
b. Hacksensack Meadowlands Development Commission
9. State of Florida;
a. The Florida Senate
b. Environmental Land Management Study Committee
c. Power Plant Sitting Committee
d. Department of Community Affairs
e. Department of Natural Resources
f Department of Environmental Protection
g. Department of Professional Regulation
h. Florida Regional Agencies;
(1) South Florida Regional Planning Council
(2) Southwest Florida Regional Planning Council
(3) Treasure Coast Regional Planning Council
(4) South Florida Water Management District
(5) Suwannee River Water Management District
Resume 12
""~'
1 o. Counties of: (selected)
Anne Arundel, Maryland
Broward, Florida
Burlington, New Jersey
Charlotte, Florida
Clark, Nevada
Cobb, Georgia
Collier, Florida
Dade, Florida
DeKalb, Georgia
Douglas, Colorado
DuPage, Illinois
Forsyth, Georgia
Hawaii, Hawaii
Hernando, Florida
Hillsborough, Florida
Kern, California
Lake, Florida
Lee, Florida
Martin, Florida
Monroe, Florida
Montgomery, Pennsylvania
Palm Beach, Florida
Pitkin, Colorado
St. Lucie, Florida
St. Johns, Florida
Sarasota, Florida
Suffolk, New York
Teton, Wyoming
Walton, Florida
W ashoe, Nevada
11. Cities of: (selected)
Albuquerque, New Mexico
Alpharetta, Georgia
Bakersfield, California
Beavercreek, Ohio
Boca Raton, Florida
Bradenton, Florida
Canton, Georgia
Chardon, Ohio
Destin, Florida
Gatlinburg, Tennessee
Hialeah, Florida
Honolulu, Hawaii
Key West, Florida
Miami Beach, Florida
Orlando, Florida
Palm Beach, Florida
Resume 13
Portland, Maine
Reno, Nevada
Sanibel, Florida
Scottsdale, Arizona
Southampton, New York
Virginia Beach, Virginia
West Palm Beach, Florida
~".-
12. Private Corporations: (selected)
The Arvida Corporation
Bramalea Limited
Boca Del Marffexaco, Inc.
Deltona Corporation
Flag Development Company
Florida Home Builders Association
Florida Power and Light Corporation
Florida Power Corporation
Freeport-MacMoran, Inc.
General Development Corporation
Prudential Insurance Company
Texas lnstruments, Inc.
The Foundation Land Company
Tishman-Spyre Properties
U.S. Home Corporation
Westinghouse Communities, Inc.
B. Expert Testimony:
United States District Courts
United States Bankruptcy Court
United States Courts of Claim
Judicial Courts of Florida
Judicial Courts of New Jersey
Judicial Courts of Illinois
Judicial Courts ofIowa
Judicial Courts of Ohio
Numerous Administrative Boards - Federal, State and Local
IV. PUBLIC SERVICE
A Member, Florida Property Rights Commission, 1994-1995.
B. Member, Florida Land Use Data System Advisory Council, Florida Department of
Community Affairs, 1984-85,
C Assistant Director, Southeastern American Assembly on the City and the Farm, 1980,
Resume 14
D. Member of the Board, Broward-Palm Beach Economics Forum, 1980-1985 President,
1982-83.
E. Member, Economics Advisory Committee, Florida Department of Environmental Regu-
lation,1978-1982.
F. Member, Palm Beach County (Florida) Charter Advisory Commission, 1978-79.
G Member, Economics Advisory Panel, State of Florida, State Comprehensive Plan Com-
mittee,1985-87.
H. Member, Technical Advisory Committee, South Florida Regional Planning Council,
1972-74,
1. Member and Vice-Chairman, Economic Advisory Committee, South Florida Regional
Planning Council, 1972-74.
J. Reporter, Member of the Drafting Committee and Participant, "Florida 2000: Gover-
nor's Conference Growth and the Environment," October 1973.
K. Member, Palm Beach County (Florida) Land Use Advisory Board, 1971-77. Chairman,
1971-1973 .
~
VI. MEMBERSHIPS AND AWARDS
A. Professional:
1. American Planning Association
2, North American Society of Environmental Law,
Vice President
3. Urban Land Institute;
Member ofthe Industrial Development Council, 1979-85
Member ofthe Recreation Development Council, 1985-90
Member of the National Policy Council, 1990-92.
4. American Bar Association, Educational Affiliate
B. Honorary:
1. Omicron Delta Epsilon, Economics Honor Society
2. Pi Mu Epsilon, Mathematics Honor Society
3. Faculty Associate, Lincoln Institute of Land Policy, Cambridge,
Massachusetts.
C. A wards:
1. Professional Excellence Award, University of Florida, 1997.
2, Professional Excellence Award, University of Florida, 2001.
ORDINANCE NO. 2008-
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
AMENDING CHAPTER 2, "ADMINISTRATION", ARTICLE
IV "FINANCE", DIVISION 5 "IMPACT FEES", TO CREATE
SECTION 2-302 "TRANSPORTATION MITIGATION
IMPACT FEE"; ESTABLISHING A TRANSPORTATION
MITIGATION IMPACT FEE AND SCHEDULE FOR
MITIGATION OF TRANSPORTATION IMPACTS BY NEW
DEVELOPMENT; PROVIDING FOR TRANSPORTATION
MITIGATION IMPACT FEE COMPUTATION FORMULA;
PROVIDING FOR EXEMPTIONS; PROVIDING FOR
IMPACT FEE EXPENDITURES; PROVIDING FOR
ESTABLISHMENT OF A TRANSPORTATION MITIGATION
IMPACT FEE FUND; PROVIDING FOR INCLUSION IN
THE CODE; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, pursuant to Section 163.31801 Florida Statutes entitled the "Florida
Impact Fee Act", the Florida Legislature found that impact fees are an important source
of revenue for a local government to use in funding the infrastructure necessitated by new
growth; and
WHEREAS, pursuant to Section 163.3177 Florida Statutes, the Legislature
enacted a transportation concurrency law which provides that public transportation
facilities and services needed to support development shall be available concurrent with
the impacts of development; and
WHEREAS, the Legislature recognized that there are areas where construction of
new or expanded roadways is not possible; and
WHEREAS, pursuant to Section 163.3180 Florida Statutes, local governments
may exempt an area from transportation concurrency (a "Transportation Concurrency
Exception Area") if the proposed development is 1) otherwise consistent with the local
Comprehensive Plan, 2) a project that promotes public transportation or is within an area
designated for urban infill development; and 3) the local government has adopted into its
Comprehensive Plan strategies to support and fund mobility within the designated
exception area; and
,-,~
WHEREAS, the City of Aventura (the "City") was designated as a Transportation
Concurrency Exception Area when it adopted the City of Aventura Comprehensive Plan
in December of 1998; and
WHEREAS, the City adopted strategies in the City of Aventura Comprehensive
Plan to support and fund mobility within the designated exception area, including impact
fees and other methods which developers can use to mitigate impacts to the
transportation system by contributing funds for alternative modes of transportation that
promote mobility, particularly, the expansion, operation and maintenance of the City's
Circulator System, also known as the "Aventura Express" or as it may be renamed in the
future or any similar future transit system operated by the City, (the "Circulator System")
,as further described in a study entitled "A Program of Transportation Mitigation"
prepared for the City of Aventura by James C. Nicholas, PhD, dated July 2007 (the
"Transportation Mitigation Study"); and
WHEREAS, the City included an impact fee analysis in the Transportation
Mitigation Study to determine if an impact fee could be used to fund the expansion,
~- operation and maintenance of the City's Circulator System; and
WHEREAS the Transportation Mitigation Study finds that the City of Aventura can
accommodate the mobility needs of new development by expansion of the Circulator
System with the payment of a transportation mitigation impact fee and recommends that
the City adopt such a fee to support mobility through the use of mass transit within the
City and the City's policy of transportation concurrency exception; and
WHEREAS, the City Commission has been designated as the Local Planning
Agency for the City pursuant to Section 163.3174, Florida Statutes; and
WHEREAS, the City Commission, acting in its capacity as the Local Planning
Agency has reviewed this ordinance to adopt a transportation mitigation impact fee
during a required public hearing and has recommended approval to the City
Commission; and
WHEREAS, the City Commission has held duly noticed public hearings on this
transportation mitigation impact fee ordinance recommended by the City Commission,
acting in its capacity as the Local Planning Agency; and
2
~,
WHEREAS, the City Commission has reviewed this Ordinance and has
determined that such action is consistent with the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. Recitals. The above recitals are true and correct and are
incorporated herein by this reference.
Section 2. City Code Amended. That the City Code of the City of
Aventura is hereby amended by amending Chapter 2 "Administration"; Article IV
"Finance"; Division 5 "Impact Fees"; by creating Section 2-302 "Transportation
Mitigation Impact Fee" to read as follows:
"Sec. 2-302. Transportation Mitigation Impact Fee.
(a) Impact Fee; In General.
1. This Section is intended to support and fund mobility within the City's
Transportation Concurrency Exception Area by collecting a transportation
mitigation impact fee (the "Transportation Mitigation Impact Fee") to allow the
expansion, operation and maintenance of the City's Circulator System, also
known as the Aventura Express, or as it may be renamed in the future or any
similar future transit system
2. In construing the provisions of Section 2-302, the pertinent definitions
contained in Section 2-301 (b) shall apply unless otherwise provided.
3. Any application for a building permit ("Building Permit") for Development
Activity, as defined in Section 2-301 (b), within the corporate limits of the City
shall be subject to the assessment of a Transportation Mitigation Impact Fee in
the manner and amount set forth in this Section. No Building Permit shall be
issued by the City until the applicant has paid the assessed Transportation
Mitigation Impact Fee as calculated pursuant to this Section.
3
4. Notwithstanding payment of the Transportation Mitigation Impact Fees
pursuant to this Section, other state and local regulations may limit the issuance
of a Building Permit.
5. In the event Transportation Mitigation Impact Fees are paid prior to or
concurrent with the issuance of a Building Permit and subsequently, the Building
Permit is amended, the applicant shall pay the Transportation Mitigation Impact
Fee in effect at the time the amended Building Permit is issued with credit being
given for the previous fee paid.
6. In the case of change of use, redevelopment or expansion or modification of
an existing use on site which requires issuance of a Building Permit, the
Transportation Mitigation Impact Fee shall be based on the net increase in the
Transportation Mitigation Impact Fee for the new use as compared with the use
in effect on the effective date of this Section.
7. If a Building Permit is cancelled without development commencing, then the
applicant who paid the Transportation Mitigation Impact Fee shall be entitled to a
refund, without interest, of the Transportation Mitigation Impact Fee paid except
that the City shall retain three percent (3%) of the fee to offset a portion of the
costs of collection and refund. The applicant who paid the Transportation
Mitigation Impact Fee shall submit an application for such a refund to the City
Manager or his designee within thirty (30) days of the expiration of the order or
permit, or thereafter be deemed to waive any right to a refund.
8. In the event the Circulator System is discontinued by action of the City
Commission, or if the City fails to use or encumber any existing funds by the end
of the calendar quarter immediately following ten (10) years from the effective
date of this Section, upon application of the then current fee simple title holder,
funds may be returned to such title holder, without interest, provided that the title
holder submits an application for a refund to the City Manager or his designee
within one hundred and eighty (180) days of the expiration of the ten (10) year
period. However, this section shall not apply to Development of Regional Impact
4
J'~
/,01.-..
,-
or any development with phased or long term buildout. Any claim not so timely
made shall be deemed waived.
9. Funds shall be deemed expended for the purposes of this Section when a
contract, agreement or purchase order encumbering all or a portion of the
payment of said funds shall be approved by final City action.
(b) Impact Fee Computation Formula.
1. The applicant shall pay a Transportation Mitigation Impact Fee amount based
on the formula set forth in the table below or as it may be amended by Ordinance
of the City Commission. The fee shall be collected by the Community
Development Department prior to issuance of a Building Permit for Development
Activity. Such fee will be based on the cost required to serve the increased
demand for use of the Circulator System resulting from the proposed new
Development Activity. The formula to be used to calculate the Transportation
Mitigation Impact Fee is established as follows for each property use:
TRANSPORTATION MITIGATION FEE CHART
CITY OF AVENTURA
Land Use (Unit of Measure) Persons Cost per
per Unit Unit of
of Measure
Measure
Residential (per dwelling unit) 0.972 $1,320.70
Office (per 1,000 FT) 1.557 $2,115.94
Retail (per 1,000 FT) 2.203 $2,993.95
Industrial (per 1,000 FT) 1.324 $1,799.30
Institutional & Other (per 1,000 FT) 2.396 $3,255.14
2. The fee per Residential Dwelling Unit or fee per thousand nonresidential
square feet shall be multiplied by the applicant's total number of dwelling units for
residential property or total number of thousands of square feet for nonresidential
5
.-
property. The total will then be multiplied by 1.03 for a general administrative
charge of three (3%) percent. The resulting total is the Transportation Mitigation
Impact Fee and administrative charge, which amount shall be paid by the
applicant.
3. In the case of Development Activity involving a change of use or magnitude of
use in which a Building Permit is required, the proposed development shall be
required to pay a Transportation Mitigation Impact Fee only for the increase in use
of the Circulator System resulting from new Development Activity. The
Transportation Mitigation Impact Fee shall be the difference between the
computed Transportation Mitigation Impact Fee for the proposed Development
Activity and the computed Transportation Mitigation Impact Fee for the existing
Development Activity. Any Building Permit which expires or is revoked after the
effective date of this Section and for which a fee has not previously been paid
under this Section shall be required to comply with the provisions herein. No
refunds will be given for proposed development activity resulting in a negative fee
calculation.
4. If the type of activity within a proposed or current development is not specified,
the City Manager or his designee shall use the activity most nearly comparable
that will result in payment of a fair and equitable Transportation Mitigation Impact
Fee.
5. In determining existing Development Activity and the units or thousands of
square feet of proposed or existing development, the Community Development
Department shall use the Building Permit and the Certificate of Use information
contained in the building or zoning records of Miami-Dade County or the City.
(c) Impact Fee Exemptions.
1. Alteration, expansion or replacement of an existing building or residential
dwelling unit where the use is not changed and the number of residential dwelling
units or square footage is not increased shall not be subject to the Transportation
Mitigation Impact Fee.
(,..-
6
...'.........
2. The burden of demonstrating the prevIous use or prevIous payment of a
Transportation Mitigation Impact Fee shall be upon the applicant. In cases where
there is an existing use, any additional fees shall be based upon the alteration to
the existing use.
3. Government or public facilities used for governmental purposes are exempt
from the Transportation Mitigation Impact Fee, including those parcels, grounds,
buildings or structures owned by the federal government, State of Florida, Miami-
Dade County, the City, the Miami-Dade County Public Schools or the South
Florida Water Management District, including, but not limited to, governmental
offices, police and fire stations, airports, seaports, parking facilities, equipment
yards, sanitation facilities, water control structures, schools, parks and similar
facilities in or through which general government operations are conducted. It is
provided, however, that the following shall not be considered governmental or
public facilities and shall be subject to the provision of this Section: (1) privately
owned properties or facilities leased for governmental operations or activities and
privately owned charter schools; (2) public properties or facilities used for private
residential, commercial or industrial activities.
4. The construction of accessory buildings or structures is exempt where 1) the
use is not changed, 2) any additional impact on the Circulator System is negligible;
and 3) the number of residential dwelling units or square footage is not increased.
5. A building replacement meeting the requirements of the Florida Building Code,
(where such replacement is necessitated by partial destruction) and meeting the
requirements of the City's Land Development Regulations, is exempt.
6. Parking garages are exempt from the Transportation Mitigation Impact Fee
when the structure is accessory to a primary use.
7. An exemption must be claimed by the applicant prior to paying the
Transportation Mitigation Impact Fee. Any exemption not so claimed prior to
payment shall be deemed to have been waived by the applicant.
(d) Impact Fee Expenditures.
1. Expenditures from the Impact Fee shall include, but not be limited to:
7
a) All costs related to expansion of the Circulator System;
b) All costs related to operation of the Circulator System; and
c) All costs related to maintenance of the Circulator System.
2. The three (3%) percent general administrative cost portion of the
Transportation Mitigation Impact Fee, as provided in herein, shall be deposited into
the General Fund and shall be used to offset the costs of administering the
Transportation Mitigation Impact Fee.
(e) Establishment of Fund. Transportation Mitigation Impact Fees collected
pursuant to this Section shall be accounted for in the Transportation and Street
Maintenance Fund established by the City."
Section 3. Inclusion in the Code. That it is the intention of the City Commission
and it is hereby ordained that the provisions of this Ordinance shall become and made a
part of the City of Aventura Code of Ordinances; that the sections of this Ordinance may
be renumbered or relettered to accomplish such intentions; and that the word "Ordinance"
shall be changed to "Section" or other appropriate word as needed.
Section 4. Severability. That the provisions of this Ordinance are declared to
be severable and if any section, sentence, clause or phrase of this Ordinance shall for
any reason be held to be invalid or unconstitutional, such decision shall not affect the
validity of the remaining sections, sentences, clauses, and phrases of this Ordinance
but they shall remain in effect, it being the legislative intent that this Ordinance shall
stand notwithstanding the invalidity of any part.
Section 5. Effective Date. That following adoption on second reading, this
ordinance shall be effective from and after the date which is ninety (90) days after the
publication of a notice that this ordinance has been adopted and providing the effective
date of this ordinance, except that the provisions of this ordinance which require the
8
publication of said notice 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
9
PASSED on first reading on this 8th day of January, 2008.
PASSED AND ADOPTED on second reading this 5th day of February, 2008.
SUSAN GOTTLIEB, MAYOR
ATTEST:
TERESA M. SOROKA, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFI~NCY:
H~~
CITY ATTORNEY
10
,~
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
DATE: December 5,2007
TO: City Commission
FROM:
SUBJECT: Ordinance Approving Agreement between City and Roy R. Lustig,
Trustee for Exchange of Real Property
1 st Reading January 8, 2008 City Commission Meeting Agenda Item il
2nd Reading February 5, 2008 City Commission Meeting Agenda Item 5? -'[)
RECOMMENDATION
~,""'-"
It is recommended that the City Commission adopt the attached Ordinance authorizing
the execution of the Agreement between City and Roy R. Lustig, Trustee for the
exchange of real property located on Biscayne Boulevard.
BACKROUND
As discussed at the September Workshop Meeting, the owner, Roy R. Lustig, Trustee
of two frontage parcels of vacant land at 21400 Biscayne Boulevard issued a proposal
regarding the exchange of City property located at 21300 Biscayne Boulevard. The
owner was willing to exchange a portion of the Lustig parcel with the City in exchange
for the City's parcel located at 21300 Biscayne Boulevard based on the following major
terms and conditions:
1. Lustig pays the City $1,500,000 for the City parcel.
2. Lustig dedicates a portion of their site to the City to allow for the construction
of N.E. 213th Street to be extended west of Biscayne Boulevard to N.E. 29th
Court.
3. Lustig pays for and constructs the new street, N.E. 213th Street, between
Biscayne Boulevard (US-1) and N.E. 29th Court. Construction will commence
within three years or upon the issuance of building permits for construction on
either the City parcel or the remaining portion of the Lustig piece, whichever
is sooner.
Memo to City Commission
Page 2
If you have any questions, please feel free to contact me.
EMS/act
Attachment
CC01604-07
ORDINANCE NO. 2008-
,,.;.~
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA
APPROVING AGREEMENT BETWEEN THE CITY OF
A VENTURA AND ROY R. LUSTIG, TRUSTEE FOR
EXCHANGE OF REAL PROPERTY; PROVIDING FOR THE
SALE AND EXCHANGE OF CITY REAL PROPERTY;
PROVIDING FOR IMPLEMENTATION OF TRANSACTION;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission desires to sell and convey a parcel of City owned land
(the "City Parcel") which has been found to be surplus and not needed for City purposes, subject to
a reservation of a portion of the City Parcel for right-of-way purposes and conditioned upon: (1)
the City's receipt of additional land (the "Lustig Parcel") which the City intends to use for roadway
purposes, and (2) the construction of road improvements, as part of the consideration for the sale of
the City Parcel, all as described in the Agreement between the City of A ventura and Roy R. Lustig
,Trustee for Exchange of Real Property (the "Agreement"); and
WHEREAS, the City Commission finds that the approval of the Agreement is in the bests
interest of the City and will further the advancement and implementation of the capital
improvement program of the City by enhancement of the provision of road improvements.
NOW, THEREFORE, IT IS HEREBY ORDAINED BY THE CITY COMMISSION
OF THE CITY OF A VENTURA, FLORIDA, AS FOLLOWS:
Section 1. Recitals Adopted. That the recitals set forth above are hereby adopted and
confirmed.
Section 2. A2reement Approved; Transaction Authorized.
A. That pursuant to City Charter Section 4.03(7), the Agreement is hereby
approved, the sale and conveyance of the City Parcel is hereby authorized, and
the acceptance of the Lustig Parcel is hereby authorized.
Ordinance No. 2008-
".,,;.......
Page 2
B. That the City Manager is authorized to execute the Agreement, in substantially
the form which is attached hereto, the City's instrument of conveyance, the
closing papers, and all other necessary documents, once approved by the City
Attorney as to form and legal sufficiency.
C. That the City Manager and City Attorney are hereby authorized to take any
action which is necessary to consummate the closing of the transaction and to
enforce the Agreement and all agreements related thereto.
That this Ordinance shall be effective immediately
Section 3.
Effective Date.
upon adoption on second reading.
The foregoing Ordinance was offered by
first reading. This motion was seconded by
the vote was as follows:
, who moved its adoption on
, and upon being put to a vote,
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
on second reading. This motion was seconded by
vote was as follows:
who moved its adoption
and upon being put to a vote, the
Commissioner Zev Auerbach
Commissioner Teri Holzberg
Commissioner Billy Joel
Commissioner Michael Stern
Commissioner Luz Urbaez Weinberg
Vice Mayor Bob Diamond
Mayor Susan Gottlieb
',.~
2
Ordinance No. 2008-
Page 3
PASSED AND ADOPTED on first reading this 8th day of January, 2008.
PASSED AND ADOPTED on second reading this 5th day of February, 2008.
Susan Gottlieb, Mayor
ATTEST:
Teresa M. Soroka, MMC
City Clerk
Approved as to Form and Legal Sufficiency:
H~~
City Attorney
3
AGREEMENT
BETWEEN THE
CITY OF A VENTURA
AND
ROY R. LUSTIG TRUSTEE, OF THE
FOR EXCHANGE OF REAL PROPERTY
This Agreement (the "Agreement"), made and entered into the day of ,2008,
by and between the City of Aventura (the "City"), a Florida municipal corporation, having an address at
19200 West Country Club Drive, Aventura, Florida 33180, and ROY R. LUSTIG, TRUSTEE OF
("Lustig"), having an address at , for
the purpose of exchanging certain real property.
WITNESSETH:
WHEREAS, Lustig is the owner of a certain parcel of real property located in the City of A ventura,
County of Miami- Dade, Florida, comprised of and referred to as the "Lustig Parcel", as more particularly
collectively described on Exhibit "A" attached hereto.
WHEREAS, the City is the owner ofa certain parcel of real property located in the City of A ventura,
County of Miami- Dade, Florida, comprised of and referred to as the "City Parcel", as more particularly
collectively described on Exhibit "B" attached hereto.
WHEREAS, subject to the terms and conditions ofthis Agreement, Lustig and the City have agreed to
exchange the Lustig Parcel for the City Parcel.
WHEREAS, the City intends to use the Lustig Parcel for roadway purposes.
NOW, THEREFORE, in consideration of the mutual promises and agreements herein contained and
other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the
parties, Lustig and the City agree as follows:
1. Recitals. The parties acknowledge that the foregoing recitals are true and correct and
hereby incorporated into this Agreement as if fully set forth herein.
2. General Intent. It is the intent of the parties that Lustig will convey the Lustig Parcel to the
City, and the City will convey the City Parcel to Lustig. Subject to the terms and conditions set forth herein,
Lustig agrees to convey the Lustig Parcel to the City and the City agrees to convey the City Parcel to Lustig.
The Parcels shall be conveyed to the respective parties on an "as-is" "where-is" basis with each party being
responsible for all closing costs associated with the Parcel it is receiving including, but not limited to, due
diligence inspections, title insurance, survey, transfer taxes, if any, and attorney's fees and costs.
3. Due Dilil!ence; Title; and Survey.
(a) Within five (5) business days of the Effective Date, Lustig and the City shall deliver to
.- each other all material documentation in that party's possession or control relating to the respective Parcels
including, but not limited to the following: (i) any existing owner's title insurance policy or other title
information; (ii) any existing survey; and (iii) any existing reports, written material and relevant information
relating to the physical condition of the Parcel (e.g. soil borings report and environmental investigation report).
(b) For a period offorty five (45) days following the Effective Date (the "Due Diligence
Period") the parties shall have the right to make whatever reasonable inspections and investigations of the
Parcel they are receiving as that party may deem appropriate and at that party's sole cost and expense,
including, without limitation, the following: (i) physical inspection of the Parcel, (ii) soil investigation, (iii)
environmental assessment, and (iv) engineering, utilities and site studies.
(c) F or the purpose of conducting its inspections, each party agrees to provide the other
party and its agents and independent contractors reasonable access to the Parcel during the Due Diligence
Period. In exercising the privileges granted pursuant to this Agreement, each party shall immediately restore
the Parcel to the condition existing prior to its activities on the Parcel. In consideration of the right to inspect
the Parcel, each party agrees, to the extent permitted by law, to indemnifY, defend and hold the other party
harmless from any actions, suits, liens, claims, damages, expenses, losses and liability for damage of any kind
arising from or attributable to any acts performed by the inspecting party or its agents or independent
contractors in exercising its rights hereunder. This agreement to indemnifY shall survive closing or the
expiration or earlier termination of this Agreement and, in the case of the City, shall be subject to the
provisions and monetary limitations of Section 768.28, Florida Statutes. With respect to the parties, their
agents and/or their independent contractors performing inspection activities hereunder, each party shall be
required to maintain comprehensive general liability (occurrence) insurance in an amount of not less than One
Million and 001100 Dollars ($1,000,000.00) covering any personal injury, death and/or property damage
arising out of, related to and/or in connection with the presence and activities of the parties, their agents and/or
their independent contractors on or relating to the parcels and listing the owner of the parcel as an additional
insured under such policy and shall deliver a certificate of insurance verifYing such coverage to the owner of
the parcel prior to, and as a condition of, entry upon the parcel. .
(d) During the Due Diligence Period, each party shall have the right, but not the
obligation, to obtain a commitment for a policy of owner's title insurance (the "Title Commitment") which
shall insure that party's title to the parcel it will be receiving, which Title Commitment shall be written by or
for a title insurer licensed to do business in the State of Florida ("Title Company") and shall bind the Title
Company to deliver a policy of owner's title insurance in an amount to be determined by the party receiving the
parcel ("Title Policy"). Additionally, during the Due Diligence Period, each party shall have the right, but not
the obligation, to obtain a survey ("Survey") of the parcel it will be receiving, which Survey shall be prepared
by a surveyor licensed by the State of Florida. Neither party shall have any obligation to expend any funds,
take any action, or incur any liabilities in order to cause any title or survey matters to be cured or removed from
the Title Commitment or Survey, except as set forth in the following sentence. Each party shall (i) satisfY, pay
or discharge any lien, mortgage or judgment affecting the Parcel it is conveying, and (ii) provide all documents
and take all action required by the Title Commitment for the parcel it is conveying to the extent that such party
is the appropriate party to do so, subject to the obligations set forth in (i) above. The cost and expense of the
Title Commitment (including any search, exam and update fees), Title Policy, and Survey for the City Parcel
shall be paid by Lustig, and the cost and expense of the Title Commitment (including any search, exam and
update fees), Title Policy, and Survey for the Lustig Parcel shall be paid by the City.
(e) If either party is dissatisfied, for any reason and in that party's sole judgment, with the
result of its investigations, then such party may cancel this Agreement by notifYing the other party in writing
(the "Cancellation Notice") of such cancellation prior to expiration of the Due Diligence Period. Upon receipt
2
of the Cancellation Notice, this Agreement shall be immediately terminated, and the City and Lustig shall be
/- released and discharged from all further obligations under this Agreement except any rights and obligations
that expressly survive termination, and neither City nor Lustig shall be subject to any claim by the other for
damages of any kind except for any applicable indemnity as provided in this Section 3(c) of this Agreement. If
no Cancellation Notice has been delivered by either party to the other party prior to expiration of the Due
Diligence Period, then (i) both parties shall be deemed to have waived its right to cancel this Agreement under
this Section 3, and (ii) the parties shall proceed to close on the exchange of the Parcels as set forth in Section 4
below.
(f) Each party may continue to operate its parcel in the ordinary course of business from
the Effective Date of this Agreement until closing or earlier termination of this Agreement.
4. Closin2ofExchan2e. Provided that neither party has provided a Cancellation Notice to the
other party prior to the expiration of the Due Diligence Period as set forth in Section 3(e) above:
(a) The consummation and conveyance of the exchange of Parcels (the "Closing") shall
take place at City Hall of the City ofAventura, Florida, having an address at 19200 West Country Club Drive,
A ventura, Florida 33180, on the date which is ten (10) business days after the satisfaction or fulfillment of the
Closing Contingencies (as hereinafter described), but in no event later than thirty (30) days after the end of the
Due Diligence Period (the "Closing Date"). lfthe parties desire to change the Closing Date, the Closing Date
may be changed by the City Manager on behalf of the City, without the necessity of obtaining approval of the
change by the City Commission. The Closing may occur through an escrow.
(b) All costs and expenses to be paid by the City and Lustig in accordance with the
provisions of this Agreement shall be paid and all documents, necessary for the consummation of this
transaction shall be executed and delivered on or prior to the Closing Date, and the parties shall deHver
possession of the parcels to one another on the Closing Date, subject to satisfaction of the contingencies set
forth in this Agreement.
(c) Lustig shall execute and deliver a Special Warranty Deed (the "Lustig Parcel Deed")
in form and substance attached hereto as Exhibit C transferring to the City marketable fee simple title to the
Lustig Parcel, together with the following:
(i) a no lien affidavit in form and substance attached hereto as Exhibit D;
(ii) all documents required by Schedule B-1 ofthe Title Commitment issued for
the Lustig Parcel to the extent such documents are not otherwise required to be delivered by the other party
hereto, if any;
(iii) if applicable, any satisfactions, releases, terminations and other documentation
with respect to any mortgages, liens or judgments affecting the Lustig Parcel; and
(iv) if applicable, proof of compliance with Section 196.295, Florida Statutes.
(d) Lustig shall also deHver to the City the purchase price for the City Parcel of ONE
MILLION FIVE HUNDRED THOUSAND AND No/100 Dollars ($1,500,000.00) (herein referred to as the
"Purchase Price"). The entire Purchase Price, subject to adjustments and prorations as herein provided, shall
be due and payable by cashier's check or in immediately available funds, by wire transfer, at Closing.
3
-
(e) The City shall execute and deliver to Lustig a Special Warranty Deed (the "City Parcel
Deed") in form and substance attached hereto as Exhibit C transferring marketable fee simple title to the City
Parcel, together with the following:
(i) a no lien affidavit in form and substance attached hereto as Exhibit D;
(ii) all documents required by Schedule B- 1 of the Title Commitment issued for
the City Parcel to the extent such documents are not otherwise required to be delivered by the other party
hereto, if any; and
(iii) if applicable, any satisfactions, releases, terminations and other documentation
with respect to any mortgages, liens or judgments affecting the City Parcel.
The City, as a municipal corporation, is exempt from the payment of ad valorem real property taxes and
therefore, the City represents and warrants that there are no such taxes due and owing on the City Parcel up
until the Closing Date.
5. Closin2 Contin2encies. Lustig's obligation to tender the Lustig Parcel Deed to the City in
accordance with the terms of this Agreement is conditioned upon the delivery by the City to Lustig of the City
Parcel Deed and all documents required by Section 4( e) above; and City's obligation to tender the City Parcel
Deed in accordance with the terms of this Agreement is conditioned upon the delivery by Lustig to the City of
the Lustig Parcel Deed and all documents required by Section 4( c) above to the City, all in accordance with the
terms of this Agreement. Furthermore, these obligations to tender the respective parcel deeds are contingent
upon the title company issuing a Title policy pursuant to the commitments obtained by each party, and upon
the commencement of no condemnation actions with respect to either parcel. The failure of either the City or
Lustig to fulfill the applicable conditions set forth above shall entitle the hon-defaulting party to terminate or,
instead of terminating this Agreement, the non-defaulting party may pursue a suit for specific performance.
6. Obli2ation to Construct Road. Lustig hereby agrees, at its sole cost and expense, to begin
construction of a new extension ofNE 213th Street as depicted on the attached Exhibit "E" (the "Roadway")
within the earlier of: (i) three (3) years of the Effective Date; or (ii) the issuance of a building permit covering
the City Parcel or any property adjoining the Lustig Parcel ("Road Construction Deadline").
(a) Failure to Obtain Buildin2 Permit. If Lustig fails to begin construction of the
Roadway within the earlier of the issuance of a building permit or three (3) years ofthe Effective Date and to
diligently complete the Roadway to City's satisfaction, Lustig will be required to pay to City the sum of Four
Hundred Thousand and No/lOO Dollars ($400,000.00) within ten (10) business days after the Road
Construction Deadline in clear and available funds.
(B) Documentation of A2reement. At Closing, Lustig will execute an Agreement to
Construct in substantially the form attached as Exhibit "F", confirming Lustig's covenant to construct the
roadway, which document will be recorded at the time of Closing.
7. Recordin2 Costs. The cost of recording the Lustig Parcel Deed including any documentary
stamp and/or other transfer taxes and the Agreement to Construct shall be paid by the City. The cost of
recording the City Parcel Deed including any documentary stamp and/or other transfer taxes shall be paid by
Lustig.
8. AS-IS EXCHANGE. NOTWITHSTANDING ANYTHING THATMA YBECONTAINED
HEREIN TO THE CONTRARY, (A) CITY, WITH RESPECT TO LUSTIG PARCEL, AND LUSTIG, WITH
RESPECT TO CITY PARCEL, SHALL ACQUIRE SUCH PARCELS IN THEJR "AS IS" AND "WHERE
IS" CONDITION; AND (B) EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT AND IN
4
THE LUSTIG PARCEL DEED, THE CITY PARCEL DEED AND CORRESPONDING AFFIDAVITS,
NEITHER THE CITY NOR LUSTIG HAS MADE ANY WARRANTY OR REPRESENTA nON, EITHER
EXPRESSED OR IMPLIED, WITH RESPECT TO ANY OF THE REAL PROPERTY CONVEYED
PURSUANT TO THE CITY PARCEL DEED OR THE LUSTIG PARCEL DEED, RESPECTIVEL Y.
9. Notices. All notices, requests, consents and other communications required or permitted
under this Agreement shall be in writing and shall be (as elected by the person giving such notice) hand
delivered by messenger or courier service, sent by facsimile, or mailed (ainnail if international) by registered or
certified mail (postage prepaid), return receipt requested, addressed to:
To the City:
Eric M. Soroka, City Manager
City of A ventura
19200 West Country Club Drive
A ventura, Florida 33180
Fax No.: 305-466-8919
Phone No.: 305-466-8910
with a copy to:
John J. Kendrick III, Esq.
Weiss Serota Helfman
Pastoriza Cole & Boniske, P.L.
2525 Ponce de Leon Boulevard
Suite 700
Miami, Florida 33134
Fax No.: (305) 854-2323
Phone No.: (305) 854-0800
To Lustig:
Roy R. Lustig, Trustee
Phone No.:
Fax No.:
with a copy to:
Stanley Price, Esq.
Bilzin, Sum berg, Baena, Price & Axelrod, LLP
200 South Biscayne Blvd., Suite 2500
Miami, Florida 33131
Phone No.: (305) 350-2374
Fax No.: (305) 351-2204
5
or to such other address as any party may designate by notice complying with the terms of this paragraph.
Each such notice shall be deemed delivered (a) on the date delivered ifby personal delivery; (b) on the date of
transmission with confirmation ifby facsimile; and (c) on the date upon which the return receipt is signed or
delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case may be, if
mailed.
10. Assi2:nment. Neither this Agreement nor any interest herein shall be assigned, transferred, or
encumbered by any party.
11. Effective Date. The "Effective Date" of this Agreement shall be the last day upon which it
becomes fully executed by all parties hereto and the Agreement shall not become effec6ve until fully executed
by all parties hereto.
12. No Third Party Beneficiaries. Neither the City nor Lustig intends to directly or substantially
benefit a third party by this Agreement. Therefore, the parties agree that there are no third party beneficiaries to
this Agreement and that no third party shall be entitled to assert a claim against any ofthe parties based upon
this Agreement. The parties expressly acknowledge that it is not their intent to create any rights or obligations
in any third person or entity under this Agreement.
"~.'.-.,
13. No Waiver. The parties agree that each requirement, duty, and obligation set forth herein is
substantial and important to the formation of this Agreement and, therefore, is a material term hereof. Any
party's failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision or
modification of this Agreement. A waiver of any breach of a provision of this Agreement shall not be deemed a
waiver of any subsequent breach and shall not be construed to be a modification of the terms of this
Agreement.
14. Com oliance with Laws. Each party shall comply with all applicable federal, state, and local
laws, codes, ordinances, rules, and regulations in performing its duties, responsibilities, and obligations
pursuant to this Agreement.
15. Ne2:otiated A2:reement. The parties acknowledge that they have sought and received
whatever competent advice and counsel as was necessary for them to form a full and complete understanding
of all rights and obligations herein and that the preparation of this Agreement has been their joint effort. The
language agreed to expresses their mutual intent and the resulting document shall not, solely as a matter of
judicial construction, be construed more severely against one of the parties than the other.
16. Governin2: Law. This Agreement shall be interpreted and construed in accordance with and
governed by the laws ofthe State of Florida. Any controversies or legal problems arising out of this Agreement
and any action involving the enforcement or interpretation of any rights hereunder shall be submitted to the
jurisdiction of the State courts of the Eleventh Judicial Circuit of Miami-Dade County, Florida.
17. Waiver Of JUry Trial. BY ENTERING INTO THIS AGREEMENT, EACH PARTY
HEREBY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HA VB TO A TRIAL BY JURY OF
ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF THIS AGREEMENT.
18. Amendments. No modification, amendment, or alteration in the terms or conditions
contained herein shall be effective unless contained in a written document prepared with the same or similar
formality as this Agreement and executed by each party hereto.
6
19. Entire A2reement. This document incorporates and includes all prior negotiations,
correspondence, conversations, agreements, and understandings applicable to the matters contained herein and
the parties agree that there are no commitments, agreements or understandings concerning the subject matter of
this Agreement that are not contained in this document. Accordingly, the parties agree that no deviation from
the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. It is
further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall
be effective unless set forth in writing in accordance with Section 18 above.
20. Exhibits. The attached Exhibits "A" through "F" inclusive are incorporated into and made a
part of this Agreement.
21. Counterparts. This Agreement may be fully executed in counterparts by all parties, each of
which, bearing original signatures, shall have the force and effect of an original document.
22. Default. In the event of any failure of compliance by any party hereto with respect to any of
its obligations as provided for herein such action shall constitute a default by such party under this Agreement.
Upon any such default, a non-defaulting party shall provide to the defaulting party notice of such default,
which notice (a "Default Notice") shall state in reasonable detail the actions non-defaulting must take to cure
the same. The defaulting party shall cure any such default within ten (10) business days following the date of
the Default Notice. If the nature of the defaulting party's obligations are such that more than ten (10) business
days is required to effect cure, and the non-defaulting party provides its prior written consent (which may be
withheld in its sole and absolute discretion) with a time period to cure, then the defaulting party shall not be in
default hereunder if the defaulting party commences cure within the applicable cure period and thereafter
diligently pursues cure to completion of performance with the time period prescribed by the non-defaulting
party. In the event the defaulting party fails to effect any required cure as provided for herein, the defaulting
party shall be deemed to be in uncured default hereunder, and the non-defaulting may immediately terminate
this Agreement upon notice to the defaulting party. In addition to the foregoing, in the event of an uncured
default the non-defaulting party shall be entitled to a suit for specific performance.
23. Police/Re2ulatorv Powers. The City cannot and hereby specifically does not, waive or
relinquish any of its regulatory approval or enforcement rights and obligations as it may relate to regulations of
general applicability which may govern the Parcels, any improvements thereon, or any operations on the
parcels. Nothing in this Agreement shall be deemed to create an affirmative duty of the City to abrogate its
sovereign right to exercise its police powers and governmental powers by approving or disapproving or taking
any other action in accordance with its zoning and land use codes, administrative codes, ordinances, ruies and
regulations, federal laws and regulations, state laws and regulations, and grant agreements. In addition,
nothing herein shall be considered zoning by contract.
[REST OF PAGE LEFT INTENTIONALLY BLANK]
7
~- AGREEMENT BETWEEN THE CITY OF A VENTURA AND LUSTIG FOR THE PURPOSE OF
EXCHANGING CERTAIN REAL PROPERTY.
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the
respective dates under each signature: City of A ventura, a Florida municipal corporation through its City
Commission, signing by and through its City Manager, authorized to execute same by Commission action
adopting City Ordinance Number on the of , 2008; and
, as of Lustig.
CITY OF A VENTURA, through its
City Commission
ATTEST:
By:
Eric M. Soroka, City Manager
day of
,2008
Teresa M. Soroka, City Clerk
",d\~'
Approved as to fonn and legality
for the use of and reliance by the
City of A ventura only:
By:
, City Attorney
_ day of
,2008
WITNESSES:
Lustig:
Name:
Name: .
8
~
STATE OF FLORIDA )
SS:
COUNTY OF MIAMI-DADE )
THIS IS TO CERTIFY, that on this
authorized to take acknowledgements ill
,as
produced a drivers license as identification.
.f!..........
day of
,2008
day of , 2008, before me, an officer duly
the State and County aforesaid, personally appeared
of Lustig, who (check one) [ ] is personally known to me or [ ]
NOTARY PUBLIC
Print Name:
My Commission Expires:
9
"'~,
EXHIBIT A
LUSTIG Parcel
DESCRIPTION: RIGHT OF WAY DEDICATION
A PORTION OF LOT 1, BLOCK 3, SECTION 34, TOWNSHIP 51 SOUTH, RANGE 42 EAST,
TOWN OF HALLANDALE, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT
BOOK "B", PAGE 13, OF THE PUBUC RECORDS OF MIAMI-DADE COUNTY, FLORIDA,
-----DESCRIBED-A'SrOtI:OWS: -
COMMENCE AT THE INTERSECTION OF THE SOUTH BOUNDARY OF SAID LOT 1, WITH
THE WEST RIGHT OF WAY OF SISCAYNE BOULEVARD, SAID POINT BEING ON THE ARC
OF A CURVE CONCAVE NORTHWESTERLY, WHOSE RADIUS POINT BEARS NORTH
68"SO'22" WEST FROM THE LAST DESCRIBED POINT; THENCE NORTHEASnRL Y,
ALONG SAID RIGHT OF WAY AND THE ARC OF SAID CURVE, HAVING A RADIUS OF
3784.83 FEET, A CENTRAL ANGLE OF ~1'11", FOR AN ARC DISTANCE OF 58.35 FEET
TO THE POINT OF BEGINNING; THENCE NORTH 23"20'50" WEST, A DISTANCE OF 42.32
FEET; THENCE NORTH ."00'10" WEST, A DISTANCE OF 104.55 FEET TO THE EAST
UNE OF RESERVED AREA, HALLENDALE PARK, PLAT BOOK 12, PAGE 37, MIAMI DADE
COUNTY RECORDS; THENCE NORTH 01~9'48" WEST, ALONG SAID EAST UNE, A
DISTANCE OF 34.02 FEET; THENCE NORTH 89"50'15" EAST, A DISTANCE OF 158.59 FEET
TO SAID WEST RIGHT OF WAY OF BISCAYNE BOULEVARD, SAID POINT BEING ON THE
ARC OF A CURVE CONCAVE NQRTHwESTERl Y, WHose RADIUS POINT BEARS NORTH
69"29'38" WEST FFIOM THE LAST DESCRIBED POINT; THENCE SOUTHWESTERLY,
ALONG SAID RIGHT OF WAY AND THE ARC OF SAID CURVE, HAVING A RADIUS OF
3784.83 FEET, A CENTRAL ANGLE OF 01"48'05", FOR AN ARC DISTANCE OF 11&99 FEET
TO THE. POINT Of BEGINNING.
SAID LANDS SITUATE IN THE CITY OF AVENTURA, MIAMI-DADE COUNTY, FlORIDA.
CONTAINING 9145 SQUARE FEET OR 0.210 ACRES MORE OR LESS.
THE BEARINGS REFERENCED ON THE ATTACH SKETCH ARE BASED ON AN ASSUMED
BEARING. THE SOUTH BOUNDARY OF SAID LOT 1 IS ASSUMED TO BEAR SOUTH
WIO'44" WEST.
THE ATTACHED SKETCH IS BASED ON A SURVEY PREPARED BY BLOOMSTER
PROFESSIONAL LAND SURVEYORS, 1Ne. DATED 03-18-88, UNDER JOB NUMBER 2112,
AS PROVIDED BY CUENT.
CERTIFICATE:
WE HEREBY CERTIFY THAT THIS DESCRIPT10N AND SKETCH CONFORMS TO THE
MINIMUM TECHNICAL STANDARDS FOR LAND SURVEYING IN THE! STATE OF FlORIDA,
AS OUTUNED IN CHAPTER 81G17-1 (FLORIDA ADMINISTRATIVE CODE), AS ADOPTED
BY THE DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, BOARD OF
- -PROFESSIONAL' SURVEYORS AND MAPPERS-IN SEPTEMBER, '1981; AS -AMENDED;'
PURSUANT TO CHAPTER 472.027 OF THE Fl.ORIDA STATUTES, AND IS TRUE AND
COflRECT TO THE BEST OF OUR KNOWlEDGE AND BEUEF.
CRAVEN THOMPSON & ASSOCIATES, INC.
CERTIFICATE OF AUTHORIZATION NUMBER LB 271
BRENT A SPENCER
PROFESSIONAL SURVEYOR AND 'MAPPER NO. 6388
STATE OF FlORIDA
Not valid without the algnature and the original ~I.ed ...1 of . Florida licensed aurveyor
and mapper.
SHEET 1 OF 2 SHEETS
N:\CIerlcal\J0BS\2001\01.o103\LEGAL\S1oO 213 ST DEOICATlON-REV1.doc
Creeted on eN2Of1T 3:50:00 PM
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CRAVEN -THOMPSON & ASSOCIATES, INC.
ENGINEERS · PLANNERS SURVEYORS
3563 N.W. 53RO STREET FORT LAUDERDALE, FlORIDA 33309 (954) 739-6400
FAX: (954) 739-6409
FM: CITY OF A VENTURA
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t$' OHM/ACE tASCUCNt '. ~7H, IIOUNDA:J1Y L.OT 1 .....q.,~
(1)CR OTHER 00CfJIICNT) . . ' . ,
~ :. '. '. . PoINT OF CoMMENCEuCNT
. INTERSECTlON SOtJTH /J()(JN()ARY
Lor 1 ANfJ IlESr PlGHT (Jf' WA Y
BlSCA'tNC BOtILEVARD
UPOAltS and/or RElltSlONS OAlt
JOB NO.: 01-0103
DRAWN BY: BAS
SHaT 2 OF 2 SHEETS
BY CK'O !!!lJl 1h1 1IftdItIl..... .... CRA\IEN-1HOUPSON .. A$SOCIATES. IHC. -.....
_Iot_ I' ouoront_ .. to thl In_loft nollMlod _ ~ to
_I" ""'11-01-"'10 ..I _ ...... _ttorI..' .....--..11 - .-
. _or _tt... _ lurlll.., thIo tn.\Nmoftt Is not In_'" t. ,olloat .. Nt forth
III _. .....llotI. Su<* In_tloft ...- ... obtoln_ _ --lei "1 0.......
tIlroUlIh _"",,"t. tlu. ...rllcollan.
!I(g]t ~ "'own h..-, _. not ob.tnlclod for "",t-oI-..,. -II'
_blol_'
G:\2001 \070103\DwG\SO-NE: 27.3 ST OE:qICA 17~-RCVl.D~
CHECKEl) BY: MRM ':".B.N/A PC. H/A l)I,ltO: 06/06/07.
EXHIBIT B
City Parcel
DESCRIPTION: CITY PARCEL
A PORTION OF LOT 1, BLOCK 3, SECTION 34, TOWNSHIP 51 SOUTH, RANGE 42 EAST,
TOWN OF HALLANDALE, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT
BOOK "8", PAGE 13, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA,
AN9-A--PGImGN-GF-'I'-HE-RESEAVEB-AREA-GF-HAl:\;ANDAl:E-PARK,AGeGRDING-T-G.
THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 12, PAGE 37, OF THE PUBLIC
RECORDS OF MIAMt-DADE COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: .
BEGINNING AT THE INTERSECTION OF THE SOUTH BOUNDARY OF SAID LOT 1, WITH
THE WEST RIGHT OF WAY OF BlSCAYNE BOULEV ARDj
THENCE SOUTH "'50'44" WEST, ALONG THE SOUTH BOUNDARY OF SAID LOT 1 AND
THE SOUTH UN! OF SAID HALLANDALE PARK, A DISTANCE OF 156.02 FEET TO THE
EAST UNE EXTENDED SOUTH OF BLOCK 40 OF SAID HALLANDALE PARK; THENCE
NORTH OC)"01'20. WEST, ALONG THE SAID EAST UNE EXTENDED, A DISTANCE OF 32.01
FEET; THENCII NORTH "'&3'23" EAST, A DISTANCE OF 32.28 FEET; THENCE NORTH
00-49'03. WEST, A DISTANCE OF 103,44 FEET; THENCE SOUTH 7'"08'30" EAST, A
DISTANCE OF 33.31 FEET; THENCE SOUTH 19"00'10" EAST, A DISTANCE OF 104.5&
FEET, THENCE SOUTH 23"20'50. EAST, A DISTANCE OF 42.32 FEET TO TH! WEST RIGHT
OF WAY OF BISCAYNE BOULEVARD, SAID POINT BEING ON THE ARC OF A CURVE
CONCAVE NORTHWESTERLY, WHOSE RADIUS POINT BEARS NORTH &r41'37" WEST
FROM THE LAST DESCRIBED POINT; THENCE SOUTHWESTERLY, ALONG SAID RIGHT
OF WAY AND THI! ARC OF SAID CURVE, HAVING A RADIUS OF 3784.13 FEET, A
CENTRAL ANGLE OF 00-51'11", FOR AN ARC DISTANCE OF l58.35 FEET TO THE POINT
OF BEGINNING.
SAID LANDS SITUATE IN THE CITY OF AVENTURA, MIAMl-DADE COUNTY, FLORIDA;
CONTAINING 11514 SQUARE FEET OR 0.380 ACRES MORE OR LESS.
THI BEARINGS RlFERENCED ON THE ATTACH SKETCH ARE BASED ON AN ASSUMED
BIlARING. THE SOUTH BOUNDARY OF SAID LOT 1 IS AS8UMm TO BEAR SOUTH
W80'44" WEST.
THE ATTACHED SKETCH IS BASED ON A SURVEY PREPARED BY BLOOMSTER
PROFESSIoNAL LAND 8URVEYORS,INC. DATED 0301...... UNDER JOB NUMBER 2112,
AS PROVIDED BY CUENT. .
CERTIFICATE:
WE HEREBY CERTIFY THAT nas DESCRIPTION AND SKETCH CONFORMS TO THE
MINIMUM TECHNICAL STANDAFlDS FOR LAND SURVEYING IN THE STATE OF FLORIDA,
.A$ ,OtJTIJNI!!D.1N ~APTE$A.I1G17~ (FL~RIDA_ADMI~AlJYE_CQDE),_AS ADO.~u
BY THE DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, BOARD OF
PROFESSIONAL SURVEYORS AND MAPPERS IN SEPTEMBER. 1981, AS AMENDED,
PURSUANT TO CHAPTER 472.027 OF THE FLORIDA STATUTES, AND IS TRUE AND
CORRECT TO THE BEST OF OUR KNOWLEDGE AND BEUEF.
CRAVEN THOMPSON. ASSOCIATES, tNe.
CERTIFICATE OF AUTHORIZATION NUMBER LB 271
BRENT A SPENCER
. PROFESSIONAL SURVEYOR AND MAPPER NO. 8388
STATE OF FLORIDA
Not valid without the algnature and the original relsed seal of a Florida licensed aurveyor
and mapper,
,~
SHEET 1 OF 2 SHEETS
N:\CIwlcaIUOBSI2OO1'(IHI103\LEGAL\S&D 213 ST CITY PARCa..REV1.doc .
Cr.ated on W2OO7 3:50:00 PM
DMDldmd
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(;} CRAVEN -THOMPSON & ASSOCIATES, INC.
~.,. ENGINEERS . PLANNERS · SURVEYORS
~ 3563 N.W. 53RD STREET FORT LAUDERDALE, FLORIDA 33309 (954) 739-6400
FAX; (954) 739-6409 .
'"OR'. CITY Of' AVENTURA I!llJE: lItS 1S.l!Q! " Sl<tltH (7 SUlM:Y, ...., anty . ~ Hplcllon
r 0fiIie ~IIon _ ....--. 11>... Il.. __ n. Raiel -". .......... of
:.:~;:'~:,";,I...I In c_ectlon with 1M __lion
SKETCH TO ACCOMPANY DESCRIPTION
CITY PARCEL
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HAJ.J.ENDA/.E PARK, Itl 1$' DRAINAGE EASEUENT
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'"' ~ II:: INTERSEC110N SOUTH lJ()(JN()ARY
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BY 0<'0 a...::,~.:~:..r.:. c:.A~;'~=~ :=~TE,;..: :;f~ 10
_18. ri9"'e-ol-wey. set bod< ..... ...-lIon.. ........1. - 0"'''
1Im1... mou.... 11M 1urtlI.., IhIe InelNmenl Ie not Inl_" 10 ..neq ., ..I ,...'"
.. _ m.U..... SucIl In_ _d be obloined ..... _Iltmed by olh....
""au'" .,.-cprloIe UlIe _"""\Ion. .
.~ . LAndi _.h"'_ .... not oIl.Irocled lor rlghl-ol-woy _lor
_II 01 _d. .
G: \200'\O'OJOJ\D~\SD-NE 21.3 ST DgJICATlON-RE:V1.DWG
CHECKEO BY: MRM F.B.N/A PC.N/A DATED: 06/06/07
.L
UPDATES ond/or REVISIONS DATE
EXHIBIT C
FORM OF SPECIAL WARRANTY DEED
Prepared by and return to:
SPECIAL WARRANTY DEED
This Special Warranty Deed made this
day of
whose post
(the
whose post
(the "Grantee"):
, 2006 by
office address IS
"Grantor"), to
office address IS
(Wherever used herein the terms "Grantor" and "Grantee" include all the parties to
this instrument and the heirs, legal representatives and assigns of individuals, and the
successors and assigns of corporations)
Witnesseth: That Grantor, for and in consideration of the sum of $10.00 and other valuable
considerations, receipt and adequacy of which is hereby acknowledged, hereby grants, bargains, sells,
conveys and confirms unto Grantee, all that certain land situate lying and being in the County of Miami_
Dade, State of Florida, and more particularly described as follows:
See Exhibit "A" attached hereto and made a part hereof (the
"Property").
Subject to:
(1) General and special taxes or assessments for the year 2008 and subsequent years;
(2) The Conditions, limitations, easements, restrictions, reservations, covenants and other
matters listed on Exhibit "B" attached hereto and made a part hereof; without reimposing
same and
(3) Applicable zoning ordinances, codes, rules and regulations.
Together, with all the tenements, hereditaments and appurtenances thereto belonging or in anywise
appertaining.
To Have and to Hold, the same in fee simple forever.
And Grantor hereby covenants with Grantee that Grantor is lawfully seized of the Property in fee
simple; that Grantor has good right and lawful authority to sell and convey the Property, and Grantor hereby
warrants the title to the Property and will defend the same against the lawful claims of all persons claiming
by, through or under the Grantor.
IN WITNESS WHEREOF, Grantor has signed and sealed these presents the day and year first
above written.
WITNESSES:
GRANTOR:
By:
Signature of Witness
Name:
Title:
Printed Name of Witness
Signature of Witness
Printed Name of Witness
STATE OF FLORIDA)
) SS:
COUNTY OF BROW ARD )
The foregoing Special Warranty Deed was acknowledged before me this _ day of
, 2006, by , as , a
, for and on behalf of said , who ( ) is
personally known to me, or ( ) produced drivers license as identification.
(Notary Seal)
Signature of Notary Public
Name of Notary Typed, Printed or Stamped
2
EXHIBIT D
NO LIEN, POSSESSION AND GAP AFFIDAVIT
)
SS:
STATE OF
COUNTY OF
)
BEFORE ME, personally appeared the undersigned,
frrst duly sworn upon oath, deposes and says:
, who being
1.
That
the
Affiant
is the
(the "Owner").
of
2. That the Owner is the owner of fee simple title to certain real property located in Miami _ Dade
County, Florida as more particularly described on Exhibit "A" attached hereto and made a part hereof by this
reference (the "Property").
3. That there have been no repairs, improvements or other work done to or labor, materials or
services bestowed upon the Property or any portion thereof for which any or all of the cost of the same remains
unpaid; and that no person, fIrm or corporation is entitled to a Mechanic's Lien against the Property under
Chapter 7] 3 of the Florida Statutes.
4. The Owner is in exclusive possession of the Property and no person, fIrm, corporation or other
entity has any interest, claim of possession or contract right with respect to the Property which is not a matter of
record in the Public Records of Broward County, Florida. There are no facts known to Affiant which would
give rise to such a claim being asserted against the Property.
5. That there are no matters pending against the Owner that could give rise to a lien that would
attach to the Property before the date of recording of the Special Warranty Deed from the Owner to the
(the "Grantee), and that the Owner has not and will not execute any
instrument, other than instruments set forth in the title commitment, that would adversely affect the title to or
transfer of the Property from the Owner to Grantee.
Affiant recognizes that Grantee is materially relying on the veracity of the contents of this Affidavit and
that the Title Company and is relying upon the representations made in this Affidavit in order to issue a policy or
policies oftitle insurance in connection with the conveyance of the Property from the Owner to Grantee. In this
regard, Affiant represents that the statements contained herein are true and correct in all respects.
FURTHER AFFIANT SA YETH NAUGHT.
Sworn and subscribed to before me this _ day of , 2008, by
, who (check one) [ ] is personally known to me or [ ] has produced a drivers
license as identification.
My Commission Expires:
Notary Public
Print Name:
2
EXHlBIT "E"
ROADWAY
,#,'~
3
EXHIBIT "F"
AGREENrnNTTOCONSTRUCT
THIS INSTRUMENT PREPARED BY:
John J. Kendrick III, Esq.
Weiss Serota Helfman Pastoriza
Cole & Boniske, P.L.
2525 Ponce de Leon Boulevard
Suite 700
Miami, Florida 33134
Telephone: (305) 854-0800
AFTER RECORDING. RETURN TO:
Telephone:
Tax Folio Identification Number:
AGREEMENT TO CONSTRUCT
",.~
THIS AGREEMENT TO CONSTRUCT (this "Agreement") is made and executed this
_ day of , 2008, by ROY R. LUSTIG, TRUSTEE OF
("Lustig"), whose mailing address is , and
CITY OF A VENTURA, a Florida municipal corporation ("City"), whose mailing address is
19200 West Country Club Drive, A ventura, Florida 33180.
RECIT ALS
On the date of this Agreement, Lustig has purchased from City the real property (the
"Property") located in Miami-Dade County, Florida, and more particularly described as:
See Exhibit "A" attached hereto and made a part hereof.
As part of the consideration for the City's sale of the Property to Lustig, Lustig has agreed
to commence construction of a roadway on the Property within three (3) years after the conveyance
of the Property to Lustig or such sooner date that a building permit is issued concerning
development of any portion of the City' Parcel or the Lustig's other properties( if this latter
phrase was in my note of City action- describe other Lustig lands if necessary) .
"'~
4
AGREEMENT
For Ten Dollars and other good and valuable consideration, Lustig and City agree as
follows:
1. Lustig covenants and agrees to begin construction of the Roadway on NE 213th
Street, as more particularly described on the attached Exhibit "B" (the "Roadway"), on a date that
is the earlier of (i) the date on which Lustig or a successor entity applies for and obtains a building
permit for the development of the Property; or (ii) the date which is three (3) years after the date of
the conveyance of the Property to Lustig (the "Construction Deadline").
2. If Lustig fails to begin construction of the Roadway before the Construction
Deadline or ifhaving began construction within said Construction Deadline shall fail to diligently
pursue to completion to City's satisfaction, Lustig agrees to promptly pay to the City the sum of
$400,000.00 (the "Roadway Damages") as liquidated damages for Lustig's failure to begin the
Roadway construction by the Construction Deadline and diligently complete the Roadway
Construction. If Lustig fails to pay City the Construction Damages within ten (10) business days
after the Construction Deadline, the Roadway Damages amount will accrue interest at the highest
rate allowed by law. Lustig acknowledges that if Lustig fails to begin the Roadway construction by
the Construction Deadline and diligently complete the Roadway Construction, the City will suffer
damages in an amount which cannot be ascertained with reasonable certainty on the date hereof, and
that the Roadway Damages amount to be paid to the City approximates the amount necessary to fully
compensate the City in the event of Lustig' s failure to construct the Roadway. Lustig acknowledges
that this is a bona fide liquidated damages provision and not a penalty or forfeiture provision.
3. Lustig's covenant to begin construction of the Roadway by the Construction
Deadline and to diligently complete the construction shall be binding on Lustig, its successors and
aSSIgns.
4. This Agreement shall be released by the City by recorded instrument upon the first
to occur of (i) commencement of construction ofthe Roadway by the Construction Deadline and
diligent completion thereof, or (ii) payment by Lustig of the Roadway Damages and all interest
accrued thereon.
5. Notwithstanding the foregoing, whenever a period of time is herein prescribed for
the taking of any action by a party, such party shall not be liable or responsible for, and there shall
be excluded from the computation of such period of time, any delays due to strikes, riots, acts of
God, shortages oflabor or materials, war, governmental delay, governmental laws, regulations or
restrictions, or any other cause whatsoever beyond the reasonable control of such party (other than
such party's financial inability to pay).
IN WITNESS WHEREOF, Lustig and City have executed this Agreement to
Construct on the date set forth above.
[SIGNATURE BLOCKS ON FOLLOWING PAGES]
5
Witnesses:
ROY R. LUSTIG, TRUSTEE
Print name
By:
Print name
ACKNOWLEDGMENT
STA TE OF FLORIDA )
SS:
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this _ day of
2008, by Roy R. Lustig, as Trustee of , who (check one) [ ] is
personally known to me or [ ] has produced a Florida driver's license as identification.
My commission expires:
[Print or type name]
(Notary Seal)
6
CITY OF A VENTURA, a Florida municipal
corporation
Witnesses:
Print name
By:
Eric M. Soroka, City Manager
Print name
Attest:
, City Clerk
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
FOR THE USE AND RELIANCE OF THE CITY ONLY:
Weiss Serota Helfman Pastoriza Cole &
Boniske, P.L., City Attorney
ACKNOWLEDGMENT
STATE OF FLORIDA )
SS:
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this _ day of
2008, by Eric M. Soroka, City Manager of the City of A ventura, a Florida municipal corporation,
on behalf of the corporation, who (check one) [ ] is personally known to me or [ ] has produced a
Florida driver's license as identification.
My commission expires:
[Print or type name]
(Notary Seal)
7
DESCRIPTION: RESERVED AREA TO BE ABANDONED
A PORTION OF THE RESERVED AREA LYING EAST OF AND ADJACENT TO LOT 10,
BLOCK 40, HALLANDALE PARK, ACCORDING TO THE PLAT THEREOF, AS RECORDED
, IN PLAT ISOOK 12, PAGE 37, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY,
:----------------~--FI;eRIDA;-DESeRIBED-AS-Fe\;I;;6W.S:--------
BEGINNING AT THE SOUTHEAST CORNER OF SAID HALLANDALE PARK PLATi THENCE
SOUTH 89"50'44" WEST, ALONG THE SOUTH UNE OF SAlD HALLENOALE PARK, A
DISTANCE OF 86.41 FEET TO THE SOUTHERLY EXTENSION OF THE EAST UNE OF SAID
LOT 10, BLOCK 40; THENCE. NORTH ocro6'20" WEST, ALONG SAID EXTENSION AND
THAN ALONG SAID EAST UNE OF LOT 10, A DISTANCE OF 142.08 FEET TO THE
NORTH~AST CORNER OR SAID LOT 10i THENCE SOUTH 78-08'30" EAST, A DISTANCE
OF 65.08 FEET TO THE EAST LINE OF SAID HALLANDALE PARK PLATi THENCE SOUTH
01.1.'48" EAST, ALONG SAID EAST WNE, A DISTANCE OF 128.58 FEET TO THE POINT
OF BEGINNING;
SAID LANDS SITUATE IN THE CITY OF AVENTURA, MIAMI-DADE COUNTY, FLORIDA.
CONTAINING 8,790 SQUARE FEET OR 0.202 ACRES MORE OR LESS.
THE BEARINGS REFERENCED ON THe ATTACH SKETCH ARE BASED ON AN ASSUMED
BEARING. THE SOUTH BOUNDARY OF HALLANDALE PARK, ACCORDING TO THE PLAT
THEREOF, AS RECORDED IN PLAT BOOK 12, PAGE 37, OF THE PUBLIC RECORDS OF
MIAM1-DADE COUNT. IS ASSUMED TO BEAR SOUTH 89"50'44w WEST.
THE ATTACHED SKETCH IS BASED ON A SURVEY PREPARED BY BLOOMSTER
PROFESSIONAL LAND SURVEYORS, INC. DATED 03-18-91; UNDER JOB NUMBER 2112,
AS PROVIDED BY CLIENT.
CERTIFICATE:
WE HEReBY CERTIFY THAT THIS DESCRIPTION AND SKETCH CONFORMS TO THe
MINIMUM TECHNICAL STANDARDS FOR !-AND SURVEYING IN THE STATE! OF FLORIDA,
AS OUTLINED IN CHAPTER 81G17-e (PLORID~ .ADMlNlSTRATlVE CODE), AS ADOPTED
BY THE DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, BOARD OF
PROFESSIONAL SURVEYORS AND MAPPERS IN SEPTEMISER, 1081, AS AMENDED,
PURSUANT TO CHAPTER 472.027 OF THE FLORIDA STATUTES, AND IS TRUE AND
CORRECT TO THE BEST OF OUR KNOWLEDGE AND BEUEF.
,;I~
CRAVEN THOMPSON' ASSOCIATES, INC.
CERTIFICATE OF AUTHORIZATION NUMBER La 271
BRENT A SPENCER
PROFESSIONAL SURVEYOR AND MAPPER NO. 6388
STATE OF FLORIDA
Not valid without the signature and the original raised seal of . Florida IIceneed surv.yor
and mapper.
SHEET 1 OF 2 SHEETS
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CRAVEN -THOMPSON & ASSOCIATES, INC.
ENGINEERS · PLANNERS · SURVEYORS
3563 N. W. 53RD STREET FORT lAUDERDALE. FlORIDA 33309 (954) 739-6400
FAX: (954) 739-6409
FOft: CITY OF A VENTURA
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DESCRIPTION: 15' DRAINAGE EASEMENT
A PORTION OF LOT 1, BLOCK 3, SECTION 34, TOWNSHIP 51 SOUTH, RANGe 42 EAST,
TOWN OF HALLANDALE, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT
BOOK "8", PAGE 13, OF THE PUBUC RECORDS OF MIAMI-DADE COUNTY, FLORIDA,
---AND-A-POFr-rION-OF-THE-RESERVED-AREA-OF-HAbbANDAI.E-PARK,AGGORDlNG-T.Q-----
THE PLAT THEREOF, AS RECOROED IN PLAT BOOK 12, PAGe 37, OF'THE PUBLIC
RECORDS OF MIAMI-DADE COUNTY, FLORIDA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE SOUTH BOUNDARY OF SAID LOT 1, WITH
THE WEST RIGHT O,F WAY OF BlSCAYNE BOULEVARD; THENCE SOUTI:f 89-50'44"
WEST, ALONG THE SOUTH BOUNDARY OF SAID LOT 1 AND THE SOUTH UNE OF SAID
HALLENDALE PARK, A DISTANCE OF 156.02 FEET TO THE SOUTHERLY EXTENSION OF '
THE EAST UNE OF LOT 10, BLOCK 40 OF SAID HALLENDALE PARK; THENCE NORTH
00"01'20" WEST, ALONG THE SAID EXTENSION, A DISTANCE OF 15.00 FEET TO A POINT
ON A LINE 16.00 FEET NORTH OF AND PARALLEL W11'H THE SOUTH UNE SAID LOT 1i
THENCE NORTH "'SO'44" EAST ALONG SAID PARALLEL UN" A DISTANCE OF 182.44
FEET TO SAID WEST RIGHT OF WAY, SAID POINT BEING ON THE ARC OF A CURVE
CONCAVE NORTHWESTERLY, WHOSE RADIUS POINT BEARS NORTH 67"05'12" WEST
FROM THE LAST DESCRIBED POINT: THENCE SOUTHWESTERLY, ALONG SAID RIGHT
OF WAY AND THE ARC OF SAID CURVE, HAVING A RADIUS OF 37114.83 FEET, A
CENTRAL ANGLE OF 01"14'49", FOR AN ARC DISTANCE OF 16.32 FEET TO THE POINT
OF BEGINNING.
SAID LANDS SITUATE IN THE CITY OF AVENTURA, MIAMI-DADE COUNTY, FLORIDA.
CONTAINING 2389 SQUARE FEET OR 0.064 ACRES MORE OR LEss.
THE BEARINGS REFERENCED ON THE ATTACH SKETCH ARE BASED ON AN ASSUMED
BEARING. THE SOUTH BOUNDARY OF SAID LOT 1 IS ASSUMED TO BEAR SOUTH
89"50'44" WEST.
THE ATTACHED SKETCH IS BASED ON A &URVIIY ,PREPARED BY BLOOMSTER
PROFESSIONAL LAND SURVEYORS, INe. DATED 03-18-'" UNDER JOB NUMBER 2112,
AS PROVIDED BY CUENT.
CERnFICATI!:
WE HIAEBY CERTIfY THAT THIS DESCRIPTION AND SKETCH CONFORMS TO THE
MINIMUM TECHNICAL STANDARDS FOR LAND SURVEYING IN THE STATE OF FLORIDA,
AS OUTUNED IN CHAPTeR .1G17" (FLORIDA ADMINISTRATIVE CODE), AS ADOPTED
BY THI! DEPARTMENT OF ISUSlNI!SS AND PROFESSIONAL REGULATION, BOARD OF
PRQf=USIONAL. SURVEYORS AND MAPPERS IN SEPTEMBER, 1981, AS AMENDED,
... ___PURSUANT TO CHAPTER 472.027 OF..THE FLORIDASTATUTES..AND.ISTRlI~,ANO.
CORRECT TO THE BEST OF OUR KNOWLEDGE AND BEUEF.
CRAVEN THOMPSON .. ASSOCIATES. INC.
CERTIFICATE OF AUTHORIZAnON NUMBER LB 271
BRENT A SPENCER
PROFESSIONAL SURVEYOR AND MAPPER NO. 6388
STATE OF FLORIDA
Not vaRd w1~t the algnature and the original ralaed seal of a Florida licensed aurveyor
and mapper.
SHEET 1 OF 2 SHEETS
H:'lClerIcaNOBlNOO1\ll1001031l.EGAL\S&D 213 ST DRAIN ESMT-fl1V1.doc
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CRAVEN -THOMPSON & ASSOCIATES, INC.
ENGINEERS PLANNERS SURVEYORS
035603 N.W. 5JRD STREET FORT LAUDERDALE, FLORIDA J-30309 (954) 7039-6400
FAX: (954) 739-6409
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INTERSECT/ON SOtITH BOfJNOAR'/'
LOT 1 AND lfEST RIGHT CY WA Y
8tSCA 'tNC BtiuLEVARO
JOe NO.: 01-0103
DRAWN BY: BAS
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UPOA TES Qt\d/Of' REVISIONS DATE
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
FROM: Eric M. Soroka, ICMA-CM,
TO: City Commission
DATE: December 14, 2007
SUBJECT: Ordinance Changing the Date for Mayor and Commission Elections
1st Reading January 8,2008 City Commission Meeting Agenda Item ~E
2nd Reading February 5, 2008 City Commission Meeting Agenda Item ~,. E
As discussed at the November Workshop Meeting, the County Elections Department
has advised the City that if we were to change our election date to coincide with the
County elections, the City would save about $60,000 each election cycle.
In order to achieve the cost savings which would also increase voter turnout, the City's
election date would change from March in odd-numbered years to November on even-
numbered years.
The City Attorney has prepared the attached Ordinance to implement this change. It
would require voter approval at a special mail-in ballot on April 22, 2008 election. If
approved by the voters, the next election would be held in November 2010.
If you have any questions, please feel free to contact me.
EMS/act
Attachment
CC01607-*07
ORDINANCE NO. 2008-
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF A VENTURA, FLORIDA, PROVIDING FOR THE
SUBMISSION TO THE ELECTORS OF PROPOSED
AMENDMENTS TO THE CITY CHARTER IN
ACCORDANCE WITH SECTION 6.02(A) OF THE CITY
CHARTER; SUBMITTING PROPOSED CHARTER
AMENDl\1ENTS CONCERNING SECTION 2.03
"ELECTION AND TERM OF OFFICE" AND SECTION 5.01
"ELECTIONS"; PROVIDING FOR CHANGE OF DATE OF
GENERAL CITY MAYORAL AND COMMISSION
ELECTIONS AND FOR THE RELATED EXTENSION OF
THE TE&lVI OF OFFICE AND THE ALLOWED LENGTH
OF SERVICE; PROVIDING REQUISITE BALLOT
LANGUAGE FOR SUBMISSION TO THE ELECTORATE;
CALLING A SPECIAL ELECTION ON THE PROPOSED
AMENDMENTS TO THE CITY CHARTER TO BE HELD
ON TUESDAY, THE 22ND DAY OF APRIL, 2008;
PROVIDING NOTICE OF ELECTION; PROVIDING FOR
MAIL BALLOT ELECTION; PROVIDING FOR
INCLUSION IN THE CHARTER; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the Miami-Dade County Supervisor of Elections has recommended that the
City of A ventura consider revising the date of regular City mayoral and commission elections
from the first Tuesday in March of odd-numbered years to the first Tuesday after the first
Monday in November of even-numbered years in order to coincide with the regular county-wide
general elections; and
WHEREAS, the City Commission finds that considerable cost savings will result for the
City by revising the City's general election dates as described above, and further finds that the
election date revision may serve to enhance voter participation in the City's electoral process;
and
WHEREAS, the City Commission desires to amend the City Charter in order to
implement the above described City general election date change and the corresponding
extension of the ternl of office and length of service which is necessary for an orderly transition
of the election date change, and desires to submit the Charter Amendments to the electors of the
City for approval or rejection as provided herein.
NOW, THEREFORE, IT IS HEREBY ORDAINED BY THE CITY COMMISSION
OF THE CITY OF A VENTURA, FLORIDA, AS FOLLOWS:
Section 1. Recitals Adopted. That each of the above-stated recitals are hereby adopted
and confirmed.
Section 2. Charter Amendments. That pursuant to Section 6.02(a) of the City Charter
and Section 6.03 of the Miami-Dade County Charter, the City Charter of the City of A ventura,
Florida, is hereby amended by amending the City Charter Sections described below in Parts A-B,
to read as follows: 1
Part A.
That Section 2.03 "Election and Term of Office" of the City Charter, is
amended by revising paragraph (a) "Election and term of office" and paragraph (c) "Limitations
on lengths of service" of this section, to read as follows:
Section 2.03. Election and term of office.
(a) Election and term of office. Each Commissioner and the
Mayor shall be elected at-large for four year terms by the
electors of the City in the manner provided in Article V of this
Charter. The four year term length which is provided for in
this paragraph (a). shall be extended as necessary to
accomplish the election date revision made pursuant to
Charter Section 5.01 (c)(ii) of the City Charter. as applicable.
Accordingly. the ten11 of office ofthe Mavor and Commission
Seats 2. 4. and 6 which would otherwise expire in March of
1 / Proposed additions to existing City Charter text are indicated by underline; proposed deletions from
existing City Charter text are indicated by strikethrough,
2
2009 shall instead expire in November 2010, and the term of
office of Commission Seats 1, 3 and 5 which would otherwise
expire in March of 201 L shall instead expire in November
2012.
***
/'
(c) Limitations on lengths of service. No person shall serve as
Mayor for more than two consecutive elected terms. No person may
serve on the Commission for more than two consecutive terms. No
person may serve as a combination of Mayor and Commissioner for
more than eight consecutive years, except for the additional length of
service as Mayor and/or Commissioner described in paragraph (a)
above, which results from the extension of the term of office of
Mayor and/or Commissioner as produced by the election date change
provided by Charter Section 5.01 (c)(ii). Service shall be deemed to
be consecutive unless there is an intervening four-year period during
which the individual does not serve as a Commissioner or Mayor (the
"Break in Service"). Any person serving the maximum amount of
time as Mayor must have a four year Break in Service before serving
as a Commissioner. Any person serving the maximum amount of
time as a Commissioner must have a four year Break in Service
before serving as Mayor. Any person serving the maximum amount
of time as a combination of Mayor and Commissioner must have a
four year Break in Service before serving as Mayor or Commissioner.
This Break in Service requirement shall be applicable only
prospectively and shall apply to any person who after the effective
date of this Break in Service provision reaches the maximum
limitation on length of service which is provided herein. No
candidate may run for either the office of Mayor or Commissioner
when, if elected, the person would exceed the limitations on service
set forth in this paragraph by any length of time taking into account
the full regular term for the office sought.
,.
Part B. That Section 5.01 "Elections" of the City Charter is amended by amending
paragraph (c) "Election dates" of this section, to read as follows:
Section 5.01. Elections.
***
(c)
Election dates.
ill
A general election shall be held in each odd-numbered year,
on the first Tuesday in March. However, this subparagraph (i)
"",
3
shall not be applicable subsequent to the general election held
in March 2007. After March 2007, general elections shall be
held as provided in subparagraph (in below.
UiL The general election date is hereby revised so that a general
election shall be held in 2010 and thereafter in each even-
numbered year, on the first Tuesday following the first
Monday of November of that year.
Section 3. Election Called.
A. That a special election is hereby called, to be held on Tuesday, the 22nd day of
April, 2008, to present to the qualified electors of the City of A ventura, the ballot question
provided in Section 4 of this Ordinance.
B. That the City Commission may by Resolution alter the date of the special election
in the event that the Commission finds that unforeseen circumstances require it to do so.
Section 4. Form of Ballot.
A. That the form of ballot for the Charter Amendments provided for in Section 2 of
this Ordinance shall be substantially, as follows:
1. Change of General Election Date for Mayoral and Commission Elections
The City Charter currently provides for the Mayor and Commissioners to
be elected in March of odd-numbered years. It is proposed that the
Charter be amended to provide for the general election for the Mayor and
Commissioners to be held in November of even-numbered years, and for
the term of office and allowed length of service to be extended to
accomplish this election date change.
Shall the above-described Charter Amendment be adopted?
[ ] Yes
[] No
4
B. That the City Commission may revise the ballot form which is set forth above by
Resolution.
Section 5. Balloting. That mail ballots, as prescribed by Section 101.6101-101.6107,
Florida Statutes, shall be used in this special election. All qualified City electors who are timely
registered in accordance with law shall be entitled to vote. The City Clerk is authorized to obtain
any necessary election administration services from the Miami-Dade County Supervisor of
Elections. The County registration books shall remain open at the Office of the Miami-Dade
County Supervisor of Elections until March 24, 2008, at which date the registration books shall
close in accordance with the provisions of the general election laws. The Miami-Dade County
Supervisor of Elections is hereby authorized to take all appropriate action necessary to carry into
effect and accomplish the provisions of this Ordinance. This special election shall be canvassed
by the County Canvassing Board unless otherwise provided by law.
Section 6. Notice of Election. That notice of said election shall be published in
accordance with Section 100.342, Fla. Stat., in a newspaper of general circulation within the City
at least 30 days prior to said election, the first publication to be in the fifth week prior to the
election (to-wit: during the week commencing Sunday, March 16, 2008), and the second
publication to be in the third week prior to the election (to-wit: during the week commencing
Sunday, March 30,2008), and shall be in substantially the following form:
"NOTICE OF SPECIAL ELECTION
PUBLIC NOTICE IS HEREBY GIVEN THAT PURSUANT TO
ORDINANCE NO. ADOPTED BY THE CITY
COMMISSION OF THE CITY OF A VENTURA, FLORIDA
(THE "CITY") A SPECIAL ELECTION HAS BEEN CALLED
AND ORDERED TO BE HELD WITHIN THE CITY ON
5
,~,~~-
TUESDA Y, THE 22ND DAY OF APRIL, 2008, BY MAIL
BALLOT, AT WHICH TIME THE FOLLOWING CHARTER
AMENDMENT PROPOSAL SHALL BE SUBMITTED TO THE
QUALIFIED ELECTORS OF THE CITY FOR APPROVAL OR
REJECTION.
Change of General Election Date for Mayoral and Commission
Elections
The City Charter currently provides for the Mayor and Commissioners to
be elected in March of odd-numbered years. It is proposed that the
Charter be amended to provide for the general election for the Mayor and
Commissioners to be held in November of even-numbered years, and for
the term of office and allowed length of service to be extended to
accomplish this election date change.
Shall the above-described Charter Amendment be adopted?
[] Yes
[] No
The full text of the proposed City Charter Amendments is available at the
office of the City Clerk located at 19200 West Country Club Drive, Aventura,
Florida 33180.
"
City Clerk
Section 7. Copies. That copies of this Ordinance proposing the Charter Amendments
are on file at the offices of the City Clerk located at 19200 West Country Club Drive, Aventura,
Florida 33180, and are available for public inspection during regular business hours.
Section 8. Effectiveness. That the Charter Amendments provided for in Section 2 above
shall become effective if the majority of the qualified electors voting on the Charter Amendment
vote for its adoption, and it shall be considered adopted and effective upon certification of the
6
election results, Following adoption of the Charter Amendments, the City Clerk shall file the
adopted Charter Amendments with the Clerk of the Circuit Court of Miami-Dade County,
Florida.
Section 9. Inclusion In The Charter. Subject to the requirements of Section 8 above, it
is the intention of the City Commission and it is hereby provided that the Charter Amendments
shall become and be made a part of the Charter of the City of A ventura; that the Sections of this
Ordinance may be renumbered or relettered to accomplish such intention.
Section 10. Effective Date of Ordinance. That this Ordinance shall become effective
immediately upon adoption on second reading.
The foregoing Ordinance was offered by Commissioner
its adoption on first reading. This motion was seconded by
, and upon being put to a vote, the vote was as follows:
, who moved
Commissioner
Commissioner Zev Auerbach
Commissioner Teri Holzberg
Commissioner Billy Joel
Commissioner Michael Stem
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 Stem
Commissioner Luz Urbaez Weinberg
Vice Mayor Bob Diamond
Mayor Susan Gottlieb
PASSED AND ADOPTED on first reading this 8th day of January, 2008.
7
PASSED AND ADOPTED on second reading this 5th day of February, 2008.
Susan Gottlieb, Mayor
ATTEST:
Teresa M. Soroka, MMC
City Clerk
Approved as to Form and Legal Sufficiency:
~~
City Attorney
,.......
8
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
FROM: Eric M. Soroka, I
City Manager
TO: City Commission
BY: Joanne Carr, AIC
Planning Director
DATE: January 14, 2008
SUBJECT: Request for Conditional Use approval pursuant to Section 31-144 (e)(2)(h)
of the City's Land Development Regulations to permit a furniture display
showroom at the IDEA Furniture business office on premises located at
20900 NE 30 Avenue, Aventura (01-CU-08)
February 5, 2008 City Commission Meeting Agenda Item I {)
RECOMMENDATION
It is recommended that the City Commission approve the request for Conditional Use
Approval to permit a furniture display showroom at the IDEA Furniture business office in
office condominium Unit 102 at the One Aventura Executive Center building located at
20900 NE30 Avenue, City of Aventura, subject to the following conditions:
1. This recommendation is subject to adoption by the City Commission of an
ordinance to permit display showrooms as a conditional use in the Office Park
(OP) zoning district. As of the date of writing of this report, the ordinance has
been passed on first reading. Second reading is scheduled on the February 5,
2008 City Commission Meeting Agenda.
2. Prior to issuance of a certificate of occupancy or completion for the unit, the
applicant shall record a covenant, in form satisfactory to the City Manager and
the City Attorney, containing the following restrictions:
i) The furniture display showroom shall be established only in conjunction with
the business office of IDEA Furniture located within the same unit. Any
discontinuation of the IDEA Furniture business office at this location shall
immediately rescind this approval; and
ii) The furniture showroom shall be located on the ground floor of the building;
iii) Only samples related to the IDEA Furniture business office use shall be
displayed in the showroom;
iv) The samples displayed in the showroom shall not be sold to end users;
v) Inventory shall not be stored in the showroom;
vi) Samples delivered to the showroom shall be utilized for display purposes
only;
vii) Samples shall not be delivered to or from the showroom for use by end
users; and
viii) Samples delivered to the showroom for display purposes shall only be
delivered to the showroom within normal business hours of the office
building in which the showroom is located.
3. Permits for installation of the display showroom as part of the business office shall
be obtained within twelve (12) months of the date of the Resolution or the
approvals granted shall be deemed null and void unless extended by a motion of
the City Commission.
4. Any discontinuation of the display showroom for a period of 180 consecutive days
shall constitute abandonment and shall rescind this approval.
THE REQUEST
The applicant, G & D Aventura, LLC, is requesting conditional use approval pursuant to
Section 31-144(e)(2)(h) of the City's Land Development Regulations to permit a display
showroom in the IDEA Furniture business office unit on land designated Office Park
(OP) zoning located at 20900 NE 30 Avenue. (See Exhibit #1 for Letter of Intent and
Exhibit #2 for Supplemental Letter of Intent)
BACKGROUND
OWNER OF PROPERTY
G & D Aventura, LLC
APPLICANT
G & D Aventura, LLC
ADDRESS OF PROPERTY
20900 NE 30 Avenue
(See Exhibit #3 for Location Map)
SIZE OF PROPERTY:
Approximately 2.11 acres
LEGAL DESCRIPTION
Lots 1 through 16 inclusive and Lots 27
through 42 inclusive, Block 2 of Hallandale
Park No. 11, according to the plat thereof
recorded in Plat Book 27, Page 39 of the
Public Records of Miami-Dade County, Florida
2
Zoning -
Subject Property: OP
Properties to the North: B2
Properties to the South: OP
Properties to the East: RS2
Properties to the West: OP
Existing land Use-
Subject property:
Properties to the North:
Properties to the South:
Properties to the East:
Properties to the West:
Office Park District
Community Business District
Office Park District
Residential Single Family District
Office Park District
Office Condominium Building
Chabad House Temple
Office Buildings
Single Family Residences
Funeral Home
Future land Use - According to the City of Aventura Comprehensive Plan, the
following properties are designated as follows:
Subject property:
Property to the North:
Property to the South:
Property to the East:
Property to the West:
Business and Office
Business and Office
Business and Office
Medium High Density Residential
Business and Office
The Site - The site is a 2.11 acre parcel with an existing 123,264 square foot, ten story
condominium office building and attached parking garage known as One Aventura
Executive Center.
The Project - The applicant is requesting conditional use approval to permit a furniture
display showroom on premises in the Office Park zoning district. The display
showroom is proposed to be established in conjunction with the business office of IDEA
Furniture in a ground floor office condominium unit at the One Aventura Executive
Center at 20900 NE 30 Avenue. A floor plan showing the display area and the office
area is attached as Exhibit #4.
ANALYSIS
Consistency with Comprehensive Master Plan - The request is consistent with the
City of Aventura's Comprehensive Plan. The future land use designation for the parcel
is Business and Office.
Citizen Comments - The Community Development Department has received no
written citizen comments as of the date of writing of this report.
Community Development Department Analysis - The Office Park (OP) zoning district
is intended to provide for high-quality, semi-professional and professional offices in a
campus setting reflecting creative design and environmentally compatible use of space
3
and perimeter buffer areas. Permitted uses include business and professional offices,
dental and medical offices, banks, restaurants, hotels and accessory uses. Conditional
uses include business-related schools, pharmacies, marine industry uses, automobile
parking garages and all permitted uses in the Community Facilities District. Subject to
adoption of an amending ordinance on second reading at the February 5, 2008 City
Commission meeting, display showrooms meeting certain conditions will also be
allowed as a conditional use in the Office Park zoning district. Prohibited uses in this
zone are residential uses, adult entertainment, retail and non-marine industrial uses.
The applicant is requesting a furniture display showroom within a ground level office
condominium unit. It proposes to display samples of furniture, with no sales from the
unit and no inventory on site. The showroom will be established in conjunction with the
related business office. The proposed use conditions will prohibit retail sales from the
showroom but allow the business office to display its samples to clients. As there will
be no retail sales from the unit, the proposal does not conflict with the prohibited uses in
this zone.
Criteria
The following is staff's evaluation of the proposed use using the criteria for approval of
conditional uses found in Section 31-73(c) of the City's Land Development Regulations.
1. The proposed use shall be consistent with the Comprehensive Plan.
The request is consistent with the City of Aventura Comprehensive Plan. The future
land use designation for this parcel is Business and Office.
2. The establishment, maintenance or operation of the proposed use shall not be
detrimental to or endanger the public health, safety or general welfare.
The establishment, maintenance and operation of the proposed showroom will not be
detrimental to or endanger the public health, safety or general welfare. The conditions
of display showroom use will provide the safeguards necessary to ensure that the use
will not be detrimental.
3. The proposed use shall be consistent with the community character of the
immediate neighborhood of the proposed use.
The immediate neighborhood of the proposed use is comprised of office, commercial
and medium density residential uses. The proposed display showroom is consistent
with the community character of the immediate neighborhood.
4. Utilities, roadway capacity, drainage and other necessary public facilities, including
police, fire and emergency services shall exist at the City's adopted levels of service
or will be available concurrent with demand as provided for in the requirement of
these LOR's.
4
The site is developed. The proposed showroom will not change the current levels of
service required. Utilities, roadway capacity, drainage and other necessary public
facilities, including police, fire and emergency services exist at the City's adopted levels
of service or will be available concurrent with demand as provided for in the City's Land
Development Regulations.
5. Adequate measures exist or shall be taken to provide ingress and egress to the
proposed use in a manner that minimizes traffic congestion in the public streets.
The site is developed. Adequate measures have been taken to provide ingress and
egress to the proposed use in a manner that minimizes traffic congestion in the public
streets. Ingress and egress to the office building is existing on NE 30 Avenue and on
NE 209 Street.
6. The establishment of the conditional use shall not impede the development of
surrounding properties for uses permitted in the zoning district.
The establishment of this display showroom in the office condominium unit will not
impede the development of surrounding properties for uses permitted in the zoning
district.
7. The design of the proposed use shall minimize adverse affects, including visual
impacts of the proposed use on adjacent property through the use of building
orientation, setbacks, buffers, landscaping and other design criteria.
The design of the proposed use minimizes adverse effects, including visual impacts of
the proposed use on adjacent property through the use of building orientation,
setbacks, buffers, landscaping and other design criteria. The proposed furniture display
showroom will be established within a ground floor unit in an office condominium
building. The curved design of the building provides a fifty foot setback from the right of
way of NE 30 Avenue at its closest measure and a one hundred foot setback from its
farthest measure and this setback area is well landscaped. This setback, along with an
existing eight foot high concrete wall in the rear yards of the residential development
adjacent to the east, will buffer any visual impacts. The use condition that samples may
be delivered to the showroom only within normal business hours of the office building in
which the showroom is located will minimize any noise impacts to adjacent property.
5
Greenberg
Traurig
Clifford A Schulman
(305) 579-0613
Direct Fax (305) 961-5613
E-Mail schulmanc@gtlaw.com
November 28,2007
VIA HAND DELIVERY
RECEIVED
Exhibit 1
01-CU--OS
Ms. Joanne Carr
Planning Director
City of Aventura
19200 West Country Club Drive
A ventura, Florida 33180
Re: IDEA Furniture Showroom / G & D Aventura, LLC /20900 E 30th Avenue /
Conditional Use Application / Letter of Intent
Dear Ms. Carr:
On behalf of G & D A ventura, LLC, (the "Applicant"), the owner of the above referenced
property (the "Property"), I respectfully submit this letter of intent in connection with the
Applicant's conditional use application for a furniture showroom in the OP Zoning District. The
Property is presently zoned OP (Office Park) and is the site of an office building. As you are
aware, the Applicant has proposed an amendment to the Comprehensive plan which would allow
the proposed use as a furniture showroom in the OP zoning district. The proposed furniture
showroom will meet the applicable conditions required in order to allow the use in the district.
Pursuant to Section 31-73 of the Land Development Regulations (the "LDR's"), the Applicant
hereby submits a conditional use approval request so as to provide a new furniture showroom at
the ground floor of the office building.
We respectfully submit that this request for Conditional Use approval satisfies the review
criteria of Section 31-73 of the LDR's as follows:
(1) The proposed use shall be consistent with the Comprehensive Plan.
The Business and Office designation of the Comprehensive Plan encourages a full range
of sales and service activities. The proposed furniture showroom will help to further
these objectives.
(2) The establishment, maintenance or operation of the proposed use shall not be
detrimental to or endanger the public health, safety, or general welfare.
MIA 179821095v111/28/2007
Greenberg Traurig, P.A, I Attorneys at Law I 1221 Brickell Avenue I Miami, FL 33131 I Tel 305.579.0500 I Fax 305.579,0717 I www,gtlaw.com
Page 2
The establishment, maintenance and operation of the proposed showroom will not be
detrimental to or endanger the public health, safety, or general welfare. The new use
subject to the limitations imposed by the proposed comprehensive plan amendment will
provide the safeguards necessary to ensure that the use will not be detrimental.
(3) The proposed use shall be consistent with the community character of the immediate
neighborhood of the proposed use.
The immediate neighborhood of the proposed use is business and office along with
medium density residential. The proposed furniture showroom is consistent with the
character of the neighborhood and will serve to enhance the area.
(4) Utilities, roadway capacity, drainage, and other necessary public facilities, including
police, fire and emergency services, shall exist at the City's adopted levels of service, or
will be available concurrent with demand as provided for in the requirements of these
LDRs.
The proposed facility will not change the current levels of service required. As such, the
City's current levels of infrastructure and services are sufficient to accommodate the
proposed use.
(5) Adequate measures exist or shall be taken to provide ingress and egress to the
proposed use in a manner that minimizes traffic congestion in the public streets.
Adequate measures shall be taken to provide ingress and egress to the proposed use in a
manner that minimizes traffic congestion in the public streets.
(6) The establishment of the conditional use shall not impede the development of
surrounding properties for uses permitted in the zoning district.
A furniture showroom at this location will not impede the development of surrounding
properties.
(7) The design of the proposed use shall mInImIZe adverse effects, including visual
impacts, ofthe proposed use on adjacent property through the use of building orientation,
setbacks, buffers, landscaping and other design criteria.
The proposed facility has been designed so as to minimize impacts to the neighborhood.
In addition, extensive landscaping will provide further privacy and enhance the aesthetic
quality of the neighborhood.
MIA 179821095v1 11/28/2007
Greenberg Traurig, P,A.
Page 3
Accordingly, we respectfully submit that the proposed use satisfies the applicable review
criteria, and respectfully request that you favorably consider our request and schedule this
application for the next available agenda of the A ventura City Commission. If you have any
questions or would like to discuss this matter further, please contact me at 305-579-0613. Thank
you for your attention to this matter.
incerely, ~
Clifford A. Schulman .~ (
cc: Fernando Levy-Hara
Alejandro Martin
Javier F. Avifi6, Esq.
MIA 179821095v111/28/2007
Greenberg Traurig, P,A.
Greenberg
Traurig
Clifford A Schulman
(305) 579-0613
Direct Fax: (305) 961.5613
E-Mail: 5chulmanc@gtlaw.com
January] 7, 2008
VIA ELECTRONIC MAIL
Ms. Joanne Carr
Planning Director
City of A ventura
19200 West Country Club Drive
A ventura, Florida 33180
Exhibit 2
01-CU-08
Re: IDEA Furniture Showroom / G & D Aventura, LLC / 20900 NE 30th Avenue /
Conditional Use Application / Supplemental Letter of Intent
Dear Ms. Carr:
On behalf of G & D Aventura, LLC, (the "Applicant"), the owner of the above referenced
property (the "Property"), I respectfully submit this supplemental letter of intent in order to clarify
our conditional use application for a furniture showroom in the OP Zoning District. As you are
aware, the City Commission, on January 8th, approved on first reading an amendment to the City's
Land Development Regulations which would allow showrooms in the OP zoning district subject to
conditional use approval and various other conditions.
The Applicants' proposed furniture showroom will comply with these required conditions.
In particular, we want to assure you that the proposed use will strictly be a showroom and not a
traditional furniture store in that the business will be a design center and prospective customers will
only be able to view model pieces of furniture and place orders with the on-site office staff. There
will be no ability to take any furniture from the showroom or have delivery of any of the items on
display from the showroom, nor will there be any on site inventory other than the display items. The
subject space will be occupied only by the showroom area and an office to consult on design and
process furniture orders.
If you have any questions or would like to discuss this matter further, please contact me at
305-579-0613. Thank you for your attention to this matter.
~~
Clifford A. Schulman ,fo f
cc: Fernando Levy-Hara
Alejandro Martin
Javier F. Avina, Esq.
MIA 179,821,095v3 1/17/2008
Greenberg Traurig, P. A, I Attorneys atLaw I 1221 Brickell Avenue I Miami, FL 33131 I Tel 305.579.0500 I Fax 305,579,0717 I www,gtlaw,com
BROWARD COUNTY
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EXHIBIT 4
01-CU-08
YN,',.?h",:,c ; ~VENTURA BUREAU OFFICES /AVENTURA CITY'
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EXHIBIT 4
01-CU-08
Office/Showroom Detail
P, 1
'---
APPLICAN'l ....EPRESENT A TIVE AFFIDAVIT
Pursuant to Section 3 I -7 I (b )(2)(i) of the City of A ventura 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 identities
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
Attorney
Javier F. A vifie
Attorney
(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 SEe. 31-
71(B)(2)(lV) 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 ~ DAY OF tJ".J~ , 2007. \ ,
:~THO~ZED :::~u::T A TIVE OF APPLICANT X By ::~a::~
Name: Name: Fernando Levy-Hara
~~ ~~
Title:
Title:
Address:
Address: 17850 W. Dixie Highway, Suite 2B
North Miami Beach. Florida 33] 60
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE)
Before me the undersigned authority personally appeared Fernando Lev - as the authorized representative
of the Applicant and/or the owner of the property subject to the application, who . . liT first by me duly sworn, did swear or
affirm that he/she executed this Affidavit for the purposes stated therein and that it is' ,} d correct.
x
My commission expires:
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UOI SIWWO:) ^VII .. ~ 'Ii>
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eppOI::lIO alelS O!lqnd NelON"". ~
AFFl
t.)O(f::n8eAl ,.2007. P--
~~ .
Notary Pu IC tate of Florida At Large
Printed Name of Notary Alc1t41VdJlc. H/ti27TJv
.
L
'f SWORN TO AND SUBSCRIBED BEFORE ME this (j day of
MIA 179768623v110/1512007
BUSINESS RELATIONSHIP AFFIDA VIT*
This Affidavit is made pursuant to Section 3J-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] I. 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,
[ 12. 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:
[J i, Member of City Commission or Board holds an ownership interest in excess of J % of total assets or
capital stock of Applicant or Representative;
[ J ii. Member of City Commission or Board is a partner, co-shareholder (as to shares of a corporation which
are not listed on any national or regional stock exchange) or joint venturer with the Applicant or
Representative in any business venture;
[ I 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;
[J iv, A City Commissioner or Board member is a Client of the Applicant or Representative;
[ I v. The Applicant or Representative is a Customer of the member of the City Commission or Board (or of
his or her employer) and transacts more than $10,000,00 of the business of the member of the City
Commission or Board (or his or her employer) in a given calendar year;
[ ] vi. The member of the City Commission or Board is a Customer of th e Applicant or Representative and
transacts more than $25,000,00 of the business of the Applicant or Representative in a given calendar
year,
f.
WITNESS MY H . ND THIS -1L DA Y OF ~~etZ...
, 200~
APPLICANT:
~
By:
Name:
Title:
(Signature)
(Print)
(Print)
WITNESS MY HAND THIS
DA Y OF
,2006,
PROPERTY OWNER:
By:
Name:
Title:
(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,
MIA 179768623v110/15/2007
WITNESS MY HAND THIS ~ DA Y OF ~.J~~
,2007.
(Signature)
Name: Javier F. Avifi6
(Print)
By: (Signature)
Name: (Print)
Title: (Print)
By: (Signature)
Name: (Print)
Title: (Print)
By: (Signature)
Name: (Print)
Title: (Print)
By: (Signature)
Title: (Print)
Title: (Print)
By: (Signature)
Title: (Print)
Title: (Print)
By: (Signature)
Title: (Print)
Title: (Print)
(Signature)
By:
Name: Clifford A. Schulman
(Print)
Title: Attornev
(Print)
"t By:
(Signature)
Name: Fernando Levy-Hara
(Print)
Title: Applicant
(Print)
By: (Signature)
Title: (Print)
Title: (Print)
By: (Signature)
Title: (Print)
Title: (Print)
By: (Signature)
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 See, 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,
MIA 179768623v1 10/15/2007
WITNESS MY HAND THIS \') DA Y OF I.:,)oo~~ ,2007.
REPRESENTATIVE: (Listed on Business Relationship Affidavit)
By: (Signature) By: (Signature)
Name: Javier F, Avina (Print) Name: (Print)
Title: Attornev (Print) Title: (Print)
By: (Signature) By: (Signature)
(Print) Name: (Print)
Title: Attorne ,; (Print) Title: (Print)
'j By: (Signature) By: (Signature)
Name: -Hara (Print) Name: (Print)
Title: Applicant (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 See, 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.
MIA 179768623v110/15/2007
ST ATE OF FLORIDA )
COUNTY OF MfAMI-DADE)
NOT ARIZA TION PROVISION
Before me, the undersigned authority, personally appeared Clifford A. 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 SUBSCR1BED before me this _ day of
,2007,
Notary Public State of Florida At Large
Printed Name of Notary
My commission expires:
--------.. ..--....--- --..--- -.....-.. --..- -.. ...... -..--.......... -.... --.... ---oo.. _.. _..__.. ___ __ __.... ____ __...... __...... .._..____.. ____.. ___................ __ ___.... _............... _.._ _.._.. __.... __.. __ __ __ __... ___...... __ _.. __.. _...._ __...... _.......... .._oo......... __ _____ __..
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE)
Before me, the undersigned authority, personally appeared Javier F. Avifi6 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 -b- day of
. GONZALEZ
- State of Florida
. Sep 17, 2010
DO 553129
81 Notal)' Assn.
....... --.... ..----- ------- -..-...--- --..-.._.. ---.. -- -- --....... -... --...... --......- -- ------.. ---.. ----- --.....- ...---.. .. .......-.. -- ---.. -- --.. --.. --.... --............. -- -....... ...... .... --- --- --.. --.. -----...-.. .....--........... ..---- ----- -----.. ---- -..-.....- --------
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE)
~ ;
~ AFFIA , j
X SWORN TO AND SUBSCRIBED "'fore roo 'hi, 11- d" of '-'"",m8{j;, ~~
Notary Public State of Florida At Large
A Le-+fJJ~1lv I1A..l2..Tflv.
Printed ame of Notary
My commission expires:
Before me, the undersigned authority, personally appear Fernando Levy-Hara the Affiant, who being
first by me duly sworn, did swear or affirm that he/she exe u ed this Affidavit for the purposes stated
therein and that it is true and correct.
o~~.~ NotalY Public State of Florida
~ ': Alejandro Martin
~ ' ~ My Commission 00684438
~ Of ",df Expires 06/11/2011
''',_A....~. .,fl!....
MIA 179768623v1 10/15/2007
NOT ARIZA nON PROVISION
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE)
Before me, the undersigned authority, personally appeared Clifford
being first by me duly sworn, did swear or affirm that he/she executed this
therein and that it is true and correct.
Printed
My com
,;~""''', y . GONZALEZ
:. ~J .~ ~~ Notary Public. State of Florida
: . ~ ~ COl/l/n/so/QnExn; <'-
. =_______hu__"_ ...-....".+1-2010
.,;:,~ O. f\.~~'" Commission # 00 553129'
.,,,,,..' Bonded B N .
-.,.,,,,,, Y arlonal Notary Assn.
~---------------------------------------------------------------------------------------------------------------------
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE)
Before me, the undersigned authority, personally appeared Javier F. Avina 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.
Ji I~
~-1 I, n'^
SWORN TO AND SUBSCRIBED before me this day of (t.A; ),(JI]
, IS~GONZAlEZ
u . - Stale of Florida
. Sep 17.2010
. DO 553129
Bonded By N I NoIaty Assn.
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE)
Before me, the undersigned authority, personally appeared Fernando Levy-Hara 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
'X
AFFIANT
X SWORN TO AND SUBSCRIBED before me this _ day of
,2007
Notary Public State of Florida At Large
Printed Name of Notary
My commissIOn expires'
MIA 179768623v1 10/15/2007
RESOLUTION NO. 2008-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA GRANTING CONDITIONAL USE APPROVAL
TO PERMIT THE ESTABLISHMENT OF A FURNITURE DISPLAY
SHOWROOM IN THE OFFICE PARK (OP) DISTRICT FOR PROPERTY
LOCATED AT 20900 NE 30 AVENUE, CITY OF AVENTURA;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the property described herein is zoned OP, Office Park District; and
WHEREAS, the applicant, G & D Aventura LLC, through Application No. 01-CU-
08, is requesting Conditional Use approval to permit the establishment of a furniture
display showroom in the Office Park (OP) District; and
WHEREAS, the City Commission held a quasi-judicial public hearing as provided
by law to review the application; 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.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF A VENTURA, FLORIDA, THAT:
Section 1. Application for Conditional Use to permit establishment of a furniture
display showroom in the Office Park (OP) District on property located at 20900 NE 30
Avenue and legally described as Lots 1 through 16 inclusive and Lots 27 through 42
inclusive, Block 2 of Hallandale Park No. 11 according to a plat thereof recorded in Plat
Book 27, Page 39 of the Public Records of Miami-Dade County, City of Aventura,
Florida, is hereby granted subject to the following conditions:
1. Prior to issuance of a certificate of occupancy or completion for the unit, the
applicant shall record a covenant, in form satisfactory to the City Manager and the
City Attorney, containing the following restrictions:
i) The furniture display showroom shall be established only in conjunction
with the business office of IDEA Furniture located within the same unit.
Any discontinuation of the IDEA Furniture business office shall
immediately rescind this approval; and
ii) The furniture showroom shall be located on the ground floor of the
building; and
Resolution No. 2008-
Page 2
iii) Only samples related to the IDEA Furniture business office use shall be
displayed in the showroom; and
iv) Samples displayed in the showroom shall not be sold to end users; and
v) Inventory shall not be stored in the showroom; and
vi) Samples delivered to the showroom shall be utilized for display purposes
only; and
vii) Samples shall not be delivered to or from the showroom for use by end
users; and
viii) Samples delivered to the showroom for display purposes shall only be
delivered to the showroom within normal business hours of the office
building in which the showroom is located.
2. Permits for installation of the display showroom as part of the business office shall
be obtained within twelve (12) months of the date of the Resolution or the
approvals granted shall be deemed null and void unless extended by a motion of
the City Commission.
3. Any discontinuation of the display showroom for a period of 180 consecutive days
shall constitute abandonment and shall rescind this approval.
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 lev Auerbach
Commissioner Teri Holzberg
Commissioner Billy Joel
Commissioner Michael Stern
Commissioner Luz Urbaez Weinberg
Vice Mayor Bob Diamond
Mayor Susan Gottlieb
Resolution No. 2008-
Page 3
PASSED AND ADOPTED this 5th day of February, 2008.
Susan Gottlieb, Mayor
ATTEST:
TERESA M. SOROKA, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
This Resolution was filed in the Office of the City Clerk this
day of
CITY CLERK
,2008.
/'
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 sh~ is the
VICE PRES., Legal Notices of the Miami Daily Business
Review f/k/a Miami Review, a daily (except Saturday.. Su~day
and Legal Holidays) newspaper, published at Mi~ml In Miami-Dade
County, Florida; that the attached copy. of advert!sernent.
being a Legal Advertisement of Notice In the matter of
CITY OF AVENTURA - PUBLIC HEARING - FEBRUARY 5, 2008
APPLICANT NAME/NUMBER: AVENTURA LAND TRUST LLC, ETC.
in the XXXX Court,
was published in said newspaper in the issues of
01/24/2008
Affiant further says that the said Miami Da~l~ Bu~ine~s ,
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 ha~ 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 fir.st publication of the
attached copy of advertisement; and affiant furt~er says that h~ or
she has neither paid nor promised any person, firm or corporation
any discount, rebate, commission or r~fun,d f~r the pur,pose
of securing's advert' en for publicalion In the said
news pap ,
~
Sworn to and subscribed before me this
~)
2008
~
(SEAL)
O. V. FERBEYRE personally known t'f.1~)I,MESA
.. I NOTARY PUBLIC STATE OF FLORID,
. ... Commission #00293855
Expires: MARCH 04, 200r
,CITY'dQIAVENTURA
NO~E. OF ".LIC HEARING
'Qete and n"" ofPublrc ~ng: T08sdaY, february5, 2008
. 6:00p.m.
ApplrCant N8n1eiN...r: .Avent~a Laod Trust LLC .
03-CU-Q6 (MOD) & 01-AR-Q6 (MOD)
Applicant R'IIt1~I.TI ,... appl~, AWlnturai. LaoeJ'. TruSiTi.c:'i]
reqU8$ting mOdiflC8tJon Of Condition 1. of. Sectionj
~~.E
No. 2006-61 to Pennit temporary,surface Parking'
spacea for . the ~ved office buildinlil and
modification .to the construction phasingJ)lan, ail
for the City Park Aventura development on NE
207 Street betwden NE 29 Avenue arid NE 30
Avenue, Aventura
Location of Subject Property: Office Building: 2950. NE- 207 Street,
. City of Aventura
LegaJ Deacrlptlon: Lengthy IegaJdescription available at toe COmmunity
Development Department, 19200 West Country ClubDrlve, Aventura;
Florida..3318O.. .
Plans are on file and may be examined during reguJar,busine~hOurs at
the City of Aventura. GOV8ml1lent center.. Communltyf)eyeropment'
Department, .19200 VVes! Couritry Club Drive, Aventura, Flori4a. 33180.
Pfans may be mO(tifiedat or before the Public Hearing. Th, application
may change during th8 hearing process. . ..
The Public Hearing will be held in the Ci~ Commission Chamber at City
of Aventur~ Govemment Center at th8 address aboVe. Your comments'
may be made in person at the.hearing or.~.in writing Prk:lr to the
hearing date. Refefto~Ucant/property on ~al1(tmail
same to City of Avent!Jl'~ Government Center, .CommunitY DevelOpment
Department at the address above. For further infOrmation, please call
(305) 466-8940.
In accordance. with the Americans with Disabilities Act of 1990, all
persons. ""ho are disabled and who need special accomrnooati()Os to
participate in. this proceeding because of that disability shOUld. cOntact
the Office olthe CityCle~. (305) 466-8901, not later than two business
days prior to such proceedillg~.
If a person decides to appeal any d$ciSion made by the City Comml~ion )
with respect to anY matter considered at a meeting or hearing,3h.atl
person will need a record of the prQCEledingsand, for such purpose, mayl
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. .
Teresa M:Soroka, MMC, City Clerk!
1/24 08-3-55/953938M'
-:-.~_..~.':-'.~~'~.- ,'.- --~ ~~'.'_''';''''--
/'
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 PRES., 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.
bl:ling a Ll:lgai Advertisement ot Notice in the matter of
CITY OF AVENTURA - PUBLIC HEARING - FEBRUARY 5,2008
APPLICANT NAME/NUMBER: G&D AVENTURA LLC (01-CU-08)
in the XXX X Court,
was published in said newspaper in the issues of
01/24/2008
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 advertise r publication in the said
news pap .
Sworn to and subscribed before me this
~
-'2~
(SEAL)
0, V. FERBEYRE personally known to me
II! ' . MARIA I, MESA
.___-NOTARY P!J8t1C STATE OF FLOR/[;
~ CO'!1mlssion #DD29385E
ExpIres MARCH 04 200'
CITY OF AVENT""" .
NOTleEOf ~8L1C "PRING
. - . .
:~ IlridTlme of Public HearIng: Tuesday, February 5,2008
" . 6:00p.m.
_._""",-,~_-.-._._.,_...".,._~-.-
"
AppIICllMNanI!!lINUmber: G & D Aventura LLC (01-CU-OS)
Applicant Request: TIle. apprlCailt, G &OAventuraLLC. is requesting
conditional use approval for the establishment ofa .
fumitura display showroom in an Office Pari< (OP)
Distrk:t. . .
l.oc8tIon of SubjectProp8l'ly: . 20900 NE 30 Avenue, City of Aventura
LegaI.DeecrIptIon= ~~ 1 ttlrou9h 16 inclusive and Lo~ 27 through 42
inclusive BIock~. of HaB8ndaIe. Park No. 11, according to the plat thereof
recorded in Plat Book21, PalJ$ 39 of the Public RecorQs of M!ami-Dade
County, FJ?rIda, yityof~Y9!'1turll .
Plans are on flleaoomayb&examined durinQ'regui8fbustness hoW$ at
1i:~~:t~1E~1i~~
,maychangedurlngthe~process. ",,' '
~... ..<-~~
The Public Hearir)gwIIU.~.lnttjtCttyCciiiMjssiCll'tChamber alCily of
AventuraGov.etl1t'JMmtCentef at the address abQye. Your comments may
pe made In person" 'lfI<<jbaringor flI9d In .wrItIng'prior to the hearing
date. Referto.~ on ~..,.q rnaIl $8.ITI8 to
City of . Averrtura ~ 'Center; ComrnunIty DevelOpment
Depa~ at the ,~ abOve. For.~ information,..pIease call
(305) 466-8M).
ln~wIIIl1he~ will DisabIIIIiIIIs~ of 1990,all
perSOns ,whO 'are .dis8I;II8d .,am who need. speclaIaocommodatlonS to
participate in thIS proceecIrig ~ of that.dIsabiIlty should QOIl1act the
OffIce of the City Clerk, (3<15)466-8901, nC)t late' th8f! tvto business days
prior to suchProc:eedlngs. '
If a p9I$OI'l decides to 'appe$t any decision made by" City GommlssIon
with respect fuany fTiatter ~~ a meeting or hearing, tha~ pe(SOIl
wiUneed areCord of,the J)I'OCeading,$ and, for such plJfl).OS9, may need to
ensure ~ a verbat!m reCQrd of the proceedlngsi-tmade, which /'flC9I"d
includeS 1he testiln()nY and. evidence upon which . the ~ is Jo be
based. ., . '.
Teresa M. Soroka, MMC,PilY.CJerk
08-3-49~
1/24
.,PUIIUC NC)1'ICi'OF,
r!'O~.!~ORDlNA~"S',,'
NOTICE ISfU!FtEftV GIV1~f.ftr.at on,TuesC:ll1y;1t]~.5tfl day Of Febl'uary.
2008. at atAeetirlg qUtTectty;:GOmrtilSSiorfOf tI'l~ CItf Of Av,ntura to. be
1Ield at 6:00. ,p~,i~Itt~, ~l'nmiSsion'~.Ghan1\)8r'tf the Aventu1'!1
=ve~~~;~~~~t~.~~ra=
Ordlna!lee$,onS'econd'~aCfinQ"entl1le(l:'" ',:' , ""
AM ". OiiHNAiiCe.~bF .. .......(jF....lV~;-p[O..A
A~'~' ,.. ~TfIE(urvG~~VENTURA
CITY OF AVENTURA - PUBLIC NOTICE OF PROPOSED ~RO~{ ft,' . , .. ........:. :ekc:~rJ~~
ORDINANCE - FEBRUARY 5, 2008 - 19200 WEST COUNTRY CLUB DRIVEMAL~fl1"r. . 'P~.~~~~G'
in the XXX X Court, ~~'. . .,.. . 11',4-: .', '. ',' . /.,,~.,
was published in said newspaper in the issues ofA,.~OF1HE;CrrY~'PP~'f::ITV OF
A~~~;~fQrf . "_~TC1THe
EE.'OF""~'TO . "..., CITY
'. " '. ",' 'Ct\ll1.OFTHECA'Y
A POS8 ~
'"$.ECTK)N_:~""~ omcE"
ANDSECTtONS. . .. -.:PRC'M~~~oF
DATE ...9F.~E~ttCttYtiA '.- ..~~. "COMMiSStQN
ELECTIONS AND FoR'11te"-.t;ATEQ '. ." OJ'TlfE TERM
OF 'omcEANO'11tI!,:':ALLoWED '_,SERYICE;
p .' .' ....., ~...;"..... If \ ..... "', .. "fii:M!WeMIS8ION
RQ~G"~I"',,~ ". . .'
~'if~~~~~~:~~~
~n:s~~"c.r'.'~r:~~."'W~
ELECTIONi. PftCWI~,FOJ.f-lNCLUSIOtIlff 'Jt$l,CHARTERi
PMMPtHG "PORSEYERA-.rrY; AND PR~FOR AN
EFFEC'tIvE~;. . .'".. ".. "C .
'-~--'-h- -r--::;..,-.->.~-_.:~,.-,!j ...-' _' '-':"";~.
~ij'~~~~~bb~~~~;;:'
In. te. restea.' ',. p4i..~'."s'.' ." .' '. 'atthe. Public H lNl.i1tI. "Il.aflij' -..'b8...... 'tTeiUtt... .'WftJl.." ".
~to-'" '.' ""W~.AnpMsOn........Wit'tG~tne
......."...,. ...... '. ". . .' y -.._nnv
C~CommJ~tin'lnY~fl atth,l$ Pu~I1ng!fI8YttoW8ffe"he
;ypr~tb.epgbllg~";;S;., -/ ,,;i'>)';'> ,;." ;'" ,'. ,...."
to ~r'Clanee Wfththe .At!lericans witlI Pi.,iti"b~ctf)t,~. all
persOnsWfio .~"'. di,~ah(rwhp Re8d..p.cia(~atiQmdo
~rtiQiPate In .thIs. pro~,I:l'eca\lS8 of.~ '~'~OUId ~tact
,tne OffICE! Of, ,~e City9t~rk.'3~~1. ~ '.ttlantt!O ~~tlSS:
~~r19".iCh R~'", . . .}!r:Lf"';~" ". '
'.; "' ~:..~ _'f;, r;~...,-,:;:-;::]J--m-'''tt'w>, ._"". "."~-t~CI'~ ~-"" <_~ -.~'
ifa'p8~6n~t6~~Misionm8de6Y'~:~~
witl\ respect to any ,~r ~red at a meeting. or ~rilllJ,' that
person wiIIi'\ee<tl;J til9<'t:d Pf~proceedings and, for..su,pIl~8!~y
need to el'\Su", that a'yerbatlm tecord of the p~lrnl!~JS.ITl$de, which
record IrlCludes ttleteStimOny".and evidence upon which the,~Js to
be bllsed. ...,.." . '
.J"e'iesa M.Soroka, MMCCity'Clerk
~1~1,M
~
MIAMI CAlLY 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 PRES" 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 ot Notice in the matter of
01/15/2008
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 thi dvertis for publication in the said
newspaper.
Sworn to and subscribed before me this
~~D
2008
~
(SEAL)
O. V, FERBEYRE personally known to me
.' " ' MARtA I. MESA
:'.., .' NOTARY PUBllr STATE OF FLORID,
.' 9' Commission #DD293855
. Expires: MARCH 04, 2001"
CITYOF~AYEwrURA'
1/15
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CITY OF AVENTURA
NOTICE OF AMENDMENT OF THE
CITY'S LAND DEVELOPMENT
REGULATIONS
Public Notice is hereby given that the Aventura City
Commission will meet in a public hearing on Tuesday,
February 5, 2008 at 6:00 p,m, to consider adoption on
second and final reading of the following Ordinance:
AN ORDINANCE OF THE CITY OF
AVENTURA, FLORIDA, AMENDING
SECTION 31-144(e) "OFFICE PARK
(OP) DISTRICT"OF THE CITY'S LAND
DEVELOPMENT REGULATIONS TO
PERMIT DISPLAY SHOWROOMS AS A
CONDITIONAL USE SUBJECT TO
CERTAIN CONDITIONS; PROVIDING
FOR SEVERABILITY; PROVIDING FOR
INCLUSION IN THE CODE; PROVIDING
FOR AN EFFECTIVE DATE.
The above described Public Heari ng will be held com.
mencing at 6:00pm on Tuesday, February 5, 2008 in
the City Commission Chamber at City of Aventura
Government Center, 19200 West Country Club Drive,
Aventura, Florida, 33180, The proposed Ordinance
may be inspected by the public at the Office of the City
Clerk, 19200 West Country Club Drive, Aventura,
Florida, Interested parties may appear at the Public
Hearing and be heard with respect to the proposed
Ordinance,
In accordance with the Americans with Disabilities Act
of 1990, all persons who are disabled and who need
special accommodations to participate in this proceed.
ing because of that disability should contact the Office
of the City Clerk, (305) 466-8901, not later than two
business days prior to such proceedings,
If a person decides to appeal any decision made by
the City Commission, as Local Planning Agency or as
the governing body, with respect to any matter consid-
ered at a meeting or hearing, that person will need a
record of the proceedings and, for such purpose, may
need to ensure that a verbatim record of the proceed-
ings is made, which record includes the testimony and
evidence upon which the appeal is to be based,
Teresa M, Soroka, MMC, City Clerk
23
Reach over 1 million
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Running for office? Consider this:
. 83% of daily Miami Herald readers
living in the Miami.Ft, Lauderdale
DMA are registered to vote',
. Those readers are 35% more likely
to always vote in local elections
than the electorate at large',
. On any given week, 48% of the
Miami-Dade DMA registered
voters read The Miami Herald
and EI Nuevo Herald', and visit
MiamiHerald,com and
eINuevoHerald.com.
. TV and radio? Forget it. Only 17%
of those voters watch the top five
TV stations during primetime.
And only 12% listen to the top
five radio stations during morning
drivetime* .
Make sure the voters who count
see your political message,
Place your ad space today.
m:hc lfiiami !I{eral~
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ID
~ Source: Scarborough Research Rei. 1,2007, Miami-Ft LauderdaJe DMA, past week reach
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CITY OF AVENTURA
NOTICE OF AMENDMENT OF THE
CITY'S LAND DEVELOPMENT
REGULATIONS
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Public Notice is hereby given that the Aventura City
Commission will meet in a public hearing on Tuesday,
February 5, 2008 at 6:00 p,m, to consider adoption on
second and final reading of the following Ordinance:
AN ORDINANCE OF THE CITY OF
AVENTURA, FLORIDA, AMENDING
SECTION 31-171 (a)(6) "OFF-
STREET PARKING, LOADING AND
DRIVEWAY STANDARDS" OF THE
CITY'S LAND DEVElOPMENT
REGULATIONS TO PERMIT
MECHANICAL PARKING LIFTS TO
BE COUNTED AS REQUIRED
PARKING SPACES SUBJECT TO
CERTAIN CONDITIONS;
PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN
THE CODE; PROVIDING FOR AN
EFFECTIVE DATE.
>
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The above described Public Hearing will be held com.
menclng at 6:00pm on Tuesday, February 5, 2008 in
the City Commission Chamber at City of Aventura
Government Genter, 19200 West Country Club Drive,
Aventura, Flonda, 33180, The proposed Ordinance
may be inspected by the public at the Office of the City
Clerk, 19200 West Country Club Drive, Aventura,
Florida, Interested parties may appear at the Public
Hearing and be heard with respect to the proposed
Ordinance,
In accordance with the Americans with Disabilities Act
of 1990, all persons who are disabled and who need
special accommodations to participate in this proceed-
ing because of that disability should contact the Office
of the City Clerk, (305) 466.8901, not later than two
business days prior to such proceedings,
If a person decides to appeal any decision made by
the City Commission, as Local Planning Agency or as
the governing body, With respect to any matter consid-
ered at a meeting or hearing, that person will need a
record of the proceedings and, for such purpose, may
need to ensure that a verbatim record of the proceed.
inQs is made, which record includes the testimony and
eVidence upon which the appeal is to be based,
Teresa M, Soroka, MMC, City Clerk
CITY OF AVENTURA
NOTICE OF AMENDMENT TO CITY
CODE OF ORDINANCES
Public Notice is hereby given that the Aventura City
Commission will meet in a public hearing on Tuesday,
February 5, 2008 at 6:00 p,m, to consider adoption on
second and final reading of the following Ordinance:
AN ORDINANCE OF THE CITY OF
AVENTURA, FLORIDA, AMENDING
CHAPTER 2, "ADMINISTRATION",
ARTICLE IV "FINANCE", DIVISION 5
"IMPACT FEES", TO CREATE
SECTION 2-302 ESTABLISHING A
TRANSPORTATION MITIGATION
IMPACT FEE AND SCHEDULE FOR
MITIGATION OF TRANSPORTATION
IMPACTS BY NEW DEVELOPMENT;
PROVIDING FOR TRANSPORTATION
MITIGATION IMPACT FEE
COMPUTATION FORMULA'
PROVIDING FOR EXEMPTIONS;
PROVIDING FOR IMPACT FEE
EXPENDITURES; PROVIDING FOR
ESTABLISHMENT OF A
TRANSPORTATION MITIGATION
IMPACT FEE FUND; PROVIDING FOR
INCLUSION IN THE CODE.
PROVIDING FOR CONFLICT;
PROVIDING FOR SEVERABILITY;
AND PROVIDING FOR AN
EFFECTIVE DATE.
The above described Public Hearing will be held commenc-
ing at 6:00pm on Tuesday, February 5, 2008 in the City
Commission Chamber at City of Aventura Government
Center, 19200 West Country Club Drive, Aventura, Florida,
33180, The proposed Ordinance may be inspected by the
publiC at the Office of the City Clerk, 19200 West Country
Club Drive, Avenfura, Florida, Interested parties may appear
at the Public Hearing and be heard with respect to the pro-
posed Ordinance,
In accordance with the Americans with Disabilities Act of
1990, all persons who are disabled and who need special
accommodations to parficipafe in this proceeding because of
that disability should contact the Office of the City Clerk,
(305) 466-8901, not later than two business days prior to
such proceedings,
If a person decides to appeal any decision made by the City
Comml~Slon, as Local Planning Agency or as the governing
body, With respect to any matter considered at a meeting or
hearing, that person 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
~e:~~"Jony and evidence upon which the appeal is to be
Teresa M, Soroka, MMC, City Clerk
NEIGHBORS
CALENDAR
.CALENDAR, FROM 25
. Line. Form & Cofor, exhibition fea-
tures new works by 10 artists:
through Feb. 2
Margulies Collection at the Ware-
house: 11 a.m.-4 p.m. Wednesdays-
Saturdays; 591 NW 27th St., Miami;
free. 305-576-1051:
. SCULPTURE, exhibition features
works by several 20th-century art-
ists at The Margulies Collection at
the Warehouse, including Andy War-
hol. Willem de Kooning, Michael
Heizer and Donald Judd: through
April 26.
. Sleepwalkers, exhibition is a video
installation by Doug Aitken: through
April 26.
. You and {Horizontal /II, exhibition
includes a solid light film by Anthony
McCall: through April 26,
Miami Art Museum: 10 a.m.-5 p.m.
Tuesday-Friday, noon-5 p.m. Satur-
day-Sunday: 101 W. Flagler St.,
Miami; 101 W. Flagler St., Miami: $8,
$4 seniors, free for members, stu-
dents and children
. Work in Progress: Herzog & de
Neuron's MIami Art Museum, exhibi-
tion features a glimpse into the
design of the new Miami Art
Museum, by Swlss architectural firm
Herzog & de Meuron. Including
large-scale wallpaper murals, archi-
tectural models, noor plans, video
projections and stereoscopic
devices: through April 26.
Miami Science Museum: 10 a,m.-6
p.m. daily: 3280 S. Miami Ave., Coco-
nut Grove: $20, $18 seniors 62 and
older and students with ID, $13 chil-
dren 3-12: $8 members, $6 senior 62
and older and children 3-12 of mem-
bers: free for children 2 and under
305-646~4200 or miamisciorg:
. The Dinosaurs of China, exhibition
features a collection of Chinese dino-
saur fossils, induding 14 dinosaur
skeletons and 52 individual speci~
mens, including eight of the most
rare feathered dinosaurs and birds
from the fossil beds alliaoning:
through May 2008
mlArte Gallery: U-4RIA: Pushing the
Limits, group exhibition features
works by MANO, Aurora Molina,
George Rodez and Luis Enrique Tor-
res; through Jan. 26: 85 Merrick Way,
Coral Gables, 305~445-2783
MOCA at Goklman Warehouse: 404
NW 26th St, Wynwood; noon-S p,m
Wednesday-Saturday; admission by
donation. 305-893-6211:
. Enoc Perez, solo exhibition fea-
tures 35 canvases and works on
paper by artist Enac Perez, including
portraits, tropical stilllffes and ren-
derings of modernist architectural
icons: through March 22,
The Moore Space: 10 a,m.-5 p,m
Wednesday~Saturday; 4040 NE
Second Ave., Second floor, MiaMi
Design District, 305-438-1163:
. French Kissin' in the US.A., exhibi-
tion titled after the 1986 song by
Blondie features works by a group of
emerging artists; through March 8:
. F,ces, exhibition features works
irhc Biami'Hcralb & Ad Number' 804701101 Client Name:
Insertion Number: 804701101 Advertiser: CITY OF AVENTURA
Size: 2X11,O Section/Page/Zone: Metro And State/B6/Dade
Publication Date: 01/25/2008 Color Type: B&W Description:
This E-Sheet(R)Is provided as concllJ!!llvllllVidenee thai the ad appeared In The Miami Herald on the date arld page indicated. You may nol create derivative worKs, or In any way exploit or repurpOlile any content
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