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HomeMy WebLinkAboutR-98-1229J-98-828 12/8/98 RESOLUTION NO. 9 8 -12 2 9 A RESOLUTION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 5, 9, 13 AND 17 OF ZONING ORDINANCE NO. 11000, FOR CLOISTERS ON THE BAY PROJECT, TO BE LOCATED AT APPROXIMATELY 3463-3571 MAIN HIGHWAY, MIAMI, FLORIDA; TO BE COMPRISED OF A PLANNED UNIT DEVELOPMENT PROJECT FOR AN ATTACHED HOMES DEVELOPMENT, CONSISTING OF A 41 UNIT SINGLE FAMILY RESIDENTIAL COMPLEX WITH ACCESSORY AMENITY SPACES AND RECREATIONAL USES; DIRECTING TRANSMITTAL OF THE HEREIN RESOLUTION; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on May 14, 1998, Albanese-Popkin Development Group, Inc. ("APPLICANT") submitted a complete Application for Major Use Special Permit for the Cloisters on the Bay Project ("PROJECT") pursuant to Zoning Ordinance No. 11000, Articles 5, 9, 13 and 17, for the property located at approximately 3463-3571 Main Highway, Miami, Florida, as legally described on Exhibit "A" to be comprised of a planned unit development project for an attached homes development; and WHEREAS, development of the PROJECT requires the issuance of a Major Use Special Permit pursuant to Article 17 of Zoning Ordinance No. 11000, the Zoning Ordinance of the City of Miami, ATTACHMENT CONTAINED CITY comasSion MEETING OF DEC Q F 1%8 Resolution No. 98-122Raj Florida, as amended; and WHEREAS, the Large Scale Development Committee met on May 11, 1998, to review the proposed PROJECT and offer its input regarding technical issues; and WHEREAS, the Urban Development Review Board met on June 10, September 9, and October 14, 1998, and failed to take any action; and WHEREAS, the Urban Development Review Board's failure to act within the City Code prescribed time period constituted approval; and WHEREAS, on November 17, 1998, the City Commission, aware that the Urban Development Review Board had rendered a decision of approval by operation of law, sought an advisory opinion from the Urban Development Review Board on the subject application; and WHEREAS, on December 7, 1998, the Urban Development Review Board, in response from the City Commission's request for an advisory opinion, reviewed and recommended, inter alia, approval of the MUSP application, with conditions; and WHEREAS, the Planning Advisory Board, at its meeting of November 12, 1998, Item No. 4, following an advertised public hearing, adopted Resolution No. PAB 71-98, RECOMMENDING APPROVAL of the PROJECT for a Major Use Special Permit, subject to APPLICANT complying with all conditions of the Development Order for the PROJECT, by a vote of five to zero (5-0); and WHEREAS, the City Commission deems it advisable and in the best interest of the general welfare of the City of Miami to - 2 - 98--1229 issue a Major Use Special Permit Development Order for the PROJECT as hereinafter set forth; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. A Major Use Special Permit Development Order, attached hereto as Exhibit "B" and made a part hereof, is hereby approved subject to the conditions specified in said Development Order, per Article 17 of Zoning Ordinance No. 11000, as amended, for the Cloisters on the Bay Project (hereinafter referred to as the "PROJECT") to be developed by Albanese-Popkin Development Group, Inc. ("APPLICANT"), to be comprised of a Planned Unit Development for an attached homes development, for the property located at approximately 3463-3571 Main Highway, Miami, Florida, more particularly described on Exhibit "A", attached hereto and made a part hereof. Section 3. The PROJECT is hereby approved for the construction of up to 41 Single Family Residential units with accessory amenity spaces and recreational uses. Section 4. The Major Use Special Permit Application for the Cloisters on the Bay Project also encompasses the lower ranking Special Permits as set forth in the Development Order, - 3 - 98-1229 attached as Exhibit "B" hereto and incorporated herein Section 5. The findings of fact set forth below are hereby made with respect to the subject PROJECT: a. The PROJECT is in conformity with the adopted Miami Comprehensive Neighborhood Plan 1989-2000, as amended. b. The PROJECT is in accord with the applicable R-1 and SD-18 Zoning classifications of Zoning Ordinance No. 11000, the Zoning Ordinance of the City of Miami, Florida, as amended. C. Pursuant to Section 1305 of the Zoning Ordinance of the City of Miami, Florida, the specific site plan aspects of the PROJECT, i.e., ingress and egress, parking, signs and lighting, utilities, drainage, preservation of natural features and control of potentially adverse effects generally, have been considered and will be further considered administratively during the process of issuing a building permit and a certificate of occupancy. d. The PROJECT is expected to cost approximately $14 million, and to employ approximately 50 workers during construction (full time employees). The PROJECT will generate approximately $ 2.7 million in one time ad valorem tax revenues and $1.2 million annually in recurring ad valorem tax revenues to local units of -4 - 98-199Q government (1998 dollars). e. The City Commission further finds that: (1) the PROJECT will have a favorable impact on the economy of the City; (2) the PROJECT will efficiently use public transportation facilities; (3) any potentially adverse effects of the PROJECT will be mitigated through compliance with the conditions of this Major Use Special Permit; (4) the PROJECT will favorably affect the need for people to find adequate housing reasonably accessible to their places of employment; (5) the PROJECT will efficiently use necessary public utilities; (6) the PROJECT will not negatively impact the environment and natural resources of the City; (7) the PROJECT will not adversely affect living conditions in the neighborhood; (8) the PROJECT will not adversely affect public safety; (9) based on the record presented and evidence presented, the public welfare will be served by the PROJECT; and (10) any potentially adverse effects of the PROJECT arising from safety and security, fire protection and life safety, solid waste, heritage conservation, trees, minority participation and - 5 - 98U29 employment, and minority contractor/ subcontractor participation will be mitigated through compliance with the conditions of this Major Use Special Permit. Section 6. The Major Use Special Permit, as approved and amended, shall be binding upon the applicants, owners and any successors in interest. Section 7. The application for Major Use Special Permit, which was submitted on May 14, 1998, as amended, and is on file with the Department of Planning and Development of the City of Miami, Florida, shall be relied upon generally for administrative interpretations and is made a part hereof by reference. Section 8. This Major Use Special Permit will expire two (2) years from its effective date which is thirty (30) days after the adoption of the herein Resolution. Section 9. The City Manager is hereby directed to instruct the Director of the Department of Planning and Development to transmit a copy of this Resolution and attachments to the developers: Albanese-Popkin Development Group, Inc., 2499 Glades Road, Boca Raton, Fl. 33486. Section 10. The Findings of Fact and Conclusions of Law are made with respect to the Project as described in the Development Order for the Cloisters on the Bay Planned Unit Development Project, which is attached hereto as Exhibit "B" and - 6 - 98-1229 made a part hereof by reference. Section 11. The Major Use Special Permit Development Order for the Cloisters on the Bay Planned Unit Development Project (Exhibit "B") is hereby granted and issued. Section 12. In the event that any portion or section of this Resolution or the Development Order (Exhibit "B") is determined to be invalid, illegal, or unconstitutional by a court or agency of competent jurisdiction, such decision shall in no manner affect the remaining portions of this Resolution or Development Order (Exhibit "B") which shall remain in full force and effect. Section 13. This Resolution shall become effective thirty (30) days after its adoptionl�. PASSED AND ADOPTED this Sth day of December , 1998. JOE CAROLLO, MAYOR In accordance with Miami Code Sec. 2-36, since the Mayor did not indicate approval of this legislation by signing it in the designated puce provided, saki legislation rmv becomes effective with the elapse of ten (10) days fr m the date of Commissicn actic.n regarding same, without the Mayor exercisi v . ATTEST: Walter JlEoT, City Clerk WALTER J. FOEMAN CITY CLERK l� This Resolution shall become effective as specified herein unless vetoed by the Mayor within ten days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later. - 7 - 98-i%,;-, W2804 : GAMM: Csk: BSS NESS cff.*M 98--1229 CITY OF MIAMI CITY ATTORNEY'S OFFICE MEMORANDUM TO: Mayor and Members of the FROM: Alejandro Vilarello, Ci A DATE: July 14, 1999 '0 , RE: Appellate C9sters n Upholding the City Commission Resolution No. 98-1229r 99-017AP); Approving a Major Use Special Permit for Clevelopment (Commodore Bay, Coconut Grove) I am pleased to inform you that the Appellate Division of the Circuit Court has issued an Order upholding the City Commission's decision on the subject project, and denying the legal challenge filed by Petitioners, Barbara Lange and David Swetland. As you may recall, the Petitioners strenuously objected to the proposed residential development on the site, arguing that the City should purchase the property for a park, that environmental concerns outweighed the right of the property owners to develop the site under the applicable zoning ordinances, and that the City staff misinterpreted the zoning ordinances. In the court proceeding, the Petitioners argued, to no avail, that the City had misinterpreted its own ordinances and that the development was too intense, violating the City's density requirements. The Appellate Division issued its unanimous opinion upholding the issuance of the Major Use Special Permit resolution less than ten days after the oral argument. G. Miriam Maer, Assistant City Attorney, successfully handled the appeal on behalf of the City of Miami. c: Donald H. Warshaw, City Manager Walter J. Foeman, City Clerk Dena Bianchino, Assistant City Manager Ana Gelabert-Sanchez, Director, Planning Department �. C__ hdb: WOOUuly9MEMO'rO MAYOR AND MEMBERS .doc Exhibit 'W' 8epinning at the point of Interseetfon of the Southerly boundary IIna of Tract 'A and the U.S. Harbor Line of Biscayne Bay as shown on the plat thereof entitled 'THE C.W. EriERSON TRACT IN COCONUT GROVE. CITY OF MIAMI, DADE COUNTY, FLA.'' as recorded In the Public Accords of Dade County, Florida In Plat Book 35, at Page 61; Thence run'N.34'59'44'E. along said U.S. Harbor Line for a distance of 66.75 feet to a point; Thence N. 45125'5311W. along the Northerly boundary IIne of said Tract 'A' for a distance of 846. 10 feet to a point; Thence 8.43434 071W. for a distance of 65,00 feet to a point on the Southerly boundary line of sold Tract IV; Thence S.46'25'63'E. along the Southerly boundary Tina of said Tract 'A' for a distance of appro:laetely 656.05 feet to the Point of Beginning and containing 55,170 square feet,. more or lass. AND lot 7. 'MONROE PLAT', as recorded in Deed Book 'D', at Page 253 of the Public Records of Dade County, Florida, tying and being In the Southeast Overtop of Fractional Section 21, township 54 South, Range 4I, East, Dade County. Florida, EXCEPTING THEAEFRON THE FOLLOWING: Beginning at the point In the Northeast boundary line of Lot 7, of the Subdivls- lon.of Lot I. in Section 21. Township 54 South, Range 41 East, in Dade County,. Elorlda, as shown on. the Plat recorded in Deed Book '0'. on Page 263, of the records of said County, where sold line Intersects the center line of the County Road leading from Miami to Cutler; Thence South 45' East along sold line, which Is also the Southwest boundary of a lot formerly owned by Charles Montgomery 467 feet to a point 25 feet beyond the corner between the sold Montgomery lot and the lot heretofore conve ed by J,W. Frew to Frank H, Konen and Evelyn M. Konen, his wife; Thence South 45' West, 10 feet; Thence North 45' west, 467 feet to the center line of the above Road; Thence North 45' East along said center line, 10 feet to the Point of Beginning. AL30 EXCEPT, that part of Lot 7 of IMONROE PLAT', as pop Plat thereof retarded In Deed Book 'D'. at Page 253, of the Public Aecordd of Dsde County, Florida, lying Northwest of the Counter Road, the sold parcel of land being also described as follows: Beginning at a pros set in cement marking the Iscatlon of the light - mood stakes set 43 marking the most Northwesterly corner of said Lot 7: Thence South 45' East, 634 feet, more or lees, to the center line of County Road (Dixie Highway) which line Is marked by a pipe set In cement 35 feet from center -line of a4Id Road; Thence Northwestorly along the sold center Tine of Bald County Road, 170.87 feet; Thence North 45, Nest, parallelltog the Southweeter,ly line of said Lot 7, 460 feet, more or lees, to a pipe set in cement In the South Ilne of Brand AV love which point is East of the Point of Beginning; Thence West 253 feet more or less, to the Point of 8e91nning. ALSO EXCEPT, that portion of Lot 7 of 'MONROE PLAT' as per Plat thereof recorded in used Book 101, at Page 253, Public Records of Oade County, Florida.. conveyed by Jack A. Gardner, at al. to THE CITY OF MIANI, a municipal corporation, deed dated August 6, 1947, recorded In Deed Book 2913, Page 237, of the Publbrq ic Records of,Dade County. Florida. 98-1229 Z015 8£8 'ON 66££6Ls90£ - Ud 9I2!( NI 983SN33N@ LZ :9T 96/SZ2T EXHIBIT "B" DEVELOPMENT ORDER ATTACHMENT TO RESOLUTION NO. 98-1229 DATE: DECEMBER 8, 1998 CLOISTERS ON THE BAY PROJECT MAJOR USE SPECIAL PERMIT DEVELOPMENT ORDER Let it be known that pursuant to Articles 5, 9, 13 and 17 of Ordinance No. 11000, the Zoning Ordinance of the City of Miami, Florida, as amended, the Commission of the City of Miami, Florida, has considered in a public hearing, the issuance of a Major Use Special Permit to be comprised of a Planned Unit Development for an attached home development for Cloisters on the Bay Project (hereinafter referred to as the "PROJECT") to be located at approximately 3463-3571 Main Highway, Miami, Florida; see legal description in Exhibit "A", attached hereto and made a part hereof; said legal description is subject to any dedications, limitations, restrictions, reservations or easements of record. After due consideration of the recommendations of the Urban Development Review Board and the Planning Advisory Board and after due consideration of the consistency of this proposed development with the Miami Comprehensive Neighborhood Plan, the City Commission has approved the PROJECT, and subject to the following conditions approves the Major Use Special Permit and hereby issues this Permit: B-1 98-1229 PROJECT DESCRIPTION: The proposed Cloisters on the Bay Project is a Planned Unit Development Project located at approximately 3463-3571 Main Highway, Miami, Florida ("PROJECT"). The PROJECT is located on approximately 10.8 gross acres and 6.3 net acres of land (more specifically described in Exhibit "A", incorporated herein by reference). The remainder of the PROJECT's VITAL DATA is attached hereto as Exhibit "C", and incorporated herein by reference. The proposed PROJECT will consist of a 41 single family residential unit complex with accessory amenity spaces and recreational uses. The project will consist of 12 Housing clusters each containing two (2) to five (5) residential units and a club house. The recreation area will consist of the following amenities: swimming pool, fitness center, tennis court and nature hammock area. The ownership, operation and maintenance of common areas and facilities will be by the property owner or a mandatory condominium association in perpetuity pursuant to a recorded Declaration of Covenants and Restrictions. The Major Use Special Permit Application for the Cloisters on the Bay Project also encompasses the following lower ranking Special Permits: B-2 98-�.%29 CLASS II SPECIAL PERMIT per Article 9, Section 908.9., for development in waterfront yards; and CLASS II SPECIAL PERMIT per Article 15, Section 1511., for development between Biscayne Bay and the first dedicated public right of way; and CLASS II SPECIAL PERMIT per Article 9, Section 908.2., to permit a driveway with a width greater than twenty- five (25) feet; and CLASS I SPECIAL PERMIT per Article 9, Section 906.6, for pool/spa and outdoor recreational area; and CLASS I SPECIAL PERMIT for temporary sales office in proposed recreational building. Pursuant to Articles 13 and 17 of Zoning Ordinance No. 11000, approval of the requested Major Use Special Permit shall be considered sufficient for the subordinate permits referenced above. All actions and recommendations of the Urban Development Review Board are hereby confirmed. The Project shall be constructed substantially in accordance with plans and design schematics on file prepared by Ferguson, Glasgow, Schuster, Soto, Inc., dated May 31, 1998, and revised August 24, 1998, and October 2, 1998; the landscape plan shall be implemented in accordance with the plans on file prepared by A. Grant Thornbrough and Associates, dated May 8, 1998, and revised August 24, 1998, September 30, 1998, and October 1, 1998; all modifications shall be subject to the review and approval of the Director of the Department of Planning and Development prior B-3 98-1229 to the issuance of any building permits. The PROJECT conforms to the requirements of the R-1 and SD-18 Zoning Districts, as contained in Ordinance No. 11000, the Zoning Ordinance of the City of Miami, Florida, as amended. The existing comprehensive plan future land use designation allows the proposed intensity of residential uses. PRIOR TO THE ISSUANCE OF A BUILDING PERMIT THE APPLICANT, ITS SUCCESSORS, AND/OR ASSIGNS, JOINTLY OR SEVERALLY, SHALL DO THE FOLLOWING: 1. Meet all applicable building codes, land development regulations, ordinances and other laws. 2. Provide the City with a list of agencies from which approvals and/or permits must be obtained prior to initiation of development and the permit or approval required of each. 3. Record a certified copy of the development order in the Public Records of Miami -Dade County that specifies that the Development Order runs with the land and is binding on the Applicant, its successors, and assigns, jointly or severally. 4. Allow the Miami Police Department to conduct a security survey, at the option of the Department, so as to make recommendations concerning security measures and systems; further submit a report to the Department of Planning and Development, prior to commencement of construction, B-4 98-1229 demonstrating how the Police Department recommendations, if any, have been incorporated into the PROJECT security and construction plans, or demonstrate to the Planning Director why such recommendations are impractical. 5. Provide a letter from the Department of Fire -Rescue indicating APPLICANT'S coordination with members of the Fire Plans Review Section of the Department of Fire -Rescue for the review of the scope of the PROJECT, owner responsibility, building development process and review procedures, as well as specific requirements for fire protection and life safety systems, egress, vehicular access and water supply. 6. Provide a letter of assurance from the Solid Waste Department that the PROJECT has addressed all concerns of said Department. 7. Prepare a Minority Participation and Employment Plan to be submitted to the City's Director of Minority and Women Business Affairs for review and comments, with the understanding that the City's Minority/Women Business Affairs and Procurement Ordinance No. 10538 is a guide that the APPLICANT must use its best efforts to follow. 8. Prepare a Minority Contractor/Subcontractor Participation Plan to be submitted to the City's Director of Minority and Women Business Affairs for review and comment, with the understanding that the City's Minority/Women Business Affairs and Procurement Ordinance No. 10538 is a guide that the APPLICANT must use its best efforts to follow. 9. Record in the Public Records of Miami -Dade County, Florida, a Declaration of Covenants and Restrictions providing that the ownership, operation and maintenance of all common areas B-5 98-1229 and facilities will be by the property owner or a mandatory property owner association in perpetuity. 10. Provide the City with an executed, recordable unity of title or covenant in -lieu of unity of title agreement for the subject property; said agreement shall be subject to the review and approval of the City Attorney's Office. 11. Provide plans for proposed sidewalk and swale area improvements prior to the issuance of a building permit; said plans shall be subject to review and approval by the Public Works Department and the Department of Planning and Development. 12. Provide the Department of Planning and Development with a temporary parking plan which addresses construction employee parking during the construction period; said plan shall be subject to the review and approval by the Department of Planning and Development prior to the issuance of any building permits. 13. Retain the services of an archeological consultant who will be responsible for conducting archeological monitoring of all ground disturbing activity, as well as the subsequent recovery of artifacts; said consultant shall obtain a scope of work from the Miami -Dade County Archeologist and shall provide reports to both that office and the City of Miami Preservation Officer. 14. Implement the landscape plan (including the proposed mitigation plan dated October 1, 1998, prepared by A. Grant Thornbrough and Associates) on file with the Department of Planning and Development (as presented at the UDRB Meeting of October 14, 1998), which includes but is not limited to preservation of the hammock, prior to the issuance of a Certificate of Occupancy for the proposed project; final B 98-1229 working drawing plans for this implementation shall be reviewed and approved by the Preservation Officer prior to implementation. 15. Submit for final approval the landscaping proposal which shall be subject to further staff review of the subject proposal upon completion of the public hearing process in order to properly address any changes that may result from said hearings. 16. Submit for final approval the design component of this application, particularly those for the waterfront units, including right-of-way improvements, facade treatment, signage, lighting, etc., which shall be subject to further staff review of the subject proposal upon completion of the public hearing process in order to properly address any changes that may result from said hearings. 17. Pay for the installation of a traffic device at the intersection of Main Highway and Franklin Street, if the need for one is determined by the Main Highway Traffic Committee chaired by Miami -Dade County Commissioner Jimmy Morales. 18. Provide the City with a recorded covenant, in a form acceptable to the City Attorney, providing that: a) The zoning shall remain R-1 Single Family Residential; b) That any modification of the covenant shall require the written consent of sixty percent (60%) of the property owners within 375 feet of the subject property; c) A minimum 20 foot setback from all the property lines shall be maintained for the residential houses. 19. Submit a detailed tree relocation plan stating root pruning, relocation techniques, irrigation and location where the trees will be relocated, to the Preservation Officer for B-7 98-1229 review and approval prior to the issuance of the tree removal permit. 20. Install by hand the fence proposed to be located within the hammock area to lessen impacts to the rock formation. 21. Plant any oak trees proposed for relocation into the hammock restoration area only in areas devoid of vegetation and where impacts to the substrate shall be minimal. 22. Accept the offer of Miami -Dade County's Department of Environmental Resources Management (DERM) to provide oversight of the hammock restoration. 23. Enter into a First Source Hiring Agreement, as voluntarily agreed to by the applicant, in a form acceptable to the City Manager or its designee, and to the City Attorney, and provided to the City. 24. Maintain a minimum of 90% native species of plants in the overall project. THE CITY SHALL: Subject to payment of all applicable fees due, establish the effective date of this Permit as being thirty (30) days from the date of its issuance; the issuance date shall constitute the commencement of the thirty (30) day period to appeal from the B-8 11)8-1 'A2009 provisions of the Permit. The Cloisters on the Bay Project, proposed by the applicant, Albanese-Popkin Development Group, Inc., ("Applicant"), complies with the Miami Comprehensive Neighborhood Plan 1989-2000, is consistent with the orderly development and goals of the City of Miami, and complies with local land development regulations, and it is further found, pursuant to Section 1703 of Zoning Ordinance No. 11000 that: (1) the PROJECT will have a favorable impact on the economy of the City; and (2) the PROJECT will efficiently use public transportation facilities; and (3) the PROJECT will favorably affect the need for people to find adequate housing reasonably accessible to their places of employment; and (4) the PROJECT will efficiently use necessary public facilities; and (5) the PROJECT will not negatively impact the environment and natural resources of the City; and (6) the PROJECT will not adversely affect public safety; and (7) the public welfare will be served by the PROJECT; and (8) any potentially adverse effects of the PROJECT will be mitigated through the conditions of this Major Use Special Permit. B-9 98 --229 The proposed development does not unreasonably interfere with the achievement of the objectives of the adopted State Land Development Plan applicable to the City of Miami. Pursuant to Section 1305 of Zoning Ordinance No. 11000, the specific site plan aspects of the PROJECT i.e., ingress and egress, offstreet parking and loading, refuse and service areas, signs and lighting, utilities, drainage and control of potentially adverse effects generally, have been considered and will be further considered administratively during the process of issuing individual building permits and certificates of occupancy. B-10 98-1229 Sent by: GREENBERG TRAURIG 305 579 0717; 12/18/98 14:56; JOft #920;Page 2/2 � wow ww� Exhibit ``C _ C70LW rs on the Bev Mayor Use Special Permit Project Data Sheet 1. Address: 3463-3571 Main Highway Miami, Florida 2. Zoning Classification: R-1 wilh in SD•19 overlay Designation 3. Site Area: 274,525 set square feet (6.3 Ames) 469,392 gross square feet (10.776 Acres) 4. Density: Units Per Acre Alktwed: 9 Units Per Acre Units Per Acre Provided: 6.5 Unks Per Acre 5. Allowable Area: Base Floor Area Ratio Allowed: 291.635 square feat Base Floor Area Ratio Provided. 209.691 square fea 6. height: 4 25' fraum Average Sidcwralk Ekvation of+18.00' 7. Building Footptim: Allowed: 197,756 mare fen Provided: 79,320 square feet 8. No. of Parldng Spaces: Standard Spaces Required: 82 Standard Spaces Provided; 90 Accessible Spam Rapdred: 1 Accessible Spaces Provided: i 9. Careen Space: Required: 41,179 square feel (15%) Provided: 60,635 square feet (22%) 10. Setbacks: Sides Required: 5 feet Sides Provided. Typical Unit: 20 feet South Bay Unit: 1S feet Tennis C.outt: 5 feet Rear !required: 20 feet Rear Providod: 20 fees Front Required: 20 feet From Provided: Guardhouse: 100 fact Rea. Bldg.: 300 feet First Unit: 400 feet 12/18/93 98-1229 PZ-1 PLANNING FACT SHEET APPLICANT Albanese-Popkin Development Group, Inc. HEARING DATE November 12, 1998. REQUEST/LOCATION Proposal for a Major Use Special Permit for Cloister on the Bay Planned Unit Development Project located approximately on 3463-3571 Main Highway. LEGAL DESCRIPTION Complete legal description on file with the Hearing Boards Office. PETITION Consideration of a Major Use Special Permit for the Cloisters on the Bay Planned Unit Development Project to allow development of a luxury residential condominium community consisting of at most 41 single family residences, each with its own two car garage, and accessory amenities such as a club house and tennis court. Access to the development would be gated and entry controlled and solely from Main Highway. PLANNING Approval with conditions. RECOMMENDATION BACKGROUND AND See attached analysis and recommendation. ANALYSIS PLANNING ADVISQRY BOARD: Approval with conditions VOTE: 5-0 CITYCOMMISSION: Continued from CC 11/17/98. APPLICATION NUMBER 98-031 Item #4 ................................................................................................................................................................................................................................. CITY OF MIAMI • DEPARTMENT OF PLANNING AND DEVELOPMENT 444 SW 2ND AVENUE, 3RD FLOOR • MIAMI, FLORIDA, 33130 PHONE (305) 416-1435 Date: 11 Page 1 98-1229 Analysis for a MAJOR USE SPECIAL PERMIT for the CLOISTERS ON THE BAY PLANNED UNIT DEVELOPMENT PROJECT located at 3463-3571 Main Highway CASE NO. 98-031 The requested Major Use Special Permit is for the purpose of allowing the Cloisters on the Bay Project, a Planned Unit Residential Development project consisting of a total of 41 residential units for the property located at approximately 3463-3571 Main Highway within the Coconut Grove area (see attached legal description, location maps and aerial photographs for exact property boundaries). The requested Major Use Special Permit also encompasses the following lower ranking permits: CLASS I SPECIAL PERMIT per Article 9, Section 906.6 for outdoor recreational areas; CLASS I SPECIAL PERMIT for temporary sales office in proposed recreational building; CLASS II SPECIAL PERMIT per Article 15, for development between Biscayne Bay and the first dedicated right-of-way; CLASS II SPECIAL PERMIT per Article 9, section 908.9 for development in waterfront yards; CLASS II SPECIAL PERMIT per Article 9, Section 908.2 to permit a driveway with a width greater than 25 feet. Page 1 of 4 98-i229 Pursuant to Articles 13 and 17 of Zoning Ordinance No. 11000, approval of the requested Major Use Special Permit shall be considered sufficient for and inclusive of the subordinate permits referenced above. In determining the appropriateness of the requested Major Use Special Permit, the following findings have been made: • It is found that the proposed planned unit development project will benefit the City of Miami by creating a new luxury housing opportunities attracting new residents to the Coconut Grove area. • It is found that the project is well -designed and concordant with the scale and character of the area. The project will enhance the subject property along a significant waterfront parcel within the Coconut Grove area. • It is found that the driveways provided are appropriate in width and configuration to accommodate expected traffic volumes for the project without causing any undue spill -over onto the public right-of-way. • It is found that the Urban Development Review Board (UDRB) has met to discuss the proposed project at its public meetings held between June 10, 1998 and October 14, 1998; a failure to act on the Certificate of Approval constituted a recommendation of approval. • It is found that due to the property's location in an important archeological area, archeological monitoring shall be required prior to and during any ground -disturbing activities. • It is found that due to the need for tree removal and relocation to accommodate the proposed project, the landscape mitigation plan prepared by the applicant (planting plan and tree disposition plan dated October 1, 1998 prepared by A. Grant Thornbrough and Associates) is acceptable to the City and shall be implemented prior to the issuance of a Certificate of Occupancy for the proposed project. • It is found that with respect to all additional criteria as specified in Section 1305 of Zoning Ordinance 11000, the proposal has been reviewed and found to be adequate. Page 2 of 4 98--iti29 Based on these findings, the Department of Planning and Development is recommending approval of the requested Planned Unit Development Project with the following conditions: 1. The approval of this Major Use Special Permit shall be subject to the recordation of the following documents prior to the issuance of any building permits for the proposed project: a. Unity of Title or covenant in lieu thereof providing that the ownership, operation and maintenance of all common areas and facilities will be by the property owner or a mandatory property owner association in perpetuity. b. Development Order specifying that the Development Order runs with the land and is binding on the Applicant, it successors and assigns, jointly or severally. 2. The applicant shall submit a parking plan for construction employees and temporary parking arrangements for the existing building while the new building is under construction; said parking plan shall be subject to review and approval by the Department of Planning and Development prior to the issuance of any building permits. 3. The applicant shall provide plans for proposed sidewalk and swale area improvements prior to the issuance of a building permit; said plans shall be subject to review and approval by the Public Works Department and the Department of Planning and Development. 4. The applicant shall retain the services of an archeological consultant who will be responsible for conducting archeological monitoring of all ground disturbing activity, as well as the subsequent recovery of artifacts; said consultant shall obtain a scope of work from the Miami -Dade County Archeologist and shall provide reports both to that office and the City of Miami Preservation Officer. 5. Per the Zoning Division, the applicant shall: 1) modify the proposed private road to have a minimum width dimension of 20 feet (removal of all planters in center of road -cloister drive that do not provide a minimum of 10 ft. clear passage for vehicles; and 2) modify the roof deck plan to eliminate corridor adjacent to stairs on unit types B&C. Page 3 of 4 9 8 -� 2� 6. The applicant shall implement the landscape plan (including the proposed mitigation plan dated October 1, 1998 prepared by A. Grant Thornbrough and Associates) on file with the Department of Planning and Development (as presented at the UDRB Meeting of October 14, 1998) prior to the issuance of a Certificate of Occupancy for the proposed project; final working drawing plans for this implementation shall be reviewed and approved by the Preservation Officer prior to implementation. 7. Final design plans for the waterfront units shall require review and approval by the Planning Department prior to the issuance of any building permits for said units. 8. This approval shall also be subject to all additional conditions specified in the Final Development Order for the project. Page 4 of 4 QQ mill FS 0 MR N i� nOP�� �--� IN y :. T :FiVA.► RN RAINBOW PLAZA TRACT A • . .O 21 4 13 M � � �� N `�+� GEC Pp� law e • ^�'R �• » :3 t 4 •� 1 PaG 2 mm"m sus el W• I ? r J 1 R �1 I a I. 71YC( • a s /i 1 `<<, +, •.r ; C,�,°` s TR : VIA'° °� ,� FA t AYE E. N e `•4 ti SAttsOAT O�L ^ y SAT _ EW`��` 0 _ ---- i \ y r. • Isrw aD _ 7 ....�..�� �J 10 ta*n s q !-/ 1x / CAMP 9 Q� — ti• BISCAYN£ 26 4 T 27 /J / Is r 22 ° 21 16 ♦ ` ' rr ! JL_ nOV 20 4 �7 Q � v .... .. ......... HUGHES COVE $ua. f_ �. GRAPHIC TR 'A' i .ice Cf:AI : 'IN FFFT +,meµ:, i� ��G,• �. is^ .?,"'.',� � , f;',� -r - tip¢ .dP•zi � -c r' 7 .-r -.r ,.jam ��.r_�+'e y`„�'� � `',�� 'p" ,� �. =` �-, ,,,,s a ,,� . � y �„�= ..,, _ x _'` • ;' � T�,. ;,° -�'" .rye r� ,�•. �s'" _ r 'za',y � 4 av � �=*`i ♦� `a 'Y •• +� 1-( fy -% _ '-'• r - +� � N• .rry -+n`f -� .Y- ' -� r+ � _ F .yam „>��'� •p•^� ..- "�.. _ �.. /��•s-max �, T � .:� � r _ F .� ,� ?`t„.� �"�'7:ts,."� �!�� - _ �, Yz._. � �i-r. _ -,�. �' � -,_ : -`_ Nam•,_..+ �-_�3�c'. '°.i � ��...�,�-.. ��,9�i.-stuc. '�-� �: -. - �" -.•� '_.:•��t 't b":.`- � i =" Yi a � .fix _a+ .,,._ 1,,. *s .»: .�` r � - ;;ice-• ��,. •�M' - - � a.- -: +C ..r< - - 1 r. � r t y ` Y K L 2Re 7 ,ram � :••-� - - ? RESOLUTION PAB -71-98 A RESOLUTION RECOMMENDING APPROVAL OF A MAJOR USE SPECIAL PERMIT FOR THE CLOISTERS ON THE BAY PLANNED UNIT DEVELOPMENT PROJECT TO ALLOW DEVELOPMENT OF A LUXURY RESIDENTIAL CONDOMINIUM COMMUNITY CONSISTING OF AT MOST 41 SINGLE FAMILY RESIDENCES, EACH WITH ITS OWN TWO CAR GARAGE, AND ACCESSORY AMENITIES SUCH AS A CLUB HOUSE AND TENNIS COURT. ACCESS TO THE DEVELOPMENT WOULD BE GATED AND ENTRY CONTROLLED AND SOLELY FROM MAIN HIGHWAY. APPROVAL SUBJECT TO A COVENANT PROVIDING FOR THE PRESERVATION OF THE HAMMOCK AND ENSURING THAT THE PROPERTY NEVER BE REZONED BEYOND R-1 SINGLE FAMILY RESIDENTIAL AND ITS RESTRICTIONS. HEARING DATE: November 12, 1998 ITEM NO. 4 VOTE: 5-0 ATTEST Ana Gerabert-Sinchez, Director Planning 98-1229 C Y OF MLA -MI DEPAR"T!\= OF PLANNLNG AND DEVELOPME-N I' APPLICATION FOR MAJOR USE SPECIAL PERMIT T IS INTMgDED Trx.AT MAJOR USE SPECIAL PERMITS BE REQUIRED ROE SPrC= USES ANDIOR OCCUPANCIES INVOLVE MAT`Ii--tS )E TO BE OF CITYWIDE OR AREA -WIDE DAPORTANCE. r:-M CrIY COMIvIiSSION SHALL BE SOLELY RESPONSIBLE FOR DE7MLMNATIONS ON APPLICATIONS FOR MAJOR USE SPECIAL PERMITS. ZEE "ZCLE 17 OF ORDNANCE 11000, AS Ab NDED, THE ZONING ORDINANCE OF Try C1 OFAEAK TLORIDA.) rl-m CITY COMMISSION SHALL Raa"r ALL APPi-,ICAiIONS FOR MAJOR USE SPECIAL PF..11,= TO THE PLANNING ADVISORY BOARD AND CO Tldi: DUkECTOR OF =z DE?ARTMENT OF PLANNING AND DEVELOPMEI-IT FOR RECOMIMMATIONS, AND MAY MAKE RE - RAIS TO WGENCIES, BODIES, OR OFFICERS. Ei TER THROUGH THE DEPARTMENT OF PLANNING AND DEVELOPN ENT OR DMECIZY, FOR REVIEW, %NALYSIS AND/OR TECHNICAL FINDINGS AND DFIMRM1114ATIONWAND R?ORTS THEREON. (=- SEC -NON 1301.5 OF ORDINANCE 11000, AS U,f" IDEA IM ZONING ORDINANCE OF = CITY OF AZ(X ;tORIDA.) 2-CTION 7-653 OF TIM CODE OF THE CM OF MIAMI, FLORIDA, AS AFL-NDED, Gr--N—r I.LY REQ=M5 ANY PERSON WHO RECr..i"'VE5 -.OMPENSATION, REMUN"'RATION OR -=Mz'dSES FOR CONDUCTINGi LOBBYING ACTIVITIES TO REGISTER AS A LOBBYIST WITH THE CPIY MauI PRIOR To ENGAGING IN LOBBYING ACTIVITIES BE'ORE CITY STAFF, BOARDS, COMMIT i� AND TEE CITY COMMISSION. A :OPY OF SAID ORDINANCE IS AVAILABLE IN THE OFFICE OF TIM CITY CLERIC Q4AMI CITY HALL), LOCATED AT 3500 PAN ANMUCAN )RIVE, MiAMI, FLORIDA, 33133. NOTE: 77M APPLICATION MUTST BE I YPEWRI=NAND SIGNED IN BLACK LYE on behalf of Albanese-P pkin Se-velop ea Group I :ia A . Dougherty � , hereby app�y to the Director o�the �epart�nAd of ��anning I,- --velopment of the City of Miami for approval of a Major Use Special Permit under the provisions of Article 17 )f the City of Miami Zoning Ordinance. 'roperty Address: 3471-3571 ?slain Hihhway, Miami. Florida vature of proposed use (be specific): Approval of a Major Use Special Pe=it fcr a Planned IIait Develoament-oer Article 5 of the Zornin? Ordinance. The PUD will have 44 single fam2.1-"7 =esid:aces. The aznlicant is also rem:estina a Class I Pe=-mit for an outdoor recreational area including a swimming pool per 5906.6; a Class I Permit for a sales office; a Class II Permit for development on the waterfront per §908.9; and a Class II Permit from development between Biscayne Bay and a dedicated ri ' t of way pe_ §1511 n d a C 1 a s s. I I P ez i t tp permit a driveway with a �i�tFi greater than 1 teei. i.PPLICATION MATERIALS T •S see attached Exhibit "I". attach the following in support and explanation of the application: 1. Two original surveys, prepared by a State of Florida Registered Land Surveyor within one year from the date of application. = ZI 2. Affidavit disclosing ownership of property covered by application and disclosure of interest form (attach forms 4-83 and 4-83 to application). Pale 1 of 2 98-i229 r : PIICATION MATERIAL t continued ..ich the following in support and explanation of the application: 3. Certified list of owners of real estate within a 375-foot radius from the outside boundaries of property (attach form 6-83 to application). C 4. Maps of the: a) Existing zoning designation. b) Adopted comprehensive plan designation for areas on and around the property. C 5. General location map showing relation to the site or activity to major streets, schools, existing utilities, shopping areas, important physical features in and adjoining the project, and the like. Q 6. Conceit Plan a) Site plan and relevant information per Section 13042.ld-h. b) Relationships to surrounding existing and proposed futures uses and activities, systems and facilities, per Section 1702.32a. c) How concept affects existing zoning and adopted comprehensive plan principles and designations; tabulation of any required variances, special permits, changes of zoning or exemptions, per Section 1702.3.2b. ❑ 7. Developmental Impact Study (an application for development approval for a Development of Regional Impact may substitute). r-1 8. Other (be specific): ® 9. Fee of $ 11 , 4 6 6. 9 0 , for the Major Use Special Permit, based on current fee schedule as set forth in Chapter 62 of the Code of the City of Miami, as amended. ❑ 10. Additional fee of $ N o n e , for any required special permits, changes of zoning or variances set forth in chapter 62 of the Code of the City of Miami, as amended. Total Fee: S 11 4 6 6. 9 0 Y1 150.00 for Advertising Signature V _j Name Lucia A. Dougherty Address 1221 Brickell Avenue, Miami, F1 33131 Phone.Tax 579—+1F�(1� / ;7o_77I7 i Date Mav 2 . 1998 FINAL APPROVAL OF THIS APPLICATION FOR MAJOR USE SPECIAL PERMIT SHALL CONSIST OF AN EXECUTED RESOLU'ITON BY THE MIAAC CITY COMMISSION AND A DEVELOPMENT ORDER ATTACHED THERETO WHICH SPECIFIES THE CONDITIONS UNDER WHICH THIS r""JOR USE SPECIAL PERMIT APPLICATION IS APPROVED; rF APPROVED BY THE CITY COMMISSION, SAID RE5OLLTION AND OPMENT ORDER SHALL, UPON EXECUTION THEREOF, BE TRANSMITTED TO THE OWNER OR AUT'rIORIZED AC-- NT AT THE rSS SPECIFIED ABOVE. Page 2 of 2 98-r09 CONTRACT PURCHASER'S LIST ,ontract Purchaser's Albanese-Popkin Development Group, Inc. Name 1355 W. Palmetto Park Road, Suite 263 Mailing Address Roman Raton- FL Zip Code Telephone Number (561) 368-5054 Legal Description: See Exhibit "A" Owner's Name Mailing Address Telephone Number Legal Description: Owner's Name 'ailing Address Telephone Number Legal Description: Zip Code Zip Code 33486 Any other real estate property owned individually, jointly, or severally (by corporation, partnership or privately) within 375 feet of the subject site is listed as follows: Street Address None Street Address Street Address Legal Description Legal Description Legal Description 98-i%29 Owner's Name Mailing Address Telephone Number Legal Description: OWNER'S LIST Kenneth Treister" 3660 Battersea Road, Miami, FL (305) 667-3170 See Exhibit "A" Zip Code 33133 Owner's Name Howard Scharlin Mailing Address 1399 SW 1st Avenue, 4th Floor, Miami, FL Zip Code 33131 Telephone Number (305) 358-4222 Legal Description: See Exhibit "A" Owner's Name United National Bank Mailing Address 1399 SW lst Avenue, Miami, FL Zip Code 33131 Telephone Number (305) 358-4333 Legal Description: See Exhibit "A" Any other real estate property owned individually, jointly, or severally (by corporation, partnership or privately) within 375 feet of the subject site is listed as follows: Street Address Legal Description NONE Street Address Street Address Legal Description Legal Description EXHIBIT "1" CLOISTERS ON THE BAY (ZONED R-1 /SD-18) MAJOR USE SPECIAL PERMIT, as per City of Miami Zoning Ordinance 11,000 as amegded Article 17 section 1701 and Article 5 section 501 to allow a Planned Unit Development. This Major Use Special Permit includes the following Class I and Class II Special Permits: ■ Class I Special Permit for outdoor recreational areas (Article 9 section 906.6). ■ Class I Special Permit for temporary sales office in proposed recreation building. ■ Class II Special Permit for development in waterfront yards (Article 9 section 908.9). ■ Class II Special Permit for development between Biscayne Bay and 1 St dedicated public right of way (Article 15 section 1511). ■ Class II Special Permit to permit a driveway with a width greater than 25 ft (Article 9 section 908.2). Subject to: ■ Modifying private road/drive to have a minimum width dimension of 20 ft.(removal of all planters in center of road -cloister drive that do not provide a minimum of 1 Oft clear passage for vehicles). ■ Modification of roof deck plan to eliminate corridor adjacent to stairs on unit types B & C. Javier Carbonell August 28,1998 98-1229 AFFIDAVIT .'ATE OF FLORIDA } } SS COUNTY OF MIAMI-DADS } Before me, the undersigned authority, this day personally appeared Adrienne Friesner Pardo who being by me first duly sworn, upon oath, deposes and says: I. That he/she is the owner, or the legal representative of the owner, submitting the accompanying application for a public hearing as required by the Zoning Ordinance of the City of Miami, Florida, affecting the real property located in the City of Miami, as described and listed on the pages attached fo this affidavit and made a partthereof. 2. That all owners which he/she represents, if any, have given their full and complete permission for him/her to act in his/her behalf for the change or modification of a classification or regulation of zoning as set out in the accompanying petition. 3. That the pages attached hereto and made a part of this affidavit contain the current names, mailing addresses, phone numbers and legal descriptions for the real property of which he/she is the owner or legal representative. 4. The facts as represented in the application and documents submitted in conjunction with this affidavit are true and correct. Further Affiant sayeth not. App icant's Signature STATE OF FLORIDA Adrienne Friesner Pardo, Esq. COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this / day of May 19 98 , by Adrienne Friesner Pardo who is personally known to me or who has produced as identification and who did (didxwt) take an oath. Name: Notary Public -State of Florida Commission No.: _ OFFICIAL NOTARY SEAL My Commission E s: MARI.SOL R GONZALEZ NOTARY PUBLIC STATE OF FLORIDA COMMISSION NO. CC403667 MY COMt415SION EXP. SEPT 17,1998 DISCLOSURE OF OWNERSHIP FOR CONTRACT PURCHASER .. Legal description and street address of subject real property: See Exhibit A 3471-3571 Main highway, Miami, Florida 2. Owner(s) of subject real property and percentage of ownership. Note: Section 2-618 of the Code of the City of Miami requires disclosure of all parties having a financial interest, either direct or indirect, in the subject matter of a presentation, request or petition to the City Commission. Accordingly, question #2 requires disclosure of shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their addresses and proportionate interest. Albanese-Popkin Development Group, Inc. is owned by: Leonard Albanese - 50% Edward Popkin - 50% 3. Legal description and street address of any real property (a) owned by any party listed in answer to question 42, and (b) located within 375 feet of the subject real property. None at L: no= � '9 ) Owner or Attorney for Owner Adrienne Friesner Pardo STATE OF FLORIDA COUNTY OF MiAMI-DADE The foregoing instrument was acknowledged before me this 14th day of May 19 98 , by Adrienne Friesner Pardo who is personally known to me or who has produced as identification and who did Obta" take an oath. Name: Notary Public -State of Florida V Commission No.: My Commission Expires: IA (.IOTARY SEAL R GONZALEZ [N0:TAR7yPUBLICISSIS AT O 4 FLORIDA 3667 ISSION BXP. SEPT 17,1991 98-1229 DISCLOSURE OF OWNERSHIP .. Legal description and street address of subject real property: See Exhibit "A" 3471-3571 Main Highway, Miami, Florida 2. Owner(s) of subject real property and percentage of ownership. Note: Section 2-618 of the Code of the City of Miami requires disclosure of all parties having a financial interest, either direct or indirect, in the subject matter of a presentation, request or petition to the City Commission. Accordingly, question #2 requires disclosure of shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their addresses and proportionate interest. Owners: Kenneth Treister - 50% Howard Scharlin_ - 25% Gerald Katcher - 25% 3. Legal description and street address of any real property (a) owned by any party listed in answer to question 42, and (b) located within 375 feet of the subject real property. NONE 1. Owner or Attorney for Miner Adrienne Friesner Pardo STATE OF FLORIDA COUNTY OF MIAMI-DADS The foregoing instrument was acknowledged before me this 14th day of May 19 98, by Adrienne Friesner Pardo who is personally known to me or who has produced _as identification and who did (gXNW� take an oath. Name: U Notary. Public -State of Florida Commission No.: My Commission Exp' ' OFFICIAL NOTARY SEAL Mp,RLSOL R GONZALEZ NOTARY PUBLIC STATE OF FLORIUA COMMISSION. ,jO. CC403667 MY COMMISSIC`� EXP. SEFT 17,IW8 38--:9 ® a Exhibit °A" LEGAL DESCAIPTION: ssa�asacwsraasasss Beginning at the point of intersection of the Southerly boundary Iine of Tract 'A` and the U.S_ Harbor Line of Biscayne Bay as shown on the plat thereof entitled 'THE C.W. EMERSON TRACT IN COCONUT GROVE, CITY OF MIAMI, DADE COUNTY, FLA.' as recorded in the Public Records of Dade County, Florida in Plat Book 35, at Page 6i: Thence run N. 34' 59' 44' E. along said U.S. Harbor Line for a distance of 65.75 feet to a point; Thence N. 46'25'531W. along the Northerly boundary I ine of said Tract 'A' for a distance of 846. 10 feet to a point; Thence S.43'34'07'W. for a distance of 66.00 feet to a point on the Southerly boundary line of said Tract ' A' ; Thence S. 46' 25' 53' E. along the Southerly boundary line of said Tract 'A' for a distance of approximately 856.05 feet to the Point of Beginning and containing 56,170 square feet, more or less. AND Lot 1, 'MONROE PLAT', as recorded in Deed Book 'D', at Page 253 of the Pubilc Records of Dade County, Florida, lying and being in the Southeast Quarter of Fractional Section 21, Township 54 South, Range 41 East, Dade County, Florida, EXCEPTING THEREFROM THE FOLLOWING: Beginning at the point in the Northeast boundary tine of Lot 7, of the Subdivis- ion of Lot i, In Section 21, Township 54 South, Range 41 East, In Dade County, 0 Florida, as shown on the Plat recorded In Deed Book '', on Page 253. of the records of said County, where said line intersects the center line of the County Roar leading from Mlaml to Cutler; Thence South 45' East along said line, which Is � the Southwest boundary of a lot formerly owned by Charles Montgomery 467 ,eet to a point 25 feet beyond the corner between the said Montgomery lot and the lot heretofore conveyed by J. W. Frow to Frank H. Kanen and Evelyn M. Kanen, his wife; Thence South 45' West, 10 feet; Thence North 45' West, 467 fee' to the center line of the above Road; Thence North 45' East along said center line, 10 feet to the Point of Beginning. ALSO EXCEPT, that part of Lot 7 of "MONROE PLAT', as per Plat thereof recorded In Deed Book 'D', at Page 253, of the Pubilc Records of Dade County, Florida, lying Northwest of the County Road, the said parcel of land being also described as follows: Beginning at a Ripe set in cement Barking the location of the iight- wood stakes set as marking the most Northwesterly corner of said Lot 7; Thence South 45' East, 634 feet, more or less, to the center line of County Road (Dixie Highway) which line is marked by a pipe set In cement 35 feet from center'Iine of said Road; Thence Northeasterly along the said center line of said County Road, 178.87 feet; Thence North 45' West, parallelling the Southwesterly line of said Lot 7. 460 feet, mare or less, to a 01pe set in cement In the South line of Brand Avenue which point Is East of the Point of Beginning; Thence Hest 253 feet more or less, to the Point of Beginning. ALSO EXCEPT, that portlen of Lot 7 of 'MONROE PLAT' as per Plat thereof recorded in Deed Book 'D', at Page 253, Public Aecords of Dade County, Florida, conveyed by Jack A. Gardner, et ai, to THE CITY OF MIAMI, a municipal corporation, by deed dated August 8, 1947, recorded In Deed Book 2913, Page 237. of the Public Records of Dade County. Florida. 98-1%4zi DIRECTORY OF PROJECT PRINCIPALS AND TEAM FOR CLOISTERS ON THE BAY Applicant/ Albanese-Popkin Development Group, Inc. Contract Purchasers: 1355 West Palmetto Park Road Suite 263 Boca Raton, Florida 33486 Telephone: 561-368-5054 Facsimile: 561-368-9555 Contacts: Leonard A. Albanese, Edward D. Popkin and Wenford Hood Attorneys: Greenberg Traurig Hoffman Lipoff Rosen & Quentel, P.A. 1221 Brickell Avenue Miami, Florida 33131 Contact: Lucia A. Dougherty Telephone: (305) 579-0603 Contact: Adrienne F. Pardo Telephone: (305) 579-0683 Facsimile: (305) 579-0717 Architects: Ferguson Glasgow Schuster & Soto, Inc. 2901 Ponce De Leon Blvd Coral Gables, Florida 33134 Telephone: (305) 443-7758 Facsimilie: (305) 448-9957 Contacts: Dick Schuster and Natividad Soto Landscape Architect: A. Grant Thombrough & Associates 132 N. Swinton Avenue Delray Beach, Florida 33444 Telephone: (561) 276-5050 Facsimile: (561) 276-8777 Contact: A. Grant Thombrough Traffic Consultant: Miles Moss and Associates, Inc. 12900 S.W. M ' Street Miami, Florida 33183 Telephone: (305) 386-1212 Fascimilie: (305) 254-9649 Contacts: Miles Moss and Robert Wyman Civil Engineer/ Surveyor. Manucy & Associates 4694 Palm Avenue, #203 Hialeah, Florida 33012 Telephone: (305) 821-1281 Facsimilie: (305) 825-1705 Contacts: Jacob Gomis Biological Consultant: Mark McMahon 6110 S.W. 55t' Court Davie, Florida 33314 Telephone: (954) 584-3586 Facsimile: (954) 316-9892 98-1.229 Economic Consultant: Morrison, Brown, Argiz & Co. 1001 Brickell Bay Drive, 9tt' Floor Miami, Florida 33131 Telephone: (305) 373-5500 Facsimile: (305) 373-0056 Contact: Al Morrison Owners: Howard Schadin, Kenneth Triester and Gerald Katcher c/o Beacon Realty Advisors 1624 Micanopy Avenue Coconut Grove, Florida 33133 Telephone: (305) 858-2416 Facsimilie: (305) 856-9779 Contact: Charles Treister MIAMI/PARDOA/950641/kd$p01 !.DOC/5/12/98 98-i1229 0"TZU3104 . 0rF REC I ! 860 PGT9c8 WARRANTY DEED THIS WARRANTY DEED is made this 21- day Of July, 1983 between COMMODORE GROVE DEVELOPMENT, INC., a Florida corporation, hereinafter called the grantor, and HOWARD R. SCHARLIN, as Trustee, whose post office address is c/o Katcher, Scharlin and Lanzetta, 1399 S.W. First Avenue, Miami, Florida 33130, herein- after called the grantee. The grantor, for and in consideration of the sum oP Ten Dollars and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the grantee, his heirs, executors, administrators and assigns forever, the following described land, situate and being in the County of Dade, State of Florida: See Schedule ^A^ attached hereto and made a part hereof. TOGETHER WITH all easements, tenements, hereditaments and appurtenances thereunto belonging) and TOGETHER WITH all buildings and other improvements located thereon; and TOGETHER WITH all of -grantor's right, title and interest, if any, in and to the streets, avenues, roads, ways, alleys, water- ways, and canals, open or proposed, in front of or adjoining said land; TO HAVE AND TO HOLD the same in gee simple forever; Subject to: (a) Ad valorem real estate taxes fAr 1983 and subse- quent years and taxes or special assessments which are not shown as existing liens by the public records; (b) All applicable zoning ordinances and regulations; (c) Riparian and littoral rights, filled in lands, 'f� r tidelands and lands comprising the shores and bottoms of navigable waters and lands beyond the harbor or bulkhead lines as established by govern- mental authority; �3 aQ (d) City of Miami (pending) paving lien #H-4408; (e) Matters which would be reflected on an accurate survey of the property, and all restrictions, covenants, easements and liens of record, which are not reimposed hereby; (f) Purchase Money Mortgage, from grantee to grantor, in the original principal amount of $1,300,000.0o. The grantor hereby -covenants with iihe grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey TIN• in'Itral..nn+ W_ OK JULIE Tr ,. `IMLttiMSON orrr I. -IT r"t" rrxP rArA rirlr aR[CHrfnl'rfrArriri:. ~MILW LrOff, r ri taOL Lrickelr A13% 241.M1. Ft.riaa j1 .// ]3131 �29 98-� nFr 11860 nT9'2:9 said land, the grantor does hereby fully warrant the title to said land,' and will defend the same against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said party of the first part has hereunto caused this instrument to be executed the day and year first above written. Signed, sealed and delivered COMMODORE GROVE DEVELOPMENT, in the presence of: INC., a Florida corporation O P ` LARRY P. PARKS, P��rk*.e •~;.r \ =r. o; �g� di� STATE OF FLORIDA ) ) SS: COUNTY OF DADE ) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County afore- said to take acknowledgments, personally appeared LARRY D. PARKS, President of COMMODORM GROVE DEVELOPMENT, INC., a Florida corpo- ration, to nee known to be the person described in and who execu- ted the foregoing instrument and who acknowledged before me that he executed the same on behalf of said corporation. WITNESS my hand and official seal in the County and state last aforesaid this z= day of Jv- --'- My Commission Expiress "OTAAy PtfCLIC STATE OF FLORIDA Sly Ca"NISS'" EXPIRES MAR 13 1906 a0"Deo T11SU GERE^AL I1M. UND. 0 - 2 } 98-1229 • ' RzIC 11860 M,19ju - PARCEL 1. r r. Ts,t •?;� 3SD701LC PS1?, tns+r:tsosed�d is Dowd 8ec1� 4S)'!, at �►L's'Z53;of 'tba i Rsees+is of Dads Ccusat7s 72-orida,- 34-1=c a=4 beime=3=- the Sot$lssast'�`•;, Qri..,e:r or Iraatios+il Section 21, Townsbip 54 South, Tumeo' 43. Z'ast. Dade '•'. eft ap+ b Ylax-Ida, _exeepti,ap therefrom the Sol. owsags- r:+ r• t • '' �_.: • > ' •�• •a. tY� �ti ••. .: �v .., ,FI �•i.�'^. }":..�:r•�. ..'r��i •���"{tty�.`:•a.�;;jam:-:_ • 8e esmebc Ott the pout IS •toff' n`ortlsesst betaadAj-r.2 2"—C�E-S.ot 7,, a! jjja `.':r•_ f;''• • Sabrli*risio•et• -of Lot 1, 3.n S•eeta,oas 210• TotraeNty 54 Sodith, Ragas ll. Must �-' •i�;,,�' iti Dade CouatJ',' Mor3da, as sber+ca om Law iUt zr000rsded In Deed 9oe1c *D', '-,;`.•;.. an !'age 253, of the rioarda 'of i►dd.Coumtr, v%mr. sc&d Jiae•3=teresets the•= - oeutar 3du4 of the Covnt7 Road leadlmg S_•aaa WSs`i•to C=-Icr; thence • - . 'Soetjth 450 Fastt sloe= 9&14 11ao, which is also the 5octi'nweet boundary of':; "& 3,et tozraer3.7 owra&d•tr mw lme uarr imosas7 467 Seat to a. paint 25 Is .r 1e7essd tb-,. eomor -between the seAA Y-oattovem7.Ut aaci'the lot heretoi..4 tors;.eosarpTid bT .7. W. T ve; to Yz*.m t: R. Twos and Lbo17n VL Xsuen� hii� :` y•�: •reU61 tlseaee South �.5 Bast ]O teat; thence Borth d5 Best �67•.See. tee r '41te. Center =-%* o= *above Road;' thence Korth &SO Ia.st aloes' se3d- owater liaw' ' 10 Saat tee Taint of be. ; • .'�' � .; � te.• i • .. L.: V..: _ } :�: ��'' •'AXED ==72, tharl.'psrt of Lot 7 or 7iN7l:i = TIZT as PaprT1st ,tAar+so! s-a•-.':s . ecrdod id Dead Doak eD'; •at' P%Ca 253, of the Z'lablia Sooer3s or Dtitde 7. 10-vida, !Ting lrorthwest of. the Covatl► Road, 'Ube. Said parcel;! - s L• Sand beiAz also described as fo23.vtirsa' bec3naSaQ at,a pipe, sst in oassat 'st�kf3sg the lvastion-AZ.tbs •Ltgbttto04 ass •se srarlrS.A t"'Nost . - ::s;:• 'Tertlare�twir37`eeratir_ ot'said Zvt 7; *thence South .t•So T.sst '634 fast, - =;or .3+ aa*. -to the ewntsw ]Sao of Coaaatr Road tDixie Riehwa7) V1•tirit' Le v rknd bt a, pipe set S.n ossrent. 35 test fresa coaster 3bas "of said !toad= "'`•� =i tI_T - ?R:a"'+ %,vI—iT along the Mahal Center lists or "osSd, 4a=t ► ltas 1'iS.S7.. leetj '. %20ues !North 45e West* T ro-laellac. the SotYth+esstar77 21tee of said Tot 7,46Q test, sore or Zdsi, to s, pipe sat .1u cesosat is tbs Sauty 14wp Of Qr;,sz& iweaw, vhieh ppeefirst Sati rAxt Ot the pol t.CC be M*�� tbsaos • . - Vest Zia ,2eet, oars or. Aesop to -point at beta � ALSO $CC2M, t%At portiest at let 7 or Uma+tta �PZ,4Ttt= as per "At tbsreof Tee corded iu Dead Sock RTP p at Pace 253, pt+blie Re3' nords of VN48 Ceeast7s 1a3`•. Sda, ee0trwred bW J&C& R. Cerdasr, at al, to T'SS C= Cp H A3Cr.. a amxiei r= . pal serporstioa, b7 dead dated ivgost Z, 3.91,7, r*CCr ied' Sin Deed Doosc. 2933, , fs 207, of the Public Record of Dada Covsat7, rSoriAa= .. '+ .. ti• -..-s CL'P2, a portion of Lot ? of WORRCS PLAT, ".-Per _LSO l�t.-Per Mat tiharaotra-- • . - COW60d tam Deed book eD"', apt S'aUS 253, oC titre rv&QAa 8.oeords at De.aa CocWtV, Tlor3lls, moor* partio lam-17 deseribad as fol=.ae'sa. Mt►CH= at the POMC M =17==TMCM of the Soathesstar3�• boaQadr>�► e=' said •Lot 7•with a ,Soso that is 35 feet Sawthsastarir fro% and parallel to the Stmat'n"ster37 prodactiost of "the RortIr sster77 Lime of Uts'8ibelt�, imesltolveIt of G. and T+ ps&;-_*c es s Subdivision Amended as s,•soosded is Plat . .Soak W 8s , • at ?+figs 70, of tbs PWILa Retards at Dada Corastrs r3arida3,� , i tbumse rds va Worth 440 421 •37e-last, 50.M feet aSoaQ a liar that Is 3S test 8oat'beaatsr37 from and pss'allsl to the Southwester],, extetzion at woad NovvhwesterlT 33a6 of Lots 6 to 3.29 inaluxive, of C. astd T. Zbae*ckl a. • �. a-&bdirisiea Atiaaded, to the 21103xr CT E37lI10=1 of the tratt of issd b r — •Inattar desaribedt tUsace ooatiaras Borth A4C 42t• 37e Last aleag the ss3fl lash described line a distanee of 3.*.26 Zee+. io a point en a Una 20 > fo*4 Southwestsr37 t'roa the Rerthe4ster33r bo=dary of said tat* Q,, 7it mClt rWX1 tbtnee rem South .46e 332 26e Frost along a 21me tbst is 10 teat ' ;tBowLhvestez l.T heat *sad Mom_ t sl to the .Itortbsea f er27 betmdsy7► et ssSd t Srart 7* a dirtaase or 233•.95 root Ze s Sort; tome - •�' - . lsesa: a diatataee as 119.30 ZaRt to at f • ea rim Beath 43e %•" in 26! .-' • • '\ Tic 1. SL d fft Srof Pew tans a ]Seas V%&CLU Ss So test 3you of ?rot 7j thames r+sN=rth' 460 32t 34, e" &2gmg reaU last boatmdat3. Cz'Wbed ISme a distsaas Of 2S4,56 last to tbs Poner cir ass+ RECopDa RS NOTE; Ttf.] 1tlQSbbtY o1 7+r•}mt!, ivutug nr hRrttrrtg tlQEAtlfl. �Rfit:rY ir1 tj1111 oncttlrtna•lt when rftmtyW. SCIMMULE "All 98 --1229 PARCEL 2 8< gjnuYnC at the point of 'lutersectiots of the southerly ' , btbua,dary liar .o2 Ttic rst "A" and the U. S. Harbor Line-?.Y::;' _ ' o:� liisesys�e Sal as tboe'n on sae plat thereof eatitled ••'x f3E C.1T. PZCMSON TRACT ,SA COCONUT GR6VE, CITY OP M XAM ._ a . ' D f.DS • CGL*!i'TY, FLA . " • amY•eocsded in the Public Records : .,: = • of Dade Cbunty, Florida in plat Book 35 at+ege •61;'-;•s_'1�' thence X-34o-S9L4•-44"-S along said U. S. Harbor Line' for `'- = •- • a dSstassee of 66.75 Seet to a pout, tl►e.ace 27-••460-25'-53`a v •• srl.onf, tl a siortbarly boundary line of said, Tract "A'! • • * Ior *a. distance e2:846.10 •Seat to •••Point; •themes' . V-433C-346-07"-K •tar a diRtanca of 66.0•0 to as pol.sat On tbe Southerly boundary lime oS said Tract "A" , thence `, . , � •'�' "� :•'irl-4So-25'•-S3••-E alos:c Ilse southerly boundary line of •�`��`t'''• - . .r.'..: staid Tract "A" for s distance . of approximately, 856.05+�,,:.: 1:a the •pout of, becLnULa8; a eontaitniast So,170'sq•• L• _ • •. .J • • ". ! ''tea �.� •>.r�~;• r. • t'��a/�! i1:..tRO_�..s.+w.S•• au.��' •..��.�_+>:rs.�...: � :•ar' �. �•i;..r'S•`.� ::l:r!1.•+. •:���'y:• • +• - ' . PARC:EL 3 ••` �— N�'r'A .A pv=iioa of iiit 7. 3AUXAM PT,&T as racordsa3l�a Deed Baolc '�••, .{.? ,�-? •�;;••�'� ' at Fa La 2S3. Of the public It eecrds of Dad a COUM7, Flory. tnare ` p -Ti1 sslasly described as fallawa:- •�' C0hCV NCE at the POix'r OF INI,P SEC.I'ION of, the ssoathwasterly +r • L • a b 9=1ftrg'Of taisi L,at 7 with a Lima_ d= in 15 feet aacrhem=ezly fz�sa•�` 'a • - vod parallel to time sacuhwes tarly produczioa of the Aorchweraesly line Of -Lots 8 to 12 in lusive of Q and L PEACOCIVS BLTAqIVL,!•mx , A E"hMED ass recorded in plat Boak • B-, as Pegs 7Q,t 'at the Fetb2it Records of Dade Ccau my, Florida• ' 'Xbea me rust N. 44"4.2'37"£. SO.Ol fee= along ai lima ttsa='!s 15 iers ss eattheas:tarly Brame ssod pa"Sne.�I to the aoutkLWesterly �'T*'"QL7Le of egtlsi '�":.:• s nortbwasterly line Cd Lotm 8 so 1.2, inclusivle, of C. a a L PEACOCKS • '� 'SL98DIVZ.SION AMMMMED, to the POIATT;.OF BFGM0IIIQG de the tsvt� � ;' � -. - �•�; land harelmrfter described: �, ; , ,. •--�< - s. 'Ibe ma- eaat:iasse N. 44w`42'37"E• s1=X the said Lstdm=V:.ed liar:= �„'•' distwAche of 119. 26 fart to a point oil a Jiao 10 fact Southwesterly fs otter t ` . c._ •: - .. the s>:=tiieajrmrly bossadasy of raid I.vL 7. •MLJ2IROE PI..&T; • - . � .. • ,, ; ; : i • , i.,:� • Thenlx rasa S. 46 32 26 E: along a line tbaip in 10 f ex southwesterly ptsalir-1 to the morrtbeastewly bcuzsdaz7 of said Lot 7, a distance- of 251. 9S f� '• Zberme run S. 43" 27126" W. a d!.imnx aj 119. So Yfeet to a point am a Zige"` s ,•.ar••.6r 50 00i norti MSZerly -1- - And pLran l to the aforesaid soczthwtesrts � is lisle of I -at 7' ' :. • . • .,...-;� . = �„•., r :. s �; s ... t•_- : IY zl'ti}: Zbeut:e zsm I0.•46�2.34"W. sitoiog said Lest described line a ds��ce cle ?54.56 tect. to tbet MD,?T OF SEGIKKI dG, said Lead lying iu the Scatheazz Quartrs at Fracs3at:st3 . Seezitm 21, 71 mabip 54 Smith, Range 41. Pmst,'Da•dt.0 Lamy FlaziAR w • -. Cl� ii `•^ r �i.�t:.J of _ .. w ,• A►�. �+`� :«• •^ ti : '•1: ERECORDLrRS NOTE: The IeAlWttty at +kr+;m�. trpu,st or rerinNnR vn.otts• tory In felts docvmnnr wnnn •4�Itven. .ala f•l0 " OR M&L tlS— " 6001 w/ wave emwrv. .a••a0 - BdM,gA Yrp,rii• 3i1CJL cu:nx c,RCuiT coouuitt 98-1229 I am Vice President of the Coconut Grove Chamber of Commerce. Our Board of Directors has studied this project and has voted unanimously to support it. Not only will the Cloisters on the Bay bring economic benefits to the City of Miami, we believe it will greatly benefit the business community in Coconut Grove, specifically the Commodore Plaza area which in recent years has been has been in decline as a commercial center. Cloisters on the Bay will bring increased tax: revenues, employment opportunities, and will turn what is now a neglected lot that is used as a homeless encampment and a haven for criminal elements into a sensitively designed addition to Coconut Grove. :......:.:..... 98-1229 12/04/98 14:30 FAX 3053" A79 DADE DERV Z02 MIA111lll-DADS OQUNTY, FLORIDA an - December 4, 1999 Sarah Baton+ Hat riAn and Preservation Officer City of Mtarni 444 S.W, I" Ave., 3" Flow Miami, FL. 33130 E%vtRONNEKrAL RESOURCES MAIMAGEtMENr N*TUFAL RESOURCES DIVISION 33 S.W. 2nd AVENUE MIAMI, FLORIDA 33130-1540 (305) 372.67aD FAX (306) M-66M RE: Cloistts on the Bay lowed at aWosi�wely 3463-3471-Main-I ighway. Cotsonut Grove, M&Td, FL. Dear Ms. Eaton, This leuer comains ramnm"KWffls from die review of thepbw for the, obove referenced site as requested by the City of Miami. On December 2,1998, Matt King and 1 met on the site with a representative of the owner and reviewed the plans front A. Grrd T hornbroaglr miff, Associates dated I41- 98. Although the City of Miami has jw isditxion regarding tree removal an this site, DERM will comment on this project with regards; to the MbarDadeT=PreservatiwOrdinaace. Chapter 24. 1. 71m cnuance to the guardhouse area expands to two lanes, which impacts more of the hammock area 43be restored. This should be evaluated to See if em line would be svfkient to protect existing trees. If there is concem regarding traffic impacts to Main Highway. then placing the gaardbouse futilta into the.pcopesty should be explored. 2. The new location of tht tennis courts lessens the impacts to trees in this area►. 1. A detailed relocatioa plan stating rem pasting. relecation, reelmiques, irrigation and location where the trees will be relocated should be submitted for review prior to isumace of the tree ranoval pM dL 4. The piacemem of the fence should be outside of the harvnoek area if possible. If the fence needs to be installed in the hammock, the fence should be installed by hand to lessen impacts to the rock t, --t on. S. DERM 4w review wA approved the restoration plan. Any o9dielocated loft the restoration area of the hammock should only be planted in area devoid of vegetation and where impacts for di r substrate can be minimal. 6. Although the proposed development is removing 13 .queclsnen trees, the plans show the preswvatiop for 38 specimen Trues. 98-1%29 1.2/04/08 14:30 FAX 3053- 479 DADE DERV Qbpg 7. 'Me -oUhehwmock4sL5aae5. This hatamwx is. ncj a designated neinual forts[ community due io its dgFaded condition of the hammock. Chapter 74 does not require A1aElagerrt M of natm°aMrest cemMWiaes: but would ardy-atlow 20 % of the site ro be developed if it was designated. Since me site is not designated, the developer could clear evecydiing wuh ft exception of specitma trees (DBH- l lr), babas agreed to restore and manage 1.03 acres which will prevent the h:utunock ffm degrading Authcr and will enhance the testioedhammock owft adjacent Barnacle propeM DERM would be willing to provide oversight of the hammock restoration. 8: Chapur A a#ich is d* WAscape Code of Miami -Dade Eouaty-pr kon the planting of any convolW species since the site is located within 50D feet of native plants comminutes and Ow 30 % of -[lute laadm%ping mmai4nee& to be native. The submitted plans have met these regttiratirnts. - If Ytat-lu a atty QueStic7At3 Of would like-additiorlat tnfot7rttttlott, picric CMtNq me at (305) 372-63$6. Sincerely, Joy D. Klein Fnviroarrtattal Rmsaeufce Program Supetvisar Forest Resources Program Cr- Mack Ma Mahal. 98-IZ29 CLOISTERS ON THE BAY 3471 MAIN HIGHWAY COCONUT GROVE REPORT ON THE ECONOMIC AND TAX BENEFITS TO THE CITY OF MIAMI Prepared for and in Conjunction with Albanese-Popkin Development Group, Inc. MORRISON, BROWN, ARGIZ AND COMPANY 1001 Brickell Bay Drive, 91h Floor Miami, Florida 33131 (305) 373-5500 December 1, 1998 98-12129 CLOISTERS ON THE BAY 3471 MAIN HIGHWAY ECONOMIC IMPACT ANALYSIS TABLE OF CONTENTS DESCRIPTION OF THE PROJECT.............................................................................. 1 SUMMARYOF BENEFITS........................................................................................... 2 METHODOLOGY Objectives.................................................................................................................... 3 Definition of Economic and Tax Impact......................................................................... 3 Directand Indirect Effects............................................................................................ 3 Measures of Economic Impact...................................................................................... 4 Descriptionof Results................................................................................................... 5 EXHIBITS Summary of Economic Impact....................................................................................... I Computation of Project Based Construction Spending .................................................. II Computation of Construction Period Wages................................................................ III Computation of New Spending in the Community........................................................ IV Computation of Ad Valorem Taxes............................................................................... V Allocation of Ad Valorem Taxes................................................................................... VI Impactand Permit Fees............................................................................................. VII 98-1/2029 CLOISTERS ON THE BAY 3471 MAIN HIGHWAY DESCRIPTION OF THE PROJECT The proposed Project is a Planned Unit Development (PUD) of 41 attached and semi - attached single family homes located in the Village Center of Coconut Grove (the Project). The site contains 6.3 net acres. The property is bounded on the north by Peacock Park and St. Stephen's Church, on the south by the Barnacle State Park, on the east by Biscayne Bay and on the west fronting Main Highway. Construction of the Project is expected to commence six months after the approval of the PUD. Approval of the building plans is expected in the Fall of 1998 and construction should start in the Spring of 1999. The total construction period is expected to be 3.5 years. Occupancy of the constructed units is expected to begin no later than the Fall of 1999. The units are expected to be sold at a rate of fourteen per year. The townhomes are expected to be approximately 4,700 square feet and the price of each unit will be approximately $210 per square foot. The original report dated May 5, 1998 was prepared prior to the completion of certain architectural and civil engineering designs. As a result, this report supercedes the original report and reflects certain revisions to the original estimates as outlined below: As Originally Prepared May 5, 1998 Number of Units 44 Average Square Feet per Unit 4,500 Construction Costs per Square Foot $105 Site Preparation Costs $1,200,000 Common Area Maintenance per Unit per Month $600 As Revised December 1, 1998 41 4,700 $110 $2,800,000 $650 98-i CLOISTERS ON THE BAY 3471 MAIN HIGHWAY SUMMARY OF BENEFITS There are numerous benefits that will be derived from the construction of the Cloisters on the Bay project to the City of Miami and the Greater Miami Area. The purpose of this report is to quantify the economic impact that will inure to the community as a result of the project based on estimates provided by management. For purposes of this report the economic benefits have been classified into the following categories: • Jobs created • Project based construction spending • Wages • Taxes • New spending in the community New spending in the community comprises resident and visitor spending to local businesses: • Food • Recreation/Entertainment • Transportation • Retail The economic benefits to be derived by as a result of the project are summarized as follows: Construction Annual Period Ongoing Impact Im act Jobs created (See Exhibit Ili) 50 0 Project based construction spending $ 31,762,309 $ 0 Wages 4,368,000 0 Taxes 2,579,101 1,131,468 Impact and permit fees 236,367 0 New spending in the community 0 4,282,950 Total (See Exhibit 1) 2 98-.29 CLOISTERS ON THE BAY 3471 MAIN HIGHWAY METHODOLOGY Objectives The objective of this analysis is to provide information on the various economic benefits created by the Project and to prepare an estimate of such benefits to Miami, Florida (the City) and the surrounding area. Our analysis is based on an economic model which estimates economic and tax impacts of the Project in a designated area. The model is specifically tailored to the economy of the City of Miami. Definition of Economic and Tax Impact The construction and subsequent operation of the Project will create important benefits within Greater Miami. These benefits include new income, new jobs, new tax revenues and new economic activity impacting upon every sector of the local economy. Moreover, through the multiplier effect of respending and reinvesting, indirect economic benefits compound the direct benefits brought about by initial construction expenditures and the expenditures from maintenance of the units. Direct and Indirect Effects The total economic impact of public and private projects and policies on a region do not end with the impact from the initial construction expenditures. The continued benefits to the local economy must also be considered. Payments to firms furnishing construction materials and services to the Project are subsequently converted into employee salaries, material purchases, investment in plant and equipment, savings, profits, purchases of services and a variety of other economic activities. Income to laborers is subsequently respent for purchases of food, housing, transportation, entertainment, education, medical and dental services, clothing, personal services, and a wide variety of other goods and services. Taxes and other amounts paid to governmental units are respent as salaries, purchases, and support of a variety of programs, including education, transportation, and social services. In turn, individuals, firms, and governments furnishing these goods and services respend their income for more purchases, salaries, investments and savings. 3 98 -lit 29 CLOISTERS ON THE BAY 3471 MAIN HIGHWAY METHODOLOGY Direct and Indirect Effects (Continued The indirect effects can be viewed as a set of ripples in the economy. Indirect, like direct, resources require labor, materials, equipment and services for their production to induce further job creation and spending of wages. The ripple impact of the indirect effect broadens the original impact of the purchase. The common measure of the magnitude of the ripple effect is called a multiplier. A multiplier measures the total magnitude of the impact on each particular economic indicator as a multiple of the initial, direct effect. For instance, a multiplier of 1 would signify no ripple effect as the total impact was 1.0 times the initial impact, while a multiplier 2 would imply that the total impact was twice the direct effect. The actual magnitude of a multiplier depends on the likelihood that the goods and services purchased in a region would have been produced in, or provided from the region. The model we used to estimate the total economic impact incorporates a multiplier developed by utilizing past consumption and production patterns in the City of Miami. Measures of Economic Impact Various measures can be used to indicate the impact of a policy or project on a region. Specifically, for this study, they are the increases in local employment, wages, tax revenue and output that result. Definitions of these measures are as follows: • Employment is measured in full -time -equivalent jobs. • Wages include wages, salaries, and proprietors' income only. They may include nonwage compensation, such as pensions, insurance, and health benefits. Wages are assumed to be expended by households at their place of residence. • Taxes include additional revenues from both ad valorem and non -ad valorem assessments as well as permits and fees. • Output describes total economic activity, and is essentially equivalent to the sum of direct and indirect expenditures (exclusive of wages and taxes). 4 98 - �.229 CLOISTERS ON THE BAY 3471 MAIN HIGHWAY METHODOLOGY Description of Results For the purpose of describing the total economic benefits of the Project, the related expenditures have been separated into two categories: (1) Construction Period Impact (2) Annual Ongoing Impact Construction Period Impact includes those expenditures related to the design and construction phase of the Project and related amenities. Annual Ongoing Impact are those expenditures related to the ongoing existence of the Project. 5 98-12,29 Cloisters on the Bay Summary of Economic Impact Construction Period Impact Project Based Construction Spending Wages Taxes Impact and Permit Fees Total Construction Period Impact Annual Ongoing Impact Taxes New Spending in the Community Total Annual Ongoing Impact Direct Indirect Source Impact Impact Exhibit I Total Exhibit II $ 15,598,050 $16,164,259 $ 31,762,309 Exhibit III 4,368,000 - 4,368,000 Exhibit V 2,579,101 - 2,579,101 Exhibit VII 236,367 - 236,367 $ 38,945,777 Exhibit 1,131,468 - $ 1,131,468 Exhibit IV 2,103,300 2,179,650 4,282,950 $ 5,414,418 lW QJ Cloisters on the Bay Computation of Project Based Construction Spending Site Preparation Costs Construction Costs: Hard and Soft Costs per Square Foot Times Square Footage per Unit Construction Costs per Unit Times Number of Units Total Construction Costs Total Costs Impact of Costs: Estimated 65% of Costs will be Spent in the City of Miami Net Direct Impact of Costs to be Spent Indirect Continuing Effect of Construction Costs - Multiplier of Indirect Effect * Total Indirect Effect of Construction Costs * Multiplier of Indirect Effect per Miami Dade County Planning Department Exhibit II $ 2,800,000 $ 110 4,700 517,000 41 21,197,000 23,997,000 65% 15,598,050 1.0363 $ 16,164,259 Cloisters on the Bay Computation of Construction Period Wages Average Number of Construction Jobs Generated Each Year Average Hourly Rate Average Number of Hours Worked per Year Construction Period Expected Construction Period Wages Approximately 300-500 people will work on the project over time but on any given day the average number of construction workers has been estimated to be 50. Exhibit III 50 $ 12 2,080 3.5 Years $ 4,368,000 98-�.;-429 Cloisters on the Bay Computation of New Spending in the Community Exhibit IV Expected Monthly Units Annual Amount Participating Impact Common Area Maintenance and Security $ 650 41 $ 319,800 Individual Home Maintenance and Security Electricity $ 350 Water 75 Landscaping 100 Miscellaneous 100 625 41 307,500 New Spending by Residents, Visitors, Employees and Business Suppliers ** $ 3,000 41 1,476,000 Expected Direct Impact of New Spending in the Community $ 2,103,300 Indirect Continuing Effect of Construction Costs - Multiplier of Indirect Effect " 1.0363 Total Indirect Effect of New Spending in the Community $ 2,179,650 Multiplier of Indirect Effect per Miami Dade County Planning Department " Expenditures compared to the Bureau of Labor Statistics Consumer Expenditure Survey, 1996 for reasonableness 98-1229 Cloisters on the Bay Computation of Ad Valorem Taxes Real Property: Percent of Project Completed Developed Project Value Less: Homestead Exemption Net Basis Millage Tax Rate' Estimated Ad Valorem Tax Land: Value Millage Tax Rate " Estimated Ad Valorem Tax Total Estimated Ad Valorem Tax Exhibit V Total Construction Annual Construction Period Period Recurring 1998 1999 2000 2001 Taxes Taxes $ 9,741,600 $ 19,483,200 $ 29,520,000 $ 29,520,000 338,250 676,500 1,025,000 1,025,000 9,403,350 18,806,700 28,495,000 28,495,000 2.99965% 2.99965% 2.99965% 2.99965% 282,068 564,135 854,750 1,700,953 854,750 $ 1,600,000 $ 9,225,000 $ 9,225,000 $ 9,225,000 $ 9,225,000 2.99965% 2.99965% 2.99965% 2.99965% 2.99965% 47,994 276,718 276,718 276,718 878,148 276,718 $ 47,994 $ 558,785 $ 840,853 $ 1,131,468 $ 2,579,101 $ 1,131,468 Millage rate per Miami Dade County Property Tax Appraiser's office - assumes no increase in property values (See Exhibit VI) 98-i02:ti9 Cloisters on the Bay Allocation of Ad Valorem Taxes Exhibit VI Construction Period Taxes Total Construction Annual Recuring Taxes Applicable 1998 1999 2000 2001 Period Description Millasre * Basis Tax Basis Tax Basis Tax Basis Tax Taxes Basis Tax School and State Districts: School Operations School Debt Florida Inland Navigation District Water Management District Evedades Project 9.3560 1.1060 0.0500 0.5970 0.1000 $ 1,600,000 $ 1,600,000 1,600,000 1,600,000 1,600,000 14,970 1,770 80 955 160 $ 18,628,350 18,628,350 18,628,350 18,628,350 18,628,350 $ 174,287 20,603 931 11,121 1,863 $ 28,031,700 $ 28,031,700 28,031,700 28,031,700 28,031,700 262,265 31,003 1,402 16,735 2,803 $ 37,720,000 37,720,000 37,720,000 37,720,000 37,720,000 $ 352,908 41,718 1,886 22,519 3,772 $ 804,429 95,094 4,299 51,330 8,598 $ 37,720,000 $ 37,720,000 37,720,000 37,720,000 37,720,000 352,908 41,718 1,886 22,519 3,772 City of Miami: 17,934 208,805 314,207 422,803 422,803 963,750 City of Miami Operations City of Miami Debt 9.5995 1.9200 1,600,000 1,600,000 15,359 3,072 18,628,350 18,628,350 178,823 35,766 28,031,700 28,031,700 269,090 53,821 37,720,000 37,720,000 362,093 72,422 825,365 165,082 37,720,000 37,720,000 362,093 72,422 Dade County districts: 18,431 214,589 322,911 434,516 434,516 990,447 County Wide Operations County Debt County Library 6.0230 0.9290 0.3160 1,600,000 1,600,000 1,600,000 9,637 1,486 506 18,628,350 18,628,350 18,628,350 112,199 17,306 5,887 28,031,700 28,031,700 28,031,700 168,835 26,041 8,858 37,720,000 37,720,000 37,720,000 227,188 35,042 11,920 517,858 79,875 27,170 37,720,000 37,720,000 37,720,000 227,188 35,042 11,920 11,629 135,391 203,734 274,149 274,149 624,903 TOTAL 29.9965 1,600,000 $ 47,994 18,628,350 $ 558,785 28,031,700 840,853 37,720,000 $ 1,131,468 $ 37,720,000 El 131,468 2,579,101 * Millage rates above obtained from Miami Dade County Properly Tax Appraiser's office based on 1997 tax bills. OR Cloisters on the Bay Impact and Permit Fees Fee Single Family Impact Fees: Road $ 1,242 Fire 176 Police 101 School 612 Parks 1,222 $ 3,353 Building Permit Fees: Number of square feet 4,700 Times fee per square foot $ 0.37 1,739 Plus additional fees 395 Fees per unit $ 2,134 City of Miami Major Use Permit Fee (for total project) Total Impact and Permit Fees # Units 41 $ Exhibit VII Total 137,473 41 87,494 11,400 $ 236,367 98-1229 MARK P. MCMAHON 6110 SW 55TH COURT DAVIE, FLORIDA 33314 EDUCATION: RESUME E-mail: biolenvi95@aol.com. TELEPHONE (954) 584-3586 FAX (954) 316-9892 Univ. of Miami, B.S. Biology, 1971 Univ. of Miami, Post -Graduate work in Tropical Ecology, 1971-1974 Florida Atlantic University, Post -Graduate work in Tropical Botany, 1979 Fairchild Tropical Garden Three Day Intensive Workshops on Endangered Plant Species (1990) Grasses Identification (1991) and Sedge Identification (1992) Fairchild Tropical Garden Two Day Central Florida Sedge Seminar (1993) CURRENT STATUS: Mr. McMahon has worked as an independent Environmental Consultant since the summer of 1985. He is the vice-president and senior scientist of the firm, Biological & Environmental Consulting, Inc. His major areas of expertise include inventorying and mapping terrestrial and estuarine vegetation communities; freshwater wetlands assessment; wetland jurisdictional determinations; rare and endangered species studies; macrofaunal communities inventories; mitigation planning; wetlands permitting at the local, state and federal levels; inter -agency negotiations; environmental feasibility studies, tree surveys and environmental assessments. In addition, Mr. McMahon has considerable experience in growing and utilizing native vegetation for both landscaping and habitat creation/enhancement projects, as well as supervision of mitigation implementation, and maintenance and monitoring of mitigation areas. He also provides biological supervision of site clearing in sensitive upland and wetland habitats, and restoration of indigenous upland and wetland habitats. Mr. McMahon has more than 27 years' experience in the field of biological and environmental consulting in central and southern Florida. He is fully familiar with the Development of Regional Impact process; Dade County Class I, IV and tree permits, South Florida Water Management District ERP rules; Corps of Engineers 404 dredge and fill permitting, including performance of WRAP for mitigation/habitat restoration requirements. Mr. McMahon has written scores of environmental documents, ranging from brief environmental assessments to lengthy scientific analyses. Mr. McMahon has participated in Chapter 120 Administrative 1-10/05/98 98- %29 RESUME OF MARK P. MCMAHON PAGE TWO Hearings and court cases on various matters, and has also been qualified several times as an Expert Witness for environmental subjects. Current projects Mr. McMahon has been involved with include several wetland permitting projects in Dade County, gopher tortoise and burrowing owl studies including relocation in Broward County; numerous mitigation monitoring projects in Dade County, and development of a very large tract of land on Sugarloaf Key in Monroe County. Other projects include the restoration and subsequent planting of a coastal hammock for FDOT and the implementation of mitigation plantings on a large project in Miami Beach. Noteworthy projects Mr. McMahon has been involved with during the last ten years include two Development of Regional Impact documents for a residential project and a commercial project in Broward County; mitigation planning for a Dade County correctional facility; a State of Florida prison expansion project; several rock mine expansion and mitigation projects; and environmental permitting and mitigation services for numerous residential projects; environmental assessments of several Florida Department of Transportation road projects; preparation of a detailed -field study of the status of crocodilians in the vicinity of a proposed Resource Recovery facility in Broward County, and a quantitative vegetation analysis of the Bird Drive Everglades Basin in Dade County. Additional projects include several environmental feasibility studies of properties in areas of potential environmental sensitivity, FDOT tree identification and location studies, tree surveys, and a rare and endangered species study, a number of wetland permitting projects, and a 39 square mile vegetation and wildlife study as part of a Special Area Management Plan study for Dade County and the U.S. Army Corps of Engineers. He recently supervised the installation of a Dade County wetland mitigation project, and evaluated biological damage of a natural area for the City of Coral Springs. In the last several years, Mr. McMahon was involved in a number of wetland permitting/mitigation projects, wetland mitigation maintenance projects, regulatory agency wetland jurisdictional determinations, the supervision of a wetland restoration project in Broward County, supervising the clearing of sensitive pineland and mangrove habitats for compliance with DERM tree permits, the restoration of a tropical hardwood hammock understory and rockland pineland sites, vegetation documentation and impact assessment for a Dade County proposed wellfield Environmental Impact Statement, and resolving several coastal and freshwater permit violations. He provided environmental assessments in for projects in Mexico. Mr. McMahon completed a status assessment and biological monitoring study of a population of the Federally -endangered Tiny Polygala (Polygala smallii) for the Center for Plant Conservation, and assisted University of Florida researchers in 5-10/05/98 z4 98-ia RESUME OF MARK P. MCMAHON PAGE THREE vegetation identifications from southwest Florida. He was also involved in a 30 acre restoration project for a pine rockland site being managed for Federally -endangered plant species. In the recent past, Mr. McMahon has provided the National Park Service quantitative vegetation analyses on habitat restoration sites in Everglades National Park, and performed several other on -going mitigation monitoring and maintenance projects. Mr. McMahon provided permitting and mitigation services, as well as tree and endangered plant species surveys for a number of FDOT projects in southern Florida, including an 1-75 rest stop and recreation access project in Collier County, an exclusive buslanes project in Dade County, the widening of US1 in Monroe and Dade Counties, and several others. Mr. McMahon was involved in a number of permit violation matters, assisting in preparing restoration plans and working with regulatory personnel to resolve conflicts. He was also involved in permitting projects in the Florida Keys, and has recently provided expert testimony services in a number of court cases dealing with vegetation, wetlands and other biological matters in Dade, Broward and Monroe Counties. Other noteworthy recent experience was the preparation of the vegetation cover types and mapping of the Lake Belt area in Dade County, evaluation of 160 pineland and forest sites in Dade County for possible inclusion in the NFC program, a biological evaluation and recommended use of natural resources for Matheson Hammock, and completed the vegetation portions of 18 Natural Resource Management Plans for Environmentally -Sensitive Lands in Broward County. PREVIOUS EXPERIENCE: From July 1977 to June 1985, Mr. McMahon was a Project Manager in the Environmental Division of Connell Associates, Inc. of Coral Gables, Florida. In this position, Mr. McMahon was responsible for the staff of the Environmental Division, including the Company's Environmental Laboratory, as well as project management, preparation of proposals, writing of all reports and documents, and administrative duties. Mr. McMahon worked on scores of projects during his time at Connell, which are summarized in a separate document. However, some notable projects he was responsible for included: two major studies of the endangered American crocodile (Crocodylus acutus) in south Dade County, and northern Monroe County; the vegetation portion of a rare and endangered species study for Dade County, Florida; three major transmission corridor siting studies, a coal-fired power plant siting study; a four-year technical specifications study of the Crystal River nuclear power plant; 5-10/05/98 RESUME OF MARK P. MCMAHON PAGEFOUR numerous Development of Regional Impact studies; environmental assessments for airport expansions; hazardous waste evaluation studies; and many water quality and other types of laboratory studies. From 1975 to 1977, Mr. McMahon worked as a Consultant for the environmental firm Gaby & Gaby, Inc. of Miami, providing botanical and other environmental expertise. Additionally, he worked as a subcontractor to Applied Biology Inc. of Atlanta on the terrestrial vegetation portion of environmental technical specifications studies for the Turkey Point nuclear power plant. From 1972 to 1975, Mr. McMahon worked for the Consulting firm of Rio Palenque, Inc. of Coral Gables, providing botanical, vegetation, and other environmental expertise for field work, report writing and laboratory work. Also, Mr. McMahon has traveled extensively in the Neotropics, and has conducted botanical surveys and collecting trips in the Bahamas, Belize, Costa Rica, Grand Cayman Island, Mexico, Nicaragua, Panama, Ecuador, Trinidad, the Virgin Islands, Dominica, Peru, Puerto Rico, Martinique and Venezuela. PUBLICATIONS: "The ecology of a population of Crocodylus acutus at a power plant site in Florida". 1985. with R. Gaby, W.N. Gillies, F.J. Mazzotti, and J.R. Wilcox, Journal of Herpetology Vol. 19(2):189-198. "Field and laboratory observations on the effects of high temperature and salinity on hatchling Crocodylus acutus." 1986. with F.J. Mazzotti, B. Bohnsack and J.R. Wilcox. Herpetologica 42:191-196. Bird Drive Everglades Basin/Pennsuco Wetlands Vegetation and Covertype Mapping Study. 1989. Metro -Dade Technical Report 89-5. Exotic Woody Plant Control. 1990. with Exotic Pest Plant Council Publication Committee. Florida Cooperative Extension Service/IFAS. 16 pp. PROFESSIONAL ORGANIZATIONS: Florida Academy of Science National Association of Environmental Professionals Florida Association of Environmental Professionals South Florida Association of Environmental Professionals 5-10/05/98 98_ G29 RESUME OF MARK P. MCMAHON PAGE FIVE South Florida Endangered Plant Task Force Exotic Pest Plant Council Association of Florida Native Nurseries Gopher Tortoise Council South Florida Ecosystem Recovery Team PROFESSIONAL AFFILIATIONS: Fairchild Tropical Garden Center For Plant Conservation Association for Tropical Biology Organization for Tropical Studies Society for Conservation Biology American Institute of Biological Sciences Cornell University Laboratory of Ornithology Florida Ornithological Society New England Botanical Club Rare Center for Tropical Bird Conservation National Wildflower Research Center Florida Native Plant Society Broward County Native Plant Society Florida Wildlife Federation Florida Audubon Society/Tropical Audubon Society National Audubon Society Zoological Society of Florida The Nature Conservancy The Wilderness Society National Wildlife Federation Natural Resources Defense Council Conservation International World Wildlife Fund Defenders of Wildlife Belize Natural History Society Texas Botanical Society Southern Appalachian Botanical Club Wildlife Conservation Society Ducks Unlimited 5-10/05/98 98-1229 O C ENGINEERS - LAND SURVEYORS I N 7' A T E /MAtInMlllafli/l�lL Lp-L llrlsi/a11I Mr. Hemandez has twenty-seven years of civil engineering experience In the planning, design and preparation of civil engineering projects, land planning and development. His responsibilities Includes management of projects, supervision of engineering staff, coordination with subconsultants and clients, planning. design, bidding services and overseeing constnrctlon Inspections and administrative services. Some of Mr. Hernandez experience include the foilowtng: ♦ fBi'iMY BONAVENTURE SUBOMSION Browand County, Florida Designed the master water distribution system for approximately 640 Acres of Urban development including single family, mufti -family and commercial use. Permitting Included state and local level agencies. BOMAVENTURE SUBDMSION Bro"rd County. Florida Design of water distribution, sanitary sewer collection and paving, grading and drainage system for the project consisting of approximately 250 single family residences. Permitting included State and Local level agencies. COUNTRY LAKE PARK - North Dade County, fonds Design of water, sewer, paving, drainage and grading plans. Realignment of Tangiers Street in Coral Gables and redistribution of utilities. Obtaining FDOT approvals for driveway eonnectkxw and realignment. Land planning and platting of hospital complex. Obtaining approvals from all agencies both at the county and city levels. Diced planning and layout of all Infrastructures with contractor and developer. AIIIARBELLA PARK North Dacia County Design of Regional Sanitary Sewer Pump Station, including ISM linear feet of 12 Inch force Maln to serve the Northeast quarter of Section 3-52-40. The design Included the water distribution and sanitary sewer collection systems. The entire design was for approximately 62S single family units. Pump station donated to Miami -Dade Water and Sewer Department. ANGELICA GARDENS North Dada County Design of Regional Sanitary Sewer Pump Station including 600 linear feet of 12 inch force main to serve the souteast quarter of Sewon 3-52-40. The design included the water disMbution and sanitary sewer cottedion systems for approxdmatdy ISO single family units. Pump station donated to Mlarn Dade Water and Sewer Department. . 4694 PALM AVENUE - SUITE 203 - HIALEAH, FLORIDA 33012 - TEL: (305) 921 -1281 - FAX: (305) 825-1705 35-1Z29 Bemabe A. Hernandez, P.E. MANUCY & Associates CITY OF SWEETWATER Ode County Design of Paving, Grading and Drainage systems for 30% of the local roads within the City of Sweetwater. Community Development funds were used for design and construction projects. FAIRWAY VIEW SUDWY lON North Dade County Design of regional pump station to serve the Southeast quarter of section 11-5240. Pump station donated to Miami -Dade Water and Sewer Department. Design included SW linear feet of force main and a sanitary sewer collection system for approximately 3W residential units. GALLOWAY MEDICAL PARK South Dade County Design of gravity sanitary sewer collection system, private lift station and 900 linear feet of 8 inch force main. The construction plans, meetings, Inspection and final certifications were included as part of the services. ♦ I:MALA�M�fY11�9ArA�111r11�i University of Miami - Schewebke, Shishkin Scholarship 1971-1975 Mride International University - Faculty Scholarship 1980-1982 Master of Science in Environmental and Urban Systems - F.I.0 1982 American Society of Civil Engineers - Member Since 1974 Industrial Association of Dade County Environmental Committee Chairman - 1997 ♦ UB�ts�TNM • Registered Professional Engineer - Certificate No. 18972 • Registered Professional Land Surveyor and Mapper - Certificate No. 2905 Certified Florida Environmental Assessor No. 198 • Ph.d. Candidate, 1997 Kennedy Western University • M.S., Environmental & Urban Systems, Florida Intemation University 7' A T E ENGINEERS • LAND SUR.VEYOPS ♦ QUALIRCATIONS OFtACOB COMB,Vies President Mr. Jacob Gomis has nineteen years ofcivilengineering experience in the planning. design and preparation of civil engineering projects, land planning and development. His responsibilities includes all aspects of project development from the conception of a project through the termination of projects. He has supervised projects with our engineering staff as well as having contact and coordination with subconsultants, clients and contractors. The following are some of Mr. Gomis more recent experience from various projects. ♦ WORK NWORY 1994-Present LES FONTAINES NO. 1, 2 4 3 Biltmore Villas Construction, Inc., Hialeah Gardens, Florida Design of water, sewer, paving, drainage and grading plans. Land planning and platting of 270 residential units, Obtaining approvals from all agencies both at the county and city levels. Direct planning and layout of all infrastructures with contractor and developer. 1994-1996 MARIA LUISA ESTATES SEC7701VS 4 & 5 Biltrnore Villas Construction, Inc., Hialeah Gardens, Florida Design of water, sewer, paving, drainage and grading plans. Land planning and platting of 74 residential units. Obtaining approvals from all agencies both at the county and city levels. Direct planning and layout of all infrastructures with contractor and developer. 1994-1995 VENCOR HOSPITALS SOUTH Vencor Hospitals South, Louisville, Kentucky Design of water, sewer, paving, drainage and grading plans. Realignment of Tangiers Street in Coral Gables and redistribution of utilities. Obtaining FDOT approvals for driveway connections and realignment. Land planning and platting of hospital complex. Obtaining approvals from all agencies both at the county and city levels. Direct planning and layout of all infrastructures with contractor and developer. 1996 CITY OF HIALEAH GARDENS Culvert Crossing at NW 122 Street & NW 89 Avenue, Hialeah Gardens, Florida Design of culvert crossing at NW 122 Street and NW 89 Avenue. Obtaining approvals from all agencies both at the county and city levels. Direct planning and consulting with city officials. ♦ EDUCATION A.S. Civil Engineering, Miami Dade Community College A.S. Land Surveying, Miami Dade Community College ♦ UCENSEL AFFILIATIONS s C1ffnFICATM • institute for the Certification of Engineering Technicians #062716 • American Congress on Surveying & Mapping • Florida Society of Professional Land Surveyors. 404 ?A--' ='T_ 203 - 'A:-_' . F:OR` 330:_ 5 r( - .. 2 2 9 STUART C, ROSENBERG, CPA MORRISON, BROWN, ARGIZ & COMPANY POSITION Director Management Advisory & Litigation Support Services SUMMARY OF EXPERIENCE Stuart has over fifteen years of experience providing management consulting services in the areas of valuation, due diligence, business damages, f0f`Msts, feasibility studies and Floanclal projections for various entitles. He has valued numerous entitles for estate and planning Purposes, buylsell agreements, business acquisition and sale, ESOPs, shareholder disputes, and divorce. Stuart has also served as an expert witness and a consultant regarding the feasibility and strategic planning for new business ventures, EDUCATION J. L. Kellogg Graduate School of Management Northwestem University Master of Management, 1986 The University of Texas at Austin Bachelor of Arts Degree, Accounting, 1983 Plan ll Honors Program PROFESSIONAL MEMBERSHIPS Certified Public Accountant State of Florida, 1984 American institute of Certified Public Accountants Florida institute of Certified Public Accountants Chaimran, Litigation Services Committee, Dade County, 1993 Statewide Litigation Services Committee, 1991 American Society of Appraisers — Member & Candidate forAccreditation Arbitration Member of the Florida Bar 11 th Circuit Fee Committee, 1993, 1994 98-1229 TIVIDAD SOTO, AIA President - Ferguson Glasgow Schuster Soto, Inc. TION State of Florida Board of Architecture & Interior Design AR 9945 (Architecture) and ID 3863 (Interior Design) TION 1976 - 1990 University of Miami Bachelor of Architecture (Cum Laude) Ferguson Glasgow Schuster Soto, Inc. 1979 To Present Downtown Development Authority of Miami 1979 Marcet Architects 1978-79 'ANT Ms. Soto has developed a varied experience in commercial, industrial, IENCE educational, recreational and residential for both public and private clients. She has been a part Ferguson Glasgow Schuster Soto since 1979. Her main responsibilities include quality control, principal in charge of major projects, interior design and materials/specifications development. Principal -in -Charge and quality control coordinator for the following representative projects: Ryder System Inc. Phase V, Satellite Building & Misc. Projects Caterpillar Inc. Miami RDC Expansion and Renovation Caterpillar Inc. Miami Skills Acquisition Center State of Florida Monroe County Regional Center Monroe County Marathon Government Center Homestead ARB Visiting Airmen's (quarters Bldg, 478 Harry Cain Tower — HUD Elderly Housing Community, Miami The Salvation Army Miami Area Command/Social Services Center MIA Cargo Building 2212 w/Rooftop Parking Miami -Dade County GSA Continuing A/E Services City of Coral Gables Continuing A/E & interiors Services Jackson Memorial Hospital Continuing A/E Services Jackson Memorial Hospital Transplant Department Dade County Aviation Department Continuing A/E Services DCPS Blue Lakes Elementary Additions/Alterations FHP Headquarters, Dade County FHP Station, Naples, Collier County Dunkin' Donuts Restaurants Florida Memorial College Aviation Center, Dorms & N isc. Projects ICAL & American Institute of Architects Board of Directors SSIONAL Construction Specifications institute RZATIONS City of Coral Gables Architectural Review Board 98-Z29 NAT VIDAD SOTO, A I A ION,President - Ferguson Glasgow Schuster Soto, Inc. k i - ,• is ?: t .. . POS11 REGI TRATION State of Florida Board of Architecture & Tnterior Design kr 'F AR 9945 (Architecture) and ID 38b3 (interior Design) 6_s6th EI7►U 'I'XON 1984 University of Miami Bachelor of Architecture (Cum Laude) FERMS Ferguson Glasgow Schuster Sato, .Inc. 1979 To Present Downtown Development Authority of Miami 1979 a jt- Marcet Architects 1978.-79 RELE ANT Ms. Soto has developed a varied experience in commercial, EXPEWENCE industrial, educational, recreational and residential for both public and private clients. She has been a part Ferguson Glasgow Schuster Soto since 1979. Her main responsibilities include quality control, principal in charge of major pro"ects, interior design and : ;:: ii' : I41 materials/specifications development. Principal -in -Charge and uali control coordinator for the following quality g i y; €x 4: " representative projects Ryder System Tnc, Phase V, Satellite Building & Misc. Projects Caterpillar Inc. Miami RDC Expansion and Renovation' I $i0t! Caterpillar Inc. Miami Skills Acquisition Center.; State of Florida Monroe County Regional Center Monroe County Marathon Government Center Homestead ARB Visiting Airmen's Quarters Bldg. 478 #, 4' Harry Cain Tower - HUD Elderly Housing Community, Miami; :. i . �.N. The Salvation Army Miami Area Command/Social Services Center MIA Cargo Building 2212 w/kooftop Parking Miami -Dade County GSA Continuing A/E Services City of Coral Ciables Continuing A/E & Interiors Services ''s 'lid`°� Jackson Memorial Hospital Continuing A/E Services `t.'-,;.`'1 Y•t?�''y.;' Jackson Memorial Hospital Transplant Department Dade County Aviation Department Continuing A/E Services DCPS Blue Lakes Elementary Additions/Alterations?.; "•¢ FHP Headquarters, Dade Countyyi FHP Station, Naples, Collier County Dunkin' Donuts Restaurants Florida Memorial College Aviation Center, Dorms & Misc. Projects TEC ICAI. & American Institute of Architects Board of Directors 4, :. `'`' PROFESSIONAL Construction Specifications Institute Architectural Board ORGA SIZATIONS Cityof Coral Gables Review GoQ,Gable3,; FLU. _ ,,IIrr'Y r' r,• '. 9 UTAL f 4 ) 9 A. GRANT THORNBROUGH & ASSOCIATES LANDSCAPE ARCHITECT& LAND PLANNERS ENVIRONMENTAL CONSULTANTS OFFICES 132 North Swinton Avenue, Delray Beach, Florida 33444 FIRM OVERVIEW Grant Thornbrough established his landscape architecture and planning South Florida in 1975. Over the past twenty years the firm has grown to highly respected and innovative planning and design practice. Mr. Thom particularly active in the community and is currently Chairman of the E Community Appearance Board and a past member of the Boca Raton.0 Redevelopment Agency Advisory Committee. Thornbrough & Associates specializes in civic and cultural projects on a scales. We co-authored the Beautification plan for Downtown Boca Ratc very closely with neighborhood groups and public agencies in design neighborhood concept for the City of Hollywood, and designed a cede masterplan for historic Bankers' Row in Delray Beach. We are landscape for Old School Square, an adaptive re -use of the historic Delray Beach I School into a Cultural Arts Center. Other civic projects include the West I Police Administration Complex, the Count de Hoernle Pavilion ( Boca R Depot) , the Boca Raton Children's Museum, the International Museum ,Art and numerous other public and institutional projects. Darks and recreation planning and design is -also an important sector of Our staff of landscape architects and park planners have provided l leisure and recreation facilities for communities throughout South Florii include James A. Rutherford Park and Sanborn Square in Boca Raton, Currie Common Park, and the new Virginia Slims 'Tennis facility in D and the new City of Margate Sports Complex. Our experience includes i the interests of governmental agencies, as well as the presentation of p various public and private interests. They have just completed the Mas the City of Parkland Parks System and the Palm Beach Gardens Municip. We have been landscape architects for over 45 award winning projects, b' local and state level. These projects include the Miami Airport ExpresI Pointe, Fifth Avenue Grill, Delray Beach Tennis Center, Levenger, the S World Headquarters, and numerous commercial developments a residences. s i tice in Dme a ugh is Raton iunity variety of �, worked ag a safe elopment architects ementary am Beach ton Train E Cartoon Ur work. ;h quality . Projects filler Park, -ay Beach, < plans to Plans for Complex. on the ,r, Boca private =7 98-i A. GRANT THORNBROUGH A. GRANT THORNBROUGH & ASSOCIATES Project Manager / Principal -in -Charge EDUCATION Bachelor of Science 1969 Rollins College Master of Landscape Architecture 1973 University of Michigan Registered Landscape Architect #512 State of Florida EXPERIENCE Prior to opening an office in South Florida, Mr. Thornbrough worked Associates in Watertown, Massachusetts. His responsibilities included and design development for various residential and commercial proje Northeast and Europe. Since coming to Florida Mr. Thornbrough has be respected in the design field for his innovative and creative landscape environmentally sound and exciting to experience. His projects range fn detailed urban designs to land planning in environmentally sensitive nat In addition to his designs for many of South Florida's premier corporate c residential communities, he specializes in recreation planning and park d Thornbrough has been an active member of the community for twenty-f serving as Chairman of the Boca Raton Community Appearance Boarc Delray Beach West Atlantic Avenue Architectural Review Advisory Bo, often called upon by civic officials for his expertise relating to communit He is well known for his team spirit, cooperative nature and implem( project objectives. His projects have been the recepients of many local awards and have been featured in professional publications. Mr. Th4 serves as Principal -in -Charge and assigns a high priority to answering ea design needs. PROFESSIONAL AFFILIATION American Society of Landscape Architects Boca Raton Community Appearance Board Chairman Delray Beach - West Atlantic Avenue - Architectural Review Committee ar Sasaki >chematic is in the ome well that are m highly oral areas. ients and -sign. Mr. kur years and The rd and is projects. atation of and state clients' ber 98-1229 REPRESENTATIVE PROJECTS Public and Municipal Projects Sanborn Square, Boca Raton James A. Rutherford Park, Boca Raton Red Reef Park, Boca Raton Delray Beach Tennis Center, Delray Beach Old School Square, Delray Beach International Museum of Cartoon Art, Mizner Park, Boca Raton Seminole Palms Regional bark, Royal Palm Beach City of West Palm Beach Police Administration Facility Boca Raton Municipal Complex Margate Sports Complex, Margate Lynn University, Boca Raton North Broward School, Broward County Saint Andrews School, Boca Raton Gulf Stream School, Gulfstream Corporate Projects IBM, Boca Raton Boca Raton Resort & Club, Boca Raton Blue Lake, Boca Raton MBNA, Boca Raton Sensormatic, Boca Raton NABI, Boca Raton CarrAmerica, Boca Raton Highwoods Properties, Boca Raton Arvida Park of Commerce, Boca Raton Butters Development, Ft. Lauderdale Grove Square on Atlantic Avenue, Delray Beach Residential Projects Addison Estates, Boca Raton Phipps Estates, Palm Beach Mizner Lake Estates, Boca Raton Boca Pointe, Boca Raton Woodfield Country Club, Palm Beach County Ocean Harbour Estates, Ocean Ridge A. GRANT THORNBROUGH & ASSOCIATES LANDSCAPE ARCMTECTS LAND PLANNERS ENVIRONMENTAL CONSULTANTS Qk'k'ZCES 132 North Swinton Avenue, Delray Beach, Morida 33444 AWARDS PALM AWARDS Silver Palm Award 1989 1989 Silver Palm Award 1988 Gold Palm Award 1988 Gold Palm Award 1988 Grand Prize Palm Award 1988 First Place Palm Award 1988 Silver Palm Award FAME AWARDS 1994 Gold Faxne Award 1988 First Place Fame Award 1988 Fame Award 1988 Fame Award 1988 (2) Merit Fame Awards UNNA,CLE AWARDS 1989 Gold Pinnacle Award 1989 Gold Pinnacle Award 1989 Pinnacle Merit Award Glades First Court Best Landscape Architecture Single Far Tanglewood at Broken Sound Country Best Single Family Royal Palm Cove at The Polo Club Deerfield Beach City Hall Commercial Renovation Best Overall Community Royal Palm Cove at The Polo Club Lindsley Renovation Opti World Renovation Best Single Family Royal Palm Cove at The Polo Club Best Overall Community Presidential Place Overall Development Royal Palm Cove at The Polo Club Best Single Family Home, The Sco Royal Palm Cove at The Polo Club Best Single Family Home, The Poi Royal Palm Cove at The bolo Club Overall Development and Land P] Coral Cove at The Polo Club Opti World Renovation Best Overall Development Single Tanglewood at Broken Sound Glades First Court FLOR112A CUAPTER ASLA AWARDS Urban Design 1989 Merit Award Sanborn Square 1989 Honorable Mention A.waed Single Family Residence Frenchman's Creek 1989 Honorable Mention Award Single Family Residence Royal Palm Cove at The Polo Club BEST IN AMERICAN LIVING AWARD - NAHB AND PROFESSIONAL BUI U]gR 1997 Gold Award - Best One -of-a Kind Spec House, Gozzo Estate Homes, Admirals's OTHER AWARDS 1996 Gold Prism Award Bocaire Country Club 1996 Gold Prism Award Ballen Isles - St. Michele 1995 Silver Prism Award Positano at Admirals Cove 1993 United States Tennis Association Tennis Facility of the Year Delray Beach Tennis Center �� �29 AWARDS CON'T 1989 Delray Beach Community Appearance Board Award Landscape for Fifth Avenue Grill 1988 Aurora Award Overall Development Royal Palm Cove at The Polo Club Florida Nurserymen & Growers Award of Excellence Boca Pointe Sensormatic World Headquarters Florida Chapter AIA Award Sanborn Square Boca Raton Beautification Committee Award Sensormatic World Headquarters Boca Paton Community Appearance Board Award Meadow Knoll Townhomes Megasystems Atrium Financial Center Schmidt Center, College of Boca Raton Sensormatic World Headquarters Quality Inn Glades/St. Andrews Professional Plaza Condor Place Palm Plaza/Opti World Boca Colonade Carrs Furniture Daniel Medical Centex The Brighton Condoxmi rdu m California Pizza Kitchen Tanglewood at Broken Sound North American Biologicals MBNA Southern Regional Headquarti Delray Beach Site Flan Review and Appearance Board -1993 Delray Beach Tennis Center -1994 Levenger -1996 The Annex Restaurant Fort Lauderdale Community Appearance Award -1994 Runnerup - Califorinia Pima Kitchen 1977 First Place Knight Foundation Highway Beautification Design Competition 98-iZ409 REPRESENTATIVE PROJECT LIST OF A. GRANT THORNBROUGH & ASSOCIATES COMMERCIAL PROJECT: INTERNATIONAL MUSEUM OF CARTOON ART, Boca Raton, Florida CLIENT: The International Museum of Cartoon Art SCOPE OFSFAVICES: Hardscape and landscape design was provided by AGT for this Miznar Park in Boca Raton. PROJECT: SENSORMATIC CORPORATE INNOVATION CENTER- Boca CLIENT: Sensormatic Corporation SCOPE OF SERVICES: AGT was responsible for providing an environmental assessment, architectural and irrigation plans for this corporate headquarters < PROJECT; SONY PROFESSIONAL PRODUCTS - Boca Raton, Florida CLIENT. Tambone Real Estate Development SCOPE OF SERVICES: AGT was responsible for providing an environmental assessment, architectural and irrigation plans for this Sony facility. PROJECT: LYNN UNIVERSITY LIBRARY - Boca Raton, Florida CLIENT: Lynn University SCOPE OF SERVICES: Complete landscaping architectural services for this campus located in PROJECT: BOCA LYONS PLAZA - Palm Beach County, Florida CLIENT: Trammell Crow SCOPE OF SERVICES: Landscape architectural renovations for the upgrade of an existing Itigious museum in Mott, Florida ing with landscape Pus. mg with landscape Boca Raton. aping plaza. PROJECT: THE ATHLETIC CLUB - .Boca Raton, Florida CLIENT: The Naimen Company SCOPE OF SERVICES: Environmental assessment, design of exterior recreational ameniti s including pool, tennis courts, volleyball courts and multi -use areas, along wit i landscape and Irrigation plans for an exclusive health and fitness facility. PROJECT: CYPRESS PARK WEST 130ARDWALK - Fort Lauderdale, Florida CLIENT: Meese Interests SCOPE OF SERVICES: AGT worked closely with the developers of this multi -building office park surrounding a perviously destroyed forested Wetland swamp. The swamp wag restored with a tremendous quantity of wetland vegetation and a unique nature trail boardwalk linking the site together. PROJECT: CYPRESS CREEK AT 1-95 - Fort Lauderdale, Florida CLIENT: Cypress Creek Association SCOPE OF SERVICES: A pilot project committing private funds to improve public lands, the Cypress Creek Association, a consortium of seven of the State's largest commerci I developers, has completed the design phase of a Master Plan to link the $500 mill on of commercial properties surrounding the Cypress Creek interchange of 1-95. The roject Is currently on hold. PROJECT: PALMETTO PARK - Boca Raton, Florida CLIENT: Southcoast Partners SCOPEOFSERVICES: AGT provided landscape architectural services for this cornersto a redevelopment project featuring a major multi -building complex in downtown Boca R on. 98-IZZU COMMERCIAL (CONTINUED) PROJECT: WOODFIELD REGENCY COURT PLAZA - Boom Raton, Florid I CLIENT: Straub Capital Corporation SCOPE OF SERVICES: AGT provided complete landscape architectural services and Irrigaton design for this high -and shopping plaza. PROJECT: BOCA COLONNADE - Boca Raton, Florida CLIENT: Metropolitan Properties SCOPE OFSERVICES- AGT provided complete landscape architectural services inclyd ng site planning, environmental assessment, landscape architectural design, irrigaation design and contract adminstration. !! PROJECT: NORTH AMERICAN BIOLOGICALS, INC. - Boca Raton, Flar do CLIENT: Tambone Heal Estate Development SCOPE OF SERVICES: AGT was responsible for providing an environmental assessment, al ng with landscape architectural and irrigation plans for this corporate headquarters campus. PROJECT: COUNTRYSIDE LANDFILL - Lake County, Illinois CLIENT: GeoSyntac Consultants SCOPE OF SERVICES: AGT developed a landscape reclamation concept for the landfill site. he purpose of the project was to provide a naturalistic landscape final cover for the r gional landfill that would blend in with the natural countryside. AGT also provided arils renderings and a model for presentation purposes. PROJECT: LEVENGER - Delray Beech, Florida CLIENT: Levinger Corporation SCOPE OF SERVICES: AGT was responsible for complete landscape architectural services auid Irrigation design for this major catalogue warehouse headquarters in Delray Beach, FIcrida. PROJECT: ARVIDA PARK OF COMMERCE - Boca Raton, Florida CLIENT: Various SCOPE OF SERVICES: AGT has provided complete landscape architectural services and i 18ation design for many Light Industrial Research Park zoned buildings, including NRC- Jaro, Alro Metals, SIRS, Sony, Sensormatic, IBM, American Boarts Crushing, Inc. PROJECT: BOCA RATON MEDICAL OFFICE BUILDING - Boca Raton, F rida CLIENT: Greenfield & Katz SCOPE OF SERVICES: AGT was responsible for landscape architectural and irrigation pl s as well as an enviornmental assessment for this corporate offlce. PROJECT: V.P.C. CENTER - Boca Raton, Florida CLIENT: Palm Beach County Lifestyles, Wenford Hood, President SCONE OF SERVICES: AGT was responsible for environmental permitting, mitigation, environmenial contract supervision, as well as landscape architectural and Irrigation plank for this 8 acre employee service node at Congress and Yamato. j PROJECT: LAKESIDE CORPORATE CENTER- MIAMI LAKES, FLORIDA CLIENT: The Graham Companies SCOPE OF SERVICES; ACT was responsible for landscape architectural and irrigation plan for this 15 acre corporate park. I PROJECT: LA VILETTA PUBLIX - Boca Raton, Florida CLIENT: Halvorsen Holdings SCOPE OF SERVICES: AGT was responsible for landscape architectural, hardscape and irrig tlon plans for this new Publix, the most expensive ever developed, In the Boca aton Community Redevelopment District in downtown Boca Raton. COMMERCIAL (CONTINUED) PROJECT: MBNA - Boca Raton, Florida CLIENT: MBNA SCOPEOFSERVICES: AGT was responsible for landscape architectural and irrigation plans r phases 1 and 2 of this 300,000 sq. ft. regional headquarters. Phase 3 IS to inc ude an additional 900,000 sq. ft. of office spaxce and parking decks on 54 acres. ENVIRONMENTAL PROJECT: YAMATO PLAZA DRI - Boca Raton, Florida CLIENT: Arvida/JMB Partners SCOPE OF SERVICES: AGT provided environmental assessment services and landscape ar hitectural services for the DRI of a proposed retail plaza. PROJECT: BLUE LAKE DRI - Boca Raton, Florida CLIENT: Blue Lake Limited SCOPE OF SERVICES: AGT provided environmental assessment services and landscape ar, hitectural services for the DRI and City approval for the 545 acre IBM site in Boca Raton. The Light Industrial Research Park development program consists of 7.5 million sq. ft. of development. PROJECT: ARVIDA PARK OF COMMERCE - Boca Raton, Florida CLIENT: Tishman Speyer Properties SCOPE OF SERVICES; AGT is providing on gong environmental consulting services for a I rge light industrial research park. PROJECT: BROKEN SOUND PLAZA - Boca Raton, Florida CLIENT: Arvida Commercial Division SCOPE OF SERVICES: Environmental assessment and landscape architectural services for two 10 acre commercial nodes in the Broken Sound Country Club P.U.D. PUBLIC PROJECT: PINE ISLAND & TERRAMAR PARKS - Parkland, Florida CLIENT: City of Parkland SCOPE OF SERVICES: Developed Master Plan for the City of Parkland's park system. 48arramar Plans for over 100 acres of park facilities were completed, Including Pine Island Parks . PROJECT: JAMES A. RUTHERFORD PARK AT LAKE WYMAN - Boca ton, Florida CLIENT: City of Boca Raton SCOPE OF SERVICES Complete professional services for the development of a 60 acre wat rfront park. AGT was prime consultant for phased design, environmental permitting a id implementation of the park. Completed Construction includes a boardwalk, picnic sh alters. playground, mangrove mitigation areas, restroom facilities, native landscaping, raphics, parking, canoe trails and canoe storage building. Future phase will i clude additional boardwalks, picnic area and a new City boating facility. PROJECT: ATLANTIC AVENUE GATEWAY PARKS - Delray Beach, Fic rlda CLIENT: City of Delray Beach, Florida SCOPE OF SERVICES: Landscape architectural services with a color rendering for presen ation as well as grant application preparation. Grant was approved and project is cl rrently in bidding process. PROJECT: WEST PALM BEACH POLICE ADMINISTRATION - West Pal Beach, Florida CLIENT: City of West Palm Beach SCOPE OF SERVICES: AGT is providing complete landscape architectural services for th new $14 million police facility located downtown. 9 '�.Z�9 PROJECT: MILLER PARKICURRIE COMMONS PARK - Delray Beach, lorlda CLIENT: City of Delray Beach SCOPE OF SERVICES: Recreational planning and landscape architectural design for litt league baseball fields, a major league baseball field and multi -purpose athletic olds and related facilities. r PROJECT: OLD SCHOOL SQUARE - Delray Beach, Florida CLIENT: City of Delray Beach SCOPE OFSEF*ACES: AGT is the landscape architectural consultant for the redevelop nt of the Delray Beach Elementary School Into the City's new cultural center. I PROJECT: DOWNTOWN BEAUTIFICATION PLAN - Boca Raton, Florida CLIENT: Boca Raton Community Redevelopment Agency SCOPE OF SERVICES: AUT was part of the design team which created the Beautification P! 0 for a revitalized Boca Raton. PROJECT: YAMATO ROAD BEAUTIFICATION - Boca Raton, Florida CLIENT: City of Boca Raton SCOPE OF SERVICES: AGT provided landscape architectural services for the median beaut ication of Yamato Road. The exclusive use of native plant material and preservation f a portion of the Yamato Scrub is unique to the city. PROJECT: RED REEF PARK - Boca Raton, Florida CLIENT: City of Boca Baton SCOPE OF SERVICES: Recreational planning and landscape architectural design for comply on of an ocean to intracoastal park site. Facilities Include an executive golf course dung boardwalk system, nature center, waterfront plaza, and related facilities. PROJECT: BOCA RATON MUNICIPAL. COMPLEX - Boca Raton, Florida CLIENT: City of Boca Raton SCOPE OF SERVICES: AGT provided complete landscape and irrigation design for this new 33 million municipal complex. PROJECT: BOCA RATON RAILROAD DEPOT - Boca Raton, Florida CLIENT- Boca Raton Historical Society SCOPE V. 'gVIC,ES: AGT served as the site planner and landscape architect for the rend ation of the Boca Ratan Train Depot Into a multi -purpose community facility. PROJECT: MARGATE SPORTS COMPLEX - Margate, Florida CLIENT: City of Margate SCOPE OF SERVICES: Recreational planning and landscape architectural design for baseball/softball fields and multi -purpose athletic fields and related facilities. PROJECT: SANBORN SQUARE - Boca Raton, Florida CLIENT: Boca Raton Community Redevelopment Agency SCOPE OF SERVICES: AGT provided landscape architectural services for the ASLA award vinning urban park located downtown. The park includes formal landscaping, fountain , a pavillion and sculpture. PROJECT: CITY OF HOLLYWOOD SAFE NEIGHBORHOOD PROGRAM - i1ollywood, (•loridi CLIENT: City of Hollywood SCOPE OF SERVICES. AGT provided conceptual design solutions for street closures a part of a safe neighborhood program being implemented by the City. PROJECT: PERCY T. BERGERON PARK - Davie, Florida CLIENT: Bergeron Development & City of Hollywood SCOPE OF SERVICES: Master planning of passive recreational park with eque- 9t_icoa 40 PUBLIC (CONTINUED) PROJECT: WESTERN COMMUNITIES DISTRICT PARK "A" CLIENT: Palm Beach County SCOPE OF SERVICES: Master planning and design services for a 75 acre County park. Sery ces include master planning, landscape and irrigatlon,athletic field design and wetiand mi igation. PROJECT: SINGING PINES - Boca Raton, Florida CLIENT: Boca Raton Children's Museum SCOPE OF SERVICES: Master planning and landscape plan for the grounds of a c ildren's museum incorporating special use activity areas. PROJECT: BANKER'S ROW PRESERVATION AND RESTORATION PROJECT CLIENT: City of Delray Beach SCOPE OF SERVICES: Master planning and landscape architectural design for an adaptive re se of a one block Historical District to serve as a prototype for other blocks. PROJECT: DELRAY BEACH TENNIS CENTER CLIENT: City of Delray Beach SCOPEOFSERVICES: Site planning for 8,000 seat stadium, landscape architecture and tennis court specifications for the home of the Virginia Slims of Florida Tennis Tournament PROJECT: SWINTON AVENUE BEAUTIFICATION AND DRAINAGE IMPRO EMENTS CLIENT: City of Delray reach SCOPE OF SERVICES: Landscape beautification and drainage improvements for 3 miles of adway In historic Delray Beach, Fl- RESIDENTIAL PROJECT: THE PRESERVE (1960 YAMATO RD) - Boca Raton, Florida CLIENT: Toll Brothers, Inc. SCOPE OF SERVICES: AGT provided environmental and landscape architectural services for this 104 unit luxury home PUD. PROJECT: PRESIDENTIAL PLACE - Boca Raton, Florida CLIENT: Presidential Place SCOPE OF SERVICES: Complete landscape architectural design services and environm Mal assessment services for a luxury oceanfront condominium adjacent to the Boca Rat n Beach Club. PROJECT: THE ARAGON - Boca Raton, Florida CLIENT: 2500 Development Inc. SCOPE OF SERVICES: Complete landscape architectural design services for the last remaining luxury oceanfront condominium properly in Boca Raton. PROJECT; PHIPPS ESTATES - Palm Beach, Florida CLIENT: Addison Development SCOPE OF SERVICES: Complete landscape architecture services for 22 luxury estates in Pal Beach. PROJECT: LURE WOODS - Lake Lure, North Carolina CLIENT: The Camp Ltd. SCOPE OF SERVICES: AGT provided complete master planning for a 200 acre second home lake front community. PROJECT: ANDOVER - Delray Beath, Florida CLIENT: Andover Development Corporation SCOPE OF SERVICES: Complete site planning, design of entrance features, recreational faci ities and Initiation of native tree relocation program for a single family residential com unity. RESIDENTIAL (CONTINUED) PROJECT: WORTHINGTON - Palm Reach County CLIENT: The Wilson Company SCOPE OF SERVICES: ACTT is providing complete landscape architectural services for this kpartment complex In Palm Beach County. PROJECT: TANGLEWOOD AT BROKEN SOUND COUNTRY CLUB - Boca Raton, Florida CLIENT: Arvida Community Builders SOOPEOFSERVICES: Landscape architectural design for street buffers and entrance w s for a high -end single family residential community. PROJECT: BROKEN SOUND COUNTRY CLUB - Boca Raton, Florida CLIENT: Arvida Community Builders SCOPE OF SERVICES: Provide landscape architectural services and irrigation plans for c mmon areas and streetscapes for a residential P.U.D. PROJECT: THE POLO CLUB OF BOCA RATON - Boca Raton, Florida FRENCHMAN'S CREEK - Palm Beach Gardens, Florida BALLEN ISLES - Palm Beach Gardens, Florida CLIENT: Monogram Building & Design SCOPE OF SERVICES, AGT has provided complete hardscape and landscape architectura designs for over 100 award winning custom built single family courtyard homes. PROJECT: ADMIRAL'S COVE - Jupiter, Florida I CLIENT: Gozzo Estate Homes SCOPE OF SERVICES: Complete hardscape and landscape architectural designs for an exc live single family residential community. PROJECT: FIRESTONE RESIDENCE - Grand Prix Farms, Wellington, Florida CLIENT: Mr. and Mrs. Firestone SCOPE OF SERVICES: Site planning and landscape architectural design on a 300 acre residential parcel, Including a 16,000 sq. ft. house and a 35,000 sq. ft. barn, riding ring kk and paddocks. PROJECT: YOUNG RESIDENCE - Town of Gulfstream, Florida f CLIENT: Mr. and Mrs. Young SCOPE OF SERVICES: AGT is providing the site planning and landscape architectural dealt ns for a one acre oceanfront residence. PROJECT: McGRAW RESIDENCE - Town of Gulfstream, Florida CLIENT: Mr. and Mrs. McGraw SCOPE OF SERVICES: Site planning, landscape architectural designs, dune mitigation a d tree relocation plans for a two acre oceanfront residence. PROJECT: FROMMER RESIDENCE - Frenchman's Creek, Palm Beach Gardens, Florida CLIENT: Mr. and Mrs. Frommer SCOPE OF SERVICES AGT provided complete hardscape and landscape architectural sen1ces for this ASLA award winning exclusive single family residence. PROJECT: CRAWFORD RESIDENCE - The Polo Club of Boca Raton, Eloca Raton, Florl CLIENT: Mr. and Mrs. Crawford SCOPE OF SERVICES: AGT provided complete hardscape and landscape architectural services for this ASLA award winning single family residence. PROJECT: ADDISON ESTATES - Boca Raton, Florida CLIENT: Addison Development SCOPE OF SERVICES: Complete landscape architecture services for common areas and 1 luxury homes in Mizner Village at Boca Raton Resort and Club_ Dec WALLAcE RoaElTs d• TODD John L Fernsler, AIA Partner, President WRT, fric- fuchitee, Urban Designer/Planner Mr. Fernsler is an urban plannar and urban designer with some 20 years of experience in a broad range of community planning efforts for major cities such as Miami, expanding metropolitan areas such as Orlando and Baltimore County: and environmentally sensitwe areas such as the Florida Keys and Hilton tread Island, SC. In addition, Mr Fernsler has created strategies for urban revitalization, neighborhood stabilization and for the creation of park and open space systems on rapidly, developing areas. Mi. Fernster is particularly adept at balancing and creating consensus among competing interests and in communicating difficult planning concepts to diverse audiences. UWCATION Master of City Planning, Universiryof Pennsylvania, 197S Master of Architecture, UniversiryoFPennsytvania 197S Bachelor of Architecture, rularle University, 1973 PMWESSIOPSAL EXPERIENCE Partner, Wallace Roberts b Todd. 19e9-present President, WRT Inc., Coral Gables. FL 1982-present Senior Associate, Wallace Roberts & Todd. 1981-1999 office Director. Coral Gables office, 1078-present Architect/Urban Designer, Wallace Roberts A Todd. 1975.1978 Urban DwignerlPlanner, Wallace M[Harg, Roberts A Todd. 1975.1978 Campus Planner, Temple University, 1974 PROFESSIONAL MEMURSHIPSMEG ISTIIATWXS Architect in Florida American institute of Architects American Planning Association Florida Downtown Development Association HONORS AND AWARDS vice President. Habitat for Humanity of Greater Miami Inc., 1989- 1996 Grand Prize. University of Miami Campus Master Plan, International Competition 1986 ►UBLWATIONSJLEtTIRES PI. Lauderdale Beach Redevelopment", Urban Land Insthute National Conference, 1939 -Creating Downtown Civic Spaces", Florida Downtown Development Association Annual Conference. 1987 "The Urban Design Process-, Suneoast Section, American Planning Association Conference, 1986 -urban Design Practice". Ofeward Section, American Planning Aswialion, 1986 'Pedestrianizing Rlonda-s Downtowns'. Florida Institute of Traffic Engineers Annual Conference, June 1984 REPPFUWATIVR PROJECTS Park West Nwre-Town•In-Town Redwolopmard Plan, Miami, FL The Park West New-Town-ln-Town was planned as a new reselential cornmunhy located adjacent to the Miami Central Business District The redevelopment project is replacing an obsolete warehouse district with a new community of approaimatety 3600 new housing units. Begun in 1923. the protect is the Wgest Community Redevelopment Planning Project In the State of Florida. The initial phases Of the project has been completed with approximately 500 apartment and condominium units constructed Mr. Fernsler was Partner -In -Charge Inn this project. Nttterk Mlarnl Roach Riedwelopment Platt, ,ATami Beach FL Mr. Fernsler was P(*ct Director for the redevelopment ptan for the historic urban village surrounding the Miami Beach Convention Center. The plan targeted substantial public -private investments including a new convention headquarters hotel as well as a redeveloped Lincoln Road Mall and a network of streetscape improvements and amenities. Currently, Mr. Fernsler is preparing new architectural standards and development regulations appkcable to the redevelopment area. Plait for Metropotkan Areas of PI1nelns, Panama City and Colon, Panama. C.A. Mr. Fernsler is Partner -in -Charge o1 the firm's efforts to plan the long range future of the Metropolitan areas of Panama City and Colon as part of a multinational effort funded by the International Development Bank. Dowrtbwn Panaatele Wateefroetr Pensacola, FL Mr. Fernsler was Lead Planner for a uniWe publk-private venture to transform underutilized properties along a several mile stretch of the downtown Pensacola waterfront. The project plan cats for a network of urban waterfront parks, promenades, marina and related commercial redevelopment of uplands for hotel• aom"idail and residential uses. Jupiter " US 169hri ey One / btteacwst+el WE*-WOy Carsidw 9tud11, Jupiter, FL WRT was retained by the Town of Jupiter to prepare on urban design mailer plan and development guidelines for the U.S Highway One - Intracoastal waterway Corridor extending from the jupiter Inlet to the southern Town limits. Key policy guidelines address appropriate land use policy, enhanced public waterfront access and a Florida DOT proposal to 6-jarie U.5. Highway One, the town's last remaining scenic corridor. Mr. Fernsler was - Partner-kt-Charge for this project. fort Lauderdale Arts & Selettew District, Ft. Lauderdale, FL Mr. Fernsler was Project Director for the master plemkV of pine of the most unique arts and science districts in the Seulheast U.S.. comprising a Center for the Perrorming Airs. Discovery Cantor Scleme Museum and planned New Work Aquarium. located on the New River wareefrort, the district acts as the terminus of the downtown Aiverwalk and focuses on the 2-acre Wanade Park and waterfront plaza and amphitheater designed by WRT. Mr. Fernsler managed all planning and design including preparation of feasibility analyses and grant applications which secured funding for this project. Total investment to date h in excess of $too million. P.,artaRona Waterfront Cartagena, Colombia WRT participated as urban designer as part of a multinational consortium to upgrade and revitalize one of South America's mast historic and culturally rich Cities. Undit Mr. Fernsler3 direction. WRT conceived kind usa and urban design plans for several miles of rcclairned waterfront near the urban core of the City. 98-1 29 Dec Orlando Urliean Danign Plats, Orlando, fL ohersive Plan and Following the adoption of the Cltywtde Cm Opr Downtown Plan, both prepared by WRT, the firm was retained to diagnose development issues which threaten quality of life in neighborhoods throughout the City Mr, Fernsler was the Project Duedrrr liar this assignment. Miami Co if,rehensive Nolylrbsrheod Davelapment Nan, Mj 4. FL The Miami Comprehensive Plan was the first Community Comprehensive Plan prepared in accordance with the State of Florida's Comprehensive Planning Law. The plan focused on development of specific plans for the six major "neighborhoods - within the City. The plan incorporated recommendations for land use, parks, recreation and open space capital improvements and human services Also included, was a community design element which provided recommendation nor strcngthering the unique character and identity of each neighborhood Sawtrelk Plana and pavilion, lacksonvi k Brach FL Following his preparation of the downtown redevelopment plan for this natheast Florida community, Mr. Fernsler participated as Partner -in -Charge of the design of a oWa. open air amphitheater and oceanfront promenade 10 as as the focus and catalyst for downtown rejuvenation. Matster Plan for the Uniltied States Capital, Washington. bC Mr. Fernsler was the project urban designer on the team to prepare the Master Plan for the U.S. Capitol rxluded were all lands and facilities under the jurisdiction of the Architect of the Capitol - the Capitol Bolding, mouse and Senate office Buildings. the Library of Congress and the Supreme Court. The Master Plan focused on identifying an `environmental capacl%- for future develaprrxnt in the vicinity of the Capital which would balance the potential need fa future exoartsion with the concerns for preservation of the historic fabric of the (-'Enfant and McMibn Plans lot Capitol Hill The Master flan was the winner of an honor award from the Amerlran Institute of Architects, Master Plan for Mallitort Novae ItAMpletq Mayporr, FL Mr. Fernsler was Partner -in -Charge ul the assignment to update the Master Plan for the Naval complex. The firm's wok foctssed on a thorough investigation of existing development, committed projects and development conuraints including airfield constraints. EMR and ESOD limitations on future development to determine additional development capacity at the Complek. Alternative concept plans were prepared separately fa the Naval Air Facility and Naval station and combined to produce the final Master Plan A major conclusion of the plan was that acquisition of additional land would not be required to meet mission dequirements. Masser Plan for the U.S. Giuvwntirwrrt twntar, US, Viirgirl +slandS The Government of the U.S. Virgin Wands selected WAT to develop a Master Plan for consolidation of over sixty agencies of the Executive Brand of the government WRT conducted detailed surveys of current and future agency needs, developed architectural space programs, and evaluated alternative sites for new centers on St, Thomas and St. Cron. The Master Plan included site plans, design guidelines. assessments of community impacts, costs amimate, financing alternatives, phasing plans and recommendations for the next steps needed to carry out the plants for each new center. Subsequent to preparation of the Master Plan. WAT provided architectural services for a development team competing to construct the Government Center Building. Wnaefrant Clvk Conlon, Sarasota, fY Mr Formic, led the effort to master pbn the downtown civic waterfront of Sarasota to mcommodate virtually all the community's particeming arts related civic activities. The Plan was followed by construction documents for first phase development of park improvements, circulation. parking and landscaping Estero Con Ar.a Master Meat, Fstero Island (Ft. Mywx), FL Mr Ferraler was Pa,tnet-in-Charge of Planning and urban design to revitaltution activities along the 7 mile long Estero island (Fort WALLACB Roams d. ToDD Myers Beach) under contract with the lee County Communty Redevelopment Agency. This comprehensive project indudes design and development gulifefines for new and rehabilitated structures as welt as the design of new pulls space and amenities Flerldo Inilornatlonal Unirarsity Masts'Plan, Miami. FL Mr Fernsler led the effort to prepare a master plan for FIU. fbrida's fastest growing major university. The plan, covering both campuses, emphasizes detailed space needs programnvng, and carefully siting new buildings to conserve the dwindling supply of buildable tared. The plan shdts the structure of the campus, removes virtually all pedestrian•vehkular conflicts and calls for the staged development on existing parking lots. to be replaced by a sequence of closed -in parking garages. Dawntown itolljreaood Cenwilierctal Re toratlon D"Wrt duWalieaa, lfaAyvvood FL Mr Feftisbf par*[Wed as Partner -in -Charge of the preparation of design guidelines for downtown Hollywood, Florida. #tontwa Ceutely Comprshensl" Plant, Florida Keys The plan for Monroe County, was one of the largest comprehensive planning efforts uWartakm under Florida's Growth Management paws and one of the first to Ix based on principles of carrying capacity. The plan is recognized lot its innovative solutions to severe conflicts between the area s sensitive ecosystems, the colts eftec&e provision of public service and developmerit expectations among property owners. Mr Ferrssler participated as Project Director for the preparation of the plan. satabol Conspwhassslw Flats, Sanibel Leland, FL Mr. Fernsler load the effort 10 create a new "vision" lot Sanibel Island. updating the landmark WIS plan prepared by WRT One of Florida's landmark environmental attractions, the Sanibel Plan focuses attention on strategies to retain the area's Scenic resources and telexed quality of life. aersn D. MaaArthw Streets Parkr Palm Beach, Ft Mr. Fernsler was responsible for master plattrring and design of ono of Florida's lugast urban waterfront state paAs. Comprising Soo act*% and some ten miles of watnfront, the projttct incorporates extensive pedestrian inietpietive malls, a boardwalk system lot pedestrians, trans and related visits teceptinn areas and waterfront access improvements. Rollins Citrlltt,)N Carttillew Mart, Winter Park, FL Rthvt Fernsler was Project Director and principal author of the new master plan for Rollins College, one of Florida's most respected small Wwal arts colleges. The master plan provides detailed site planning and design guidelines to new development to enhance the lush, Intimate campus sitting. Cramaric new iMtiatives called for m the plan i(KlW* the complete removal of the automobile from the pedestrian core of the campus and godelines for teirwerrting on -campus housing. In addition, WRT prepared detailed site plans for a short range planned student union and illustrative design plans to aid in a fundraising campaign Uohmirsity of north Carelksa.Uhavhile, Asheville, NC John Fernsler was Partner -in -Charge for the effort to prepare a new nester plan for into Asheville campus of the unrversdy of North Carolina. The master plan will seek to fulfill the aspiration of the University to become competitive with smaller, hOiy competitive private ttbedal arts colleges in dedication to a personalised approach to education on a small friendly campus Hilton Read Island Comnnrnity Plan, Hrhon Mead Island. 5C Mr Fernsler is leading the firm's efforts to prepare a master plan for the famed residential - resort community of Hilton Head Island. The plan will balance the need for community enhancement and economic development to benefit native islanders, while limiting growth consistent with the island carrying capacity. CURRICULUM VITAE Miles Elliott Moss, P.E. 98-1.h:29 MILES E. MOSS, P.E. PRESIDENT MILES MOSS & ASSOCIATES, INC. June 1983 - Present: Responsible for analysis of pedestrian and vehicular accidents and evaluation of the contributing causes of the accident in relation to analyzing driver strategies and tactics, highway engineering and traffic engineering factors. Responsible for coordination of all traffic engineering studies, traffic impact studies, capacity and traffic signal engineering standards and practices, relating to such deficiencies. Education: Master of Science, Civil Engineering, University of Miami, majoring in Traffic Engineering, 1978. Bachelor of Science, Engineering, University of South Carolina, 1970. Specialized training in Traffic Accident Reconstruction, Traffic Institute, Northwestern University. Accident Data and Location Analysis Programs, Bureau of Highway Safety, Tallahassee, Florida. Traffic Engineering and Safety Seminar, University of Washington. Management of Traffic Controls, U.S. Department of Transportation, University of Miami. Highway Capacity Manual Workshop, University of Miami. Traffic Engineering, Georgia Institute of Technology. Professional Experience: Twenty-one years of professional experience on a management and supervisory level in traffic engineering, conducting traffic operations studies. Acting safety engineer with Dade County Traffic Engineering. Responsible for coordinating solutions to traffic operations and safety problems. Served as project director for Urban Pedestrian. Safety demonstration project (National Highway Transportation Safety Administration Funded). Served as Expert Witness identifying traffic engineering standards deficiencies. Participated with University of Miami Multidisciplinary Accident Analysis Team. Registered Professional Engineer, State of Florida. Full Accreditation as a Traffic Accident Reconstruct ionist, The Accreditation Commission For Traffic Accident Reconstruction Member of the Florida and National Institute of Transportation Engineers, the Florida Engineering Society, the National Academy of Forensic Engineers, and the International Association of Accident Reconstruction Specialists. Awards received from Dade County Citizens' Safety County. Outstanding Citizen of the Year for Research in Safety. Served as Chairman, Committee 4A-6, Institute of Transportation Engineers, Traffic Control Devices for Elderly and Handicapped Pedestrians. s8-1229 November 1981 to June 1983: Mid South Engineering Company: Vice President Traffic Engineering. Responsible for coordination of all traffic engineering studies. Traffic Operations Engineer: Coordination of traffic operations studies, signal studies, traffic impact studies, and parking studies. Served as expert witness to review traffic operations deficiencies and identify improvements required. 1970 to 1981: Metropolitan Dade County, Department of Traffic and Transportation. Supervision of Surveys and Services Units, and the Safety Projects Units. Supervision of Urban Pedestrian Safety Demonstration Project, N.H.T.S.A., contract to implement counter measures to reduce pedestrian accidents and test their effectiveness. Official representative of the Department of Traffic and Transportation on the University of Miami Multidisciplinary Accident Analysis Team, which specializes in traffic accident reconstruction. Reviewed the impact of major developments proposed in Dade County. In reviewing the extent, location and type of planned developments, developed and expertise in being able to accurately analyze and project distributed future traffic volumes. Actual tests indicated that many of these projections were within 516 of actual traffic generated. Areas of specialization and direct responsibilities included supervision of the school routes to each of the 170 elementary schools in Dade County. This included coordination with all school principals, PTA groups and parents. Supervised the traffic interruption unit which reviews construction plans by private developers, contractors, or public utilities and determined appropriate detours and safety devices and warning signs required. s8-I;1229 J f • yt Ot 01 _ Chat the l8narb of Trustees hu Uirtue of authnritu besteb in them bu the Mate of Scuth Carnlina upon rernnlmenbeltiDn of the Jarultu of the TTnllpgp Df TiEughippring haUe ronferrea upon 4T[ilP5 7'-11ia## 4, the begee of T-garhAm of Sripmp in is tigizurrhig tDgrther With Al the rights, honors, priijileges. anb re5ponsibilitirs to that be8ree i1ppertaininq. Oriben of LDlumbia,-SiDuth Tarolina this 31st bak of Januaru in the near •Df (Our Karl b one thousanb nine hunbreb anb se>sentu anb of the (.Inibersitu the one hunbreb anb sixtu-fifth. c f 8 C, 1� .r- I t A an the rec•atrtrrt.enjbzxtiaa-t of tl-re 03rubunfe Anculflz ktuo rarn.E rr rb on • Al"Irli Tiftfatt Mos's thr lYvgrrr .af Ivith aU xhr rights, hattar-,- miff pzri.�ithrreunta uprr�uinixt . On Initnroo .uhrrraf, rite r val of tjr�• titi rr i� � ttlTt�" .�hr �L�lttt�'Ltrr� arF the rr irarn� uit the Bruit urr hrrrunto u.�.Fixre . Claz�rxt ecrittGE•r 13, i J 78 �rti �NtvEg4��,r , a � o 33rccn N 30 (.4,47r� n �C. 1►� t.v • 1 1,10riba 33ep.artment of Aprofcooional 3 eplatio 39oarb of Profess -tonal �ngi'neers Whereas -W&A 6ff�A MQM has shown competency and fctn6� to practice Professional Engineering and has complied with all requirements of the Board of Engineers; therefore by virtue of the powers vested in said Board by the Statepf Florida, the Florida State Board of Engineers hereby iskues this Certificate to practice Professional Engineering in the State of Florida as provided by the laws -of the State and subject to the powers of revocation as v Vice Chairman of Governor 'in said Board. Board IF, "Mrfl _2=7 _ License Number FLORIDA STATE BOARD of PROFESSIONAL ENGINEERS CERTIFICATE No. EB-0006283 CERTIFICATE OF AUTHORIZATION PERMITTING INDIVIDUAL REGISTERED PROFESSIONAL ENGINEERS TO OFFER PROFESSIONAL SERVICES TO THE PUBLIC THROUGH A CORPORATION, PARTNERSHIP FICTITIOUS NAME OR ASSOCIATION. WHEREAS MILES MOSS & ASSOCIATES, INC. HAS MET THE REQUIREMENT OF CHAPTER 471.023, FLORIDA STATUTES, FLORIDA STATE BOARD OF PROFESSIONAL ENGINEERS AUTHORIZES THE SAID CORPORATION TO OFFER TO THE PUBLIC PROFESSIONAL ENGINEERING SERVICES OF THE FOLLOWING LISTED INDIVIDUALS: MILE E. MOSS #PE0027627 IN TESTIMONY WHEREOF, WITNESS THE SIGNATURE OF THE EXECUTIVE DIRECTOR UNDER SEAL OF THE BOARD THIS 3rd DAY OF June 1992 .Executive,�4rector 9 s - J-121049 AC# 4293485 STATE OF FLORIDA Department of Business and Professional Regulation BOARD OF PROFESSIONAL ENGINEERS ri---------------- - - -0027627 Named�iAA[ESSItONNALEE ENGINEER Under the proriaito� of Chjjpier S'4 7 I FS. Expiration date: F E B 2 8. 19 9 9 CMOSS MILES ELLIOTT 12400ILIEJS84THSST ASSOCIATES MIAMI fl 33183-4320 LAWTON CHILES GOVERNOR Nx a10 DISPLAY AS REQUIRED BY LAW RICHARD T. FARRELL SECRETARY i The Accre: don Commission for Traffic Accident R astruction In recognition of demonstrated academic achievement, completion of accident specific training, applied experience in the field, and in view of the successful completion of the ACTAR Full Accreditation Written and Practical Examination, the ACTAR Governing Board of Directors hereby awards the level of Sul! Accreditation as a Traffic accident Reconstructionist to Miles E. Moss Issued this 17th day of --Api 1994 . Claw. ALTAR k;211 ♦' f - /�'. `3�F3A�. VLF. Q'lar. ACT Exaration date April 16. 1999 i y _ _ Registration number. 562 98-1229 Institute of Transportation Engineers C� This is to certify that Miles E. Moss, P. E. is a Fellow of the Institute and is fully entitled to all privileges granted in its Constitution May 17, 1991 PUA�-" 2 / In ernational President c MALES MOSS HAVING SUCCESSFULLY FULFILLED ALL OF THE NECESSARY REQUIREMENTS IS HEREBY GRANTED ACTIVF, MEMBERSHIP IN THE INTERNATIONAL ASSOCIATION OF ACCIDENT RECONSTRUCTION SPECIALISTS President ' 1994 Secretary Date This membership certificate is valid only when member can produce a valid membership card. National Academy of Forensic Engineers National Chartered Affinity Group of the National Society of Professional Engineers Academy Please reply to: ❑ Of Forensic Engineers Executive Board February 12, 1986 PRESIDENT H. Murray Hohns, P.E 3043 Foothill Blvd. La Crascenta, California 91214 (818) 240.2523 PRESIDENT-ELECT Herbert Egeror, P.E. Mlles E. Moss , P . E . P.O. Box 37980 12900 S. W. 84 Street Omaha, Nebraska 68137 (402) 333-2S90 Miami, FL 33183 SENIOR VICE-PRESIDENT Joseph S. Ward, P.E. L.S. Dear Fellow Forensic Engineer: P.O. Box 1234 Montclair, Now Jersey 07042 (201) 7444020 I am pleased to inform you that the VICE -PRESIDE"' membership committee of the National Academy of Loyal W. Murphy, III, P.E. 550 Poplar, Suite 1214 Forensic Engineers has acted favorably on your Memphis. Tennessee 381S7 (901) 767-4701 application and admitted you to the Academy in the grade of Member Your identifying TREASURER Theodora D. Dziurman, P.E membership number will be 195 , and we request 34400 Gir dale Livonia, Michigan 48150 you make reference to same in transmittals and (313) 52S-0310 correspondence to the Academy. L SECRETARY (founding President) Marvin M. Specter, P.E, L.S. 174 Brady Avenue Those of us involved in the formation Hawthorne, New York 10532 of the NAFE continue to be impressed with the (914) 747.1123 competence and experience of the candidates for `; IMMED. PAST PRESIDENT William A. Cox, Jr., P.E membership. We are pleased to include you in the P.rginie es31 ViBeach, Virginia 234s1 rg and look forward to our artici ation. Academy Y participation. (804) 428-2413 C PAST PRESIDENT Very truly, Paul E Pritzker, P.E 3S Hamm Street Quincy, Massachusetts 02169 (617) 471-8282 M. M. Specter, P.E., L.S. Secretary (Founding President) Please make prompt payment of the attached bill- ing to validate your membership. ❑ 142o KING ST., ALEXANDRIA, VA. 22314 Institute of Transportation Engineers CA G� Expert Witness Council This is to certify that Miles E. Moss, P. E. is a Member of the Institute's Expert Witness Council and is fully entitled to all privileges granted in its Charter and Bylaws June 13, 1991 Chairperson of the Expert Witness Council Institute of Transportation Engineers Consultants Council C� • wz This is to certify that Miles Moss & Associates, Inc. is a Member of the Institute's Consultants Council and is fully entitled to all privileges granted in its Charter and Bylaws June 14, 1991 aV102' D. K«.� Chairperson of the Consultants Council ,Jlllit4� X.�[ltloss art f essto�tal fn�iae¢� SECRETARY PRESIDENT STATE or FLORIDA I fVA IN COOPEIIATION WITH THE INSTITUT OF TRAFFIC ENGINI!,ERS HEREBY AWARDS THIS CERTIFICATE TO MILFs L. M0� S IN RECOGNITION OF THE SATISFACTORY COMPLETION OF TILE COURSE OF INSTRUCTION AT THE (�'I.�raffi.r 17-tlgiitrprittg §�ttfrti 1'illltltll' ��11t� �E'.Ci�titlttlltTi NOVEMBER 13-16t 1972 TAMPA; FLORIDA ►IORIVA 01PAR1Mt"t Of 11tA1dSPOl1A11ON rRtSlot►►r - �----- IlC►RIb� sEC r kn► IPM11111f ►%r IRAftIC FP1r1.MFF*t PROGRAM CH ► AA►4 It The, Traf f ic Institute NORTHWESTERN UNIVERSITY This is to certify that MILES E. Moss has successfully completed the course TRAFFIC ACCIDENT RECONSTRUCTION Evanston, Illinois September 13-24, 1982 )!K?Vr n(A:Inc, C VTT T) V 0 V wT CIVIL ENGINEERING SCHOOL OF ENGINEERING AND ENVIRONMENTAL DESIGN P.O. BOX 248294 Mr. Eugene Simm Director, Dept. Koger Center Miami, Florida Dear Mr. Simm: UNIVERSITY OF KIA i CORAL GABLES, FLORIDA 33124 of Traffic & Transportation May 14, 1979 Recently Mr. Miles Moss presented, for our CEN 590 (Traffic Engineering) class, a series of -guest lecturer presentations dealing with various aspects of traffic engineering operations. The presentations were well planned, professionally executed and enthusiastically received. It is a pleasure to know that people of the caliber of Mr. Moss are performing public service for citizens of Dade County and further, for our class to become aware of and share in the enthusiasm of Mr. Moss for the pro- fessional contributions being made by your agency. We thank you for your example and leadership which, we are certain, is mirrored by Mr. Moss and to express our recognition of his talents, professional attitude and capability. WJF:wjf Very truly yours, G William J. Fogarty, Ph.D. Prof. of Civil Engineering JUN 41979�' A private, independent, international university An equal opportunity/affirmative action employer 2+ CERTIFICATE The Faculty of the Traffic Engineering and Safety Seminar hereby certifies that has met all the iequvrements of these courses sponsored by the University o/ Washington Department of Civil Engineering June 5-9, 1978 Course Dates TESS VI - Capacity Course Tide `�hc (Picorr�a I tuZe of 'C'eehnolU�U This is to certify that MILES E. MOSS has successfully completed the SHORT COURSE IN TRAFFIC ENGINEERING conducted by the Department of Continuing Education, Engineering Extension Division Given at Atlanta, Georgia this S t day of MAY 19�Q � Director, Continuing Educstlon Director, Engineeri Extension Division President The 46. �epartment of Tran5portatton jeberal 30igbwap' z1bMiniqUation Rational joigbwav Institute Certitie!5 tbat: MILES ELLIOTT MOSS bag gatigfactori[p compitto 34bouro of training in: manaw,mr,nt of Us rttffir Tontrol Oystrms Office of Traffic Operations Federal Highway Administration March 3. 1978 C0 \ Date I Federal Highway Administrator Dir, ctor, National Highway Institute Conducted by " ArES Uv ' Pinnel l -Anderson -Wilshire and Associates, Inc. Coral GaKes Z Florida Place Course Direct r 000m 006 If l('4 W THIS CERTIFICATE HAS BEEN PRESENTED TO MILES ELLIOTT MOSS BY THE DIVISION OF CONTINUING EDUCATION Q010ursitA of qiami A private, independent, international u►iiversity in cooperation with DEPARTMENT OF CIVIL ENGINEERING FOR SATISFACTORY COMPLETION OF �� 111@11HAY CAPACITY MANUAL WORKSHOP 38urrau of i4ig4way 'ihfr#g 34tvriba lgrpartmrnt of Abministration 111his is to certify that MILES ELLIOTT MOSS has attended and successfully completed a Training Course on ACCIDENT DATA AND LOCATION ANALYSIS PROGRAMS Conducted in TA LLAHASSEE from DEC. 1 I, 1978 to DEC: 14,1978 G'� (1� L I FLORIDA DEPA T ENT OF ADMtNTSTRWnON t Qc) ORIDA DEPA TMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES FLORIDA PARTMEN OF TRANSPORTATIO A. NY �111 II. I _ 14J1 .I .! I„I I 1, I l._ �il..11� :! I I ,: Il•.II�. �Itilfl ,�Yli r. n I AAA I ( 1-4anvna Cl m G a ncaoem of Forensi, Engineer -•T T T ,r � 7 � � � _ .-«� 71 'il 111' Il"II C I1: '1 'II: {I I' 11 'll I II! II II. Ili I(, 1(!1( j1 !�,(''' tl III.:'ll"Ir Il I' :!It I1 1 11. 'II II I t I- II it I•<:� ma 67th Annual Wbw TRANSPORTATION ENGINEERING CONFERENCE March 27, 1985 r©1 SJlS7!>� �XL carsvatsesars Manhattan, Kansas Sponsored by KANSAS STATE UNIVERSITY KANSAS DEPARTMENT OF TRANSPORTATION KANSAS ASSOCIATION OF COUNTY ENGINEERS KANSAS INSTITUTE OF MUNICIPAL ENGTNEERiNG/APWA KANSAS ASSOCIATION FOR UNIFORM TRAFFIC CONTROL (KAUTC) ,- 41MON IV FORUM HAUL K-STATE UNION John Caahatt, PE, Preaktsnt, Kansan Asaocla*m of County Erphuen, pmldinp 3:15-4:00 - !� "Accident Reconstruction Mlles Moss, PE, President, Mlles Moss and As- [' soclatea, Traffic: Safety Consultants, Miami, Florida 4:00.4:30 "Engineering Uability" David G. Tittsworth, Chief Counsel Kansas Do• partment of Transportation. Topeka 6:30 ANNUAL DINNER--Holidome, 530 Richards Drive Bob L. Smith, PE, Conference Director, presid- ing Speaker Robert R. Snail, P.E., Department of Civil Engineering, Kansas State University 0l --.%, r 0 0�w .A NATIONAL ASSOCIATION OF TRAFFIC ACCIDENT RECONSTRUCTIONISTS AND INVESTIGATORS �l��♦`y A�SOp��;>° O ftco"Sly NEW JERSEY ASSOCIATION OF ACCIDENT RECONSTRUCTIONISTS MARYLAND ASSOCIATION OF TRAFFIC ACCIDENT INVESTIGATORS CERTIFICATE OF TRAINING This is to cer ity that Miles E.. M oss MAP ARS NATIONAL ASSOCIATION OF PROFESSIONAL ACCIDENT RECONSTRUCTION SPECIALISTS has successfully completed the course of instruction in Human Factors in Accident Reconstruction Conducted on October 5 - 7, 1995 in Lancaster, Pennsylvania Conducted by National Association of Traffic Accident Reconstructionists and Investigators, Inc. National Association of Professional Accident Reconstruction Specialists,. Inc. Maryland Association of Traffic Accident Investigators, Inc New Jersey Association of Accident Reconstructionists, Inc. Approved go 17.25 CEU's Albert T. Baxter President - N.A.T.A.R.I. R1 Mtn P. 440 I1 -' - 11 1 n MIAMI-DADE COUNTY, FLORIDA M IAM I-DADE 2190 ENVIRONMENTAL RESOURCES MANAGEMENT NATURAL RESOURCES DIVISION 33 S.W. 2nd AVENUE MIAMI, FLORIDA 33130-1540 (305)372-6789 FAX (305) 372-6630 December 4, 1998 Sarah Eaton Historian and Preservation Officer City of Miami 444 S.W, 2°d Ave., 3`d Floor Miami, FL. 33130 RE: Cloister on the Bay located at approximately 3463-3471 Main Highway. Coconut Grove. Miami, FL. Dear Ms. Eaton, This letter contains recommendations from the review of the plans for the above referenced site as requested by the City of Miami. On December 2, 1998, Matt King and I met on the site with a representative of the owner and reviewed the plans from A. Grant Thornbrough and Associates dated 10-1- 98. Although the City of Miami has jurisdiction regarding tree removal on this site. DERM will comment on this project with regards to the Miami -Dade Tree Preservation Ordinance, Chapter 24. 1. The entrance to the guardhouse area expands to two lanes, which impacts more of the hammock area to be restored. This should be evaluated to see if one lane would be sufficient to protect existing trees. If there is concern regarding traffic impacts to Main Highway, then placing the guardhouse further into the property should be explored. 2. The new location of the termis courts lessens the impacts to trees in this area 3. A detailed relocation plan stating root pruning, relocation techniques, irrigation and location where the trees will be relocated should be submitted for review prior to issuance of the tree removal permit. 4. The placement of the fence should be outside of the harrunock area if possible. If the fence needs to be installed in the hammock, the fence should be installed by hand to lessen impacts to the rock formation. 5. DERM has reviewed and approved the restoration plan. Any oaks relocated in the restoration area of the hammock should only be planted in area devoid of vegetation and where impacts to the substrate can be minimal. 6. Although the proposed development is removing 13 specimen trees, the plans show the preservation for 38 specimen trees. S8-iZ40 The approximate area of the hammock is 1.5 acres. This hammock is not a designated natural forest community due to its degraded condition of the hammock. Chapter 24 does not require management of natural forest communities, but would only allow 20 % of the site to be developed if it was designated. Since the site is not designated, the developer could clear everything with the exception of specimen trees (DBH 18"), but has agreed to restore and manage 1.03 acres which will prevent the hammock from degrading further and will enhance the restored hammock on the adjacent Barnacle property. DERM would be willing to provide oversight of the hammock restoration. 8. Chapter 18, which is the landscape Code of Miami -Dade County prohibits the planting of any controlled species since the site is located within 500 feet of native plants comminutes and that 30 % of the landscaping material needs to be native. The submitted plans have met these requirements. If you have any questions or would like additional information, please contact me at (305) 372-6586. Sincerely, Joy D. Klein Environmental Resource Program Supervisor Forest Resources Program Cc: Mark Mc Mahon -144,0 Exhibit Index Cloisters on the Bay Major Use Special Permit 3463-3571 Main Highway DERM 11/10/98 letter with attachments 2. DERM 12/4/98 letter 3. Site Plan 4. William Louis Stern 10/19/98 letter 5. Section 3 (mm) City Charter 6. Greenberg Traurig 5/11 /98 letter (Shoreline and City Charter) MMWARMAMoawift2oil.00c„=7M GREEPIBERG TRAURIG 98-1229 METROPOLITAN DADE CC JTY, FLORIDA METROflADE November 10, 1998 Ms. Gloria Velazquez, Esq. 1221 Brickell Avenue Miami, Florida 33131 RE: Barnacle Addition Dear Ms. Velazquez: BERM ENVIRONMENTAL RESOURCES MANAGEMENT 33 S.W. 2nd AVENUE WAMI, FLORIDA 33130-1540 (305) 372-6789 As you requested, this is to confirm that the attached site evaluation for the property known as the Barnacle Addition was performed by County staff for the Environmentally Endangered Lands Program in accordance with criteria established in Chapter 24A of the Code of Miami -Dade County. Site evaluations are used by the Land Acquisition Selection Committee as part of their process in inspecting and recommending proposed sites to the County Commission for acquisition. The biological units identified in the site evaluation report, units 1, 2, and 3, are clearly described in the biological evaluation section of the report. The report states that the hammock occurs in unit 1. However, the exact size of the hammock and the precise location of the hammock's boundaries are not defined by this report. The Board of County Commissioners placed the Barnacle Addition on EEL Program's Acquisition List in 1995. Please let me know if you need any additional information. Yours truly, Emilie M. Young, Director Environmentally Endangered Lands Program i PLANT CONE UNITY TYPES: Hammock/ Buffer Zone LOCATION: 3471 Main Highway PROPERT ;r SIZE: 6.2 Acres NATURAL AREA. SIZE: 1.5 Acres ST F 1DESCR7P`ITON The Barnacle Addition, located at 3d71 Main Highway, north of the Barnacle State Mstori.c site in a coastal residential community adjacent to the business district of Coconut Grove, contains approximately 1.5 acres of hammock and approximately 4.7 acres of mixed non-native (exotic) vegetation. The property is bordered, to the south and the east by state owned land (The Barnacle State Historic site and Biscayne Bay) and to the northeast by City of Miami property (Peacock Park). This parcel occurs on the Ivbami Rockridge, a topographical feature characterized by primarily rocky substrate, at an elevation between 2 and 3 feet above sea level. Presently, the limestone substrate (Miami oolite) on the eastern half of this site has been crumbled, probably as a result of post -hurricane clearing activities. However, there are intact pinnacle rock outcroppings in the western half of the site. For purposes of enalysis, the Barnacle Addition is divided into 3 units (see aerial photo). The hammock occurs in Unit 1. This is the area of highest biological quality on the property. Unit 2 is severely degraded and contains a high diversity of exotic vegetation_ Unit 3 has been mowed and is thus composed mostly of grass species. A more detailed biological assessment follows, and lists of possible plant and animal species to be found on the property are attached. UL ..NERADiL ' EVALUATION +CO1V REHENSTVE DEVELOPMENT MASTER PLAN It is located within the urban development boundary and is suitable for residential development. 2OMAG Single TamUy-General EXISTING DEVELOPMENT RESTRICTIONS: None EXISTING OR PENDING DEVELOPMENT ACTIONS: Several development projects have been proposed for the site. Development plans have recently been submitted to the City of Miami Department of Building and Zoning. Agreements berwee.l the state 9 n ��-1titi ki and local level governments identify provisions for public acquisition. A fair amount of activity exists with respect to the use of the property. LAND USE AND ZONING OF ADJACENT PROPERTY This parcel is bordered by publically owned land on three sides. The Barnacle State Mstoric site is directly south of this property. Biscayne Bay Aquatic Preserve borders the properly to the east. City of Mami's Peacock Park lies to the northeast. The property directly north of this parcel is owned by St, Stevc�ns Church and is zoned for general use. ACCESSil MITY The entrance to the property is along Main Mghway. A natural grade road, secured by a retain --link gate, provides the easiest access. One may also gain entry to the property by the water. OWNERSHM Howard Schmrlin� TR WL.NERABXLTi'Y The location of this site makes development the primary threat to the loss of the resources present there. It is highly vulnerable for this reason. However, this site is not highly environmentally sensitive due to its low biological quality. L 8- Z29 BTQL99 CAL EYALUAMN >ELORA: 75% of this property contains a contiguous tree canopy of native and exotic species. Severe impacts caused by long-term human disturbance and Hurricane Andrew has resulted in the degradation of the quality of the natural area. At least 27 native plant species occur on this site. Unit 1 The northwest 1.5 acres of the property supports a dominant native hardwood tree canopy typical of successional hammock There is a high concentration of mature pioneer trees such as, live oak (Duercus uirginiana) and gumbo limbo ( Bu sera simanfba), while other native hammock trees are present as seedlings or saplings. Although the hammock area has a fairly continuous tree canopy, the understory c:ontmas a low diversity of native hammock vegetation, and considerable exotic plant cover. Psychoiria nervosa (Wild Coffee) and Myrsine, floridana are the most commonly occurring native understory species found here. The hammock undertory has been severely impacted by Samsevaria hyacinthoi&s, .fasmimrm dicchotomum, Agave sisalana, and Broussoneda papyrifera saplings. However, the hammock substrate appears to be intact. Unit 2 This area has been severely degraded and has since been colonized by exotic tree species. Broussonetia papvrifera (Paper tree) and Akurnes moluccrna (Candlenut) dominate the canopy and understory. Native weedy species have established in this area Mature exotic Ficus sp. and Terrninalia catappa (W]est Indies Almond) trees are also present. 'This area is of particular concern because it provides a seed source for the recruitment of exotic vegetation into the hammock on this site and on the adjacent Barnacle State Mstoric site hammock. Unit 3 This area extends to Biscayne Bay. It appears that this portion of the parcel was maintained by mowing, thus few trees exist here. Although the dominant vegetation is Panicum maximum (an exotic grass), some native coastal shrubs and a small cluster of mangroves occur along the water's edge. )Exotic plant impact About 30% of the tree canopy is exotic. The exotic herbaceous plant cover of the site is greater than 50%. A large amount of Sarzsevaria hyacirrthoides, RueWa lorentzlana, Wedelia trilobata and other escaped landscaping plants have colonized the hammock as well as the surrounding disturbed area.. This level of exotic impact causes a considerable obstacle in future management of the natural area. WILDLTFE AND LANDSCAPE ECOLOGY CONSIDERATIONS: T lie B zrnacic Audition is Iocated in a semi -urban environment. Yet, it is likely that many species of small mammals, reptiles, and birds utilize the natural area as habitat The standing dead trees may function as important nesting and foraging sites for woodpeckers and owls. The following species are likely to occur at or utilize the Barnacle Addition: Red -winged blackbird Northern flicker Downy woodpecker Red-tailed hawk American kestrel Barred owl Eastern phoebe Chuck-Wffs-Widow Palm warbler Black and white warbler Pileated woodpecker Barn swallow Red -bellied woodpecker Boat -tailed grackle Great crested flycatcher Iced -shouldered hawk Sharp -shinned hawk Swallow tailed kite Screech owl Eastern kingbird Nighthawk Common yellowthroat White -eyed vireo Carolina wren Purple martin Migratoryltransiern species are also expected to utilize this site during the spring and fall migration periods. Mammals Re oe Gray fox Gray squirrel Raccoon Opossum Least shrew Spotted skunk Corn snake Southern ringneck snake Rough green snake Squirrel treefrog Yellow rat snake Everglades racer Green treefrog Narrow mouthed toad II 98-�.229 12/04/98 14:30 FAX 305372 1 DADE DER1i 202 WAMI-DADE GQUNTY, FLORIDA MIAM Decomber 4, 1998 Sarah Eiat= Nestorian and Preservation Officer City of Muarni 444 S.W. Y' Ave., 3" Floor Miami, FL. 33130 ENvuwmw rAL RESOURCES M11i MEtrlEwr NATURAL RESOURCES DIVISION 33 S.W. 2ntl AVENUE MAUL FLOFROA 33130-1540 (305) 372.6786 fAX (305) 37246M RE: Cloister on the Bay looted at approximmnely 3463-3471-Mabr ifghway. Coconut Grove, Miami, FL. Dear Ms. Eaton, This letter coiatains ret:arrttaentl dens trots mite review of the -plains fig the e.bove referenced site as requested by the City of Miami. On December 2,1998, Matt King and i cruet on the site with a representadve of the owner and reviewed the plans Ruin A Grin Titorntmgfr and Associates dated 1t1� 1- 98. Although the City of Miami has jurisdiction regarding tine removal on this site, DERM will comment on this project YAL4 regards to the Mbmi-Dad Tree Pre cordon Ordiaance. Chapter 24. 1. The eutance to the guardhouse area expands to two lanes, which impacts more of the hunmosit aura lobe restomd. TVs should be evaluated ter see if clots bate would be sufficient to protect existing trees. If there is concern regarding ualTtc impacts to Main Highway, then placing the guardboase further into the:pu4ieny should be explored. 2. The new location of tits teattis courts lessens the impacts to trees in this area. 3. A detailed relocativa plat stating root• panting. relecatim tedmiqua, irrigation and location where the trees will be relocated should be submitted for review prior to issuance of the tree ranoval permit 4, the plwAmc t of the tense should be outside of the haurunock area if possible. If the fence needs to be installed in the hammock, the fence should be installed by hand to lessen imp®cts to the rock fiormadon. S. DERM has reviewed and apprave& the restoration plan. Any oaacrrelp cd in the restoradart area of the hammock should only be planted in area devoid of vegetation and where impacts tor thtsnilstrare can be minimal. 6. Although the proposed development is removing 13 specimen trees, the plans show the preswvatiiott for 38 specimen trees. 38` Z29 12/04/98 14:30 FAX 305372' '9 DADE DERM 003 Mm appcaximate area of the liwAs ock,is U acres Zhis 6ammoctc is. not a desigr�a�ad natural forts[ cotnmunity due to its degraded condition of the hammock. Chapter 24 does not require aagaeeat of•nattra�finest cemmet ities; but would anirallow 20 % of the site to be developed if it was designated. Since the site is not designated. the developer could char everything wialk exc ep6m of specimen, trees (DER-18"j, WLhas apfeed to restore and tnattagg 1.03 acres which will prevent the it unmock from degrading hither and will ealtance the recta mdhammock oatha adjacent Baaacle propem DEXM veld be willing to provide oversight of the hammock restoration S. Chapter A wWxh is the laadseW Code of Miami -lade EotnttyrpEoitWn the planting of any controlled species since the site is located within 500 feet of native plants comminutes and drat 30 % of-tlte lsadsaping msm*needs to be native. Mx submitted Dlatts have met these requirements. If yu&have any questions or would lik&2ddhiot>at infotmOka, pie= cMrtW.MC at (305) 372-6386. 5incereiy. Joy D. Klein Enviroamattd Re=lrce Program Supervisor Forest Resources Program Cr— Mark MG M&M I + )t 'Bea*n 920 14ATI✓E "JOFY AJo Gtw6c" otVarsSlrr ® L CUNT G� THORMROUGH AND ASSDQATES wmra.c - re we w.iwf IY an rwam SCALE. r.2o,-o* CLOISTERS OH THE DAY COCONUT GROvE. FL /*au.0 nunw-wrenuowa nw twat• ow..n e mnnr OQa vca[vEtcsm OF FLORIDA of Botany October 19,1999 Mr. Edward Popkin Albanese-Popkin Development Suite 114 2499 Glades Road Boca Raton, FL 33431 Dear Mr. Popkin: 220 Bertram Bail PO Box 118526 Gaineaviile, FL 32611.8526 Telephone: (352) 392-2175 Faafaile: (352) 392-3993 On Wednesday, October 14, 1998, I had the opportunity to visit the grounds situated along Main Highway in Coconut Grove just north of the Barnacle State Historic site. In addition, I have at my disposal a letter with an addendum written to Ms. Sarah Eaton on October 12,1998 by Mr. A. Grant Thornbrough of Landscape Architecture and Land Planning ofBoca Ratan. Also available to me is a letter with a D. E. R. M. enclosure from Gary M. Held, Esq. to members of the Urban Development Review Board, City of Miami, dated October 5,1998. And, finally, I have a letter, report, and apexes list of June, 25tAugust, 1998 from Mr. Mark P. McMahon of Biological and Environmental Consulting in Davie. The site in question, Cloisters -on -the Bay, probably represents the remnant of an old hardwood hammock as evidenced by the presence of a few mature specimens of live oak and gumbo limbo, It is without doubt in a successional stage owing to the presence there of several mature south Florida slash pine trees and many hardwood seedlings and saplings of species in the undergrowth normally associated with a mature hardwood hammock. Typically, in south Florida and elsewhere, pines first invade an area to be followed successionally by hardwood forest'aiter 50 to 100 or more years. Thus my finding of the site as successional rather than mature forest. Coupled with the native floe and vegetation is a plethora of exotic species, both woody and herbaceous. These invasive plants compete favorably for cover with the native plants, and from my observations, they are succeeding In depriving the native flora of nutrients and the light required for vigorous growth. Given sufficient time and lack of disturbance, I would predict these exotic plants --from nearby gardens, disserninules carried by birds, wind, and water —to exploit the land to the extreme detriment of the native flora. Igva► 0MrIuNtq / Aftwti"Ac don ImMuNan 98-1229 Mr. F,dward Popkin Page Two October 19, 1999 To state "there, is a huge concentration of mature pioneer trees' (Mature trees are not pioneers!) and that this "valuable resource' needs to be preserved, as Mr. Held asserts, are neither true nor would they stand up under scientific scrutiny. The facts are that there is not a high concentration of mature trees, rather a scattering of these, and that this weedy area is hardly a valuable resource. For comparison, I call to your attention the Hattie Bauer Hammock and Fuchs Hammock plots near Homestead that, before Hurricane Andrew, did represent true mature hardwood hammocks, albeit the former had been invaded by exotic weeds. If we direct our attention to the issue of biological diversity, as determined from Mr. McMahon's detailed survey of plants, we can conclude the following; 1) There is a total of 639 trees. a) Total exotic trees, 336 b) Total native trees, 303 * exotic trees, 52 native trees, 48 2) Them is a total of 40 species a) Total exotic species, 27 b) Total native species, 13 exotic species, 67 * native species, 32 From these figures it is apparent that the species diversity of native plants is low, less than half the % species of exoticsl In short, the area under consideration falls far below being considered a pristine hammock habitat owing to its successional stage of development and the degradation caused by the spate of introduced and invasive exotic species. The land nearest Main Highway comes closest to supporting some mature hammock species, but as one nears the bay, fewer and fewer of these occur until, except for a few littoral species, the bayside and adjacent landward grounds are bereft of natives. The proposed new site plan involving re -siting of the tennis court, pool, and recreation building to within the boundaries of the Cloisters, would free up potential hammock land for planting. Thus, the revised site plan removes these three elements from the hammock area. That move should be allowed to proceed to provide additional space for hammock improvement and reclamation. 9b-iz4o 1sdt.Uwatd Poplin rap Thr" oetolsa 19, I"t The D. I. R. M upon of luw 27, 1995 endow& wM W. Ikld's latter hu little riksr with resp.ct to Ow lend in quoudon. The Tbmmbrw4h plan of the pmp", sWasod wM his le W of Oatobet 12, 1"t, io&M" s hmmoek area Of AMC asnts thus lath"" is ft T).i(.x.M. report. 'Ilse D.E.RM. report is tint enbe mlvo sw do.s it speak to the swam at burl& s' youre, emirs MUM L=b Suva7 Prdcnar ot8ouay WLS;pmp SS-i229 William Louis Stern curriculum vitae Born September 10, 1926 in Paterson, Now Jersey Graduated Paterson central High School, 1944 U.S. Naval Reserve, September 1944 through August 1946; service in U.S. and Pacific Theater of Operations Married September 4, 1949 to Florast S. Tanis; two children, Paul, born 1957 (marriad to Susan Philbrook, 1988) and Susan, born 1955 (married to Thomas A. Fennell, 1980). Education B.S. in botany with minor in zoology, Rutgers University, 1950 M.S. in botany, University of Illinois, 1951 Ph.D. in botany with minors in invertebrate zoology and paleobotany, University of Illinois, 1954 Professional Positions Teaching Assistant, University of Illinois; general botany, plant taxonomy, plant microtechnique, 1950-1953 Instructor in Wood Anatomy and Curator, S. 7. Record Memorial Collection of Woods, Yale University School of Forestry, 1953-1955 Assistant Professor of Wood Anatomy and Curator, S. J. Record Memorial Collection of Woods,, Yale University School of Forestry, 1955-1960. curator, Division of Woods (now Division of Plant Anatomy), Department of Botany, Smithsonian Institution, 1960-1964 Expert (Research consultant) with Food and Agriculture Organization of the United Nations assigned to Philippine Forest Products Research Institute, Los Banos, 1963-1964 Acting Chairman, Department of Botany, Smithsonian Institution, July 1964-December 1964 Chairman, Department of Botany, Smithsonian Institution, December 1964-June 1967 1 9 8' Professor, Department of Botany, University of Maryland, July 1967-Auquat 1979 Program Director, 8ystamatie•Biology, National Science Foundation, August 1978-August 1979 Chairman, Department of Botany and Professor or Botany, University of Florida, September.1979-August 1985 Affiliate Curator, Florida Musaum of Natural History, 1963- Professor of Botany, "University of Florida, August 1985- Aff iliate Professor of forestry, School of Forest Resources and conservation, University of Florida,. 1986- Adjunct Professional Positions Editor, Trn *} WAnds, Yale Vniversity School of. Forestry, 1953-1960 Chairman, Membership Committee, Botanical Society of America, 1955-1957 Chairman, careers Pamphlet Subcommittee, Education Committes, Botanical society of America, 1976-1978 Member, A. I. B. s. visiting Speakers to High Schools Program throughout its existence Council Member, international Association of Wood Anatomists, 1961-1972 Convener, symposium on Wood Anatomy and Taxonomy with Special Reference to the Pacific, Tenth Pacific Science Congress, 1961 Editor, Plan Sgi.once mulletin, 1962-1965 Associate Editor, BiaSnIgner, 1963-1966 Council Member, Association for Tropical Biology, 1964-1967 Research Affiliate, H. J. Lyon Arboretum of the University of Hawaii,- 1965-present . Associate Editor, rnmnnmic gntgny, 1965-1975 Chairman, Commemorative Stamp Committee, XI International Botanical Congress (1969) 2 Presiding Officer, Systematic session, A. I. B. S. Meetings, 1966 Member, Scientific Advisory Board, Pacific Tropical Botanical Garden, 1965-1992 Member, Editorial Committee, A"Pri c n Tom at Antan 1957-1969 Research Associate, Smithsonian Institution, 1967-present Editor and Founder, Ain+,rng1na, 1969-1972 Invited Symposium Speaker, Centennial of Founding of Arnold Arboretum of Harvard University, May 1972 Member, Committee to Visit the, Arnold Arboretum of Harvard University, 1971-1976; Vice -Chairman, 1973-1976 Editor, memoir! al = Torre Bolt nicai C,1.uh, 1972-1975 Member, Scientific Advisory Committee, H. F. du Pont Winterthur Museum, 1972-1986 Asesor eientifieo de Anatomia y Mierotfienica Vegetal del Oepartamento de Sotinica y Farmacognosia, Universidad de Mdrida, Venezuela, 1975-present Faculty, Advanced Seminar in Tropical Botany, University of Miami, 1971, 1972 Faculty, Smithsonian Associates, "Herbal Botany," April -June, 1977 Special Instructor, "Wood Anatomy and Identification," U. S. Federal Bureau of Investigation, 1973 Member, Biological Stain commission July 1978-1981 Member, Board of Trustees, Fairchild Tropical Garden, 1980-1986 Associate Editor, jor IIf woed, 1964- Chairman, Oversight Committee, Programs in Systematic Biology and Biological Research Resources, National Science Foundation, May, 1985 Member, Board of Trustees, The Rampong Center for Subtropical Botany and Horticulture, 1985-present Panelist, Experimental Program to Stimulate Competitive Research, National Science Foundation, May, 1986 3 98-1229 I Research Associate, Marie Salby Botanical Gardens, 1986- Presiding officer, Developmental and Structural Section, A.I.B.S. Meetings, 1986 Presiding officer, General Systematics section, A.I.B.S. Meetings, 1987 Member, Board of Directors, American institute of Biological Sciences, 1987-1989 Editorial Board, Dh o T—bol o1996- Memberships and Offices in Professional organizations Botanical Society of America (President Elect, 1984; President, 1985, 1986); American Association for the Advancement of Science; International Association for plant Taxonomy; Torrey Botanical Club; Society for Economic Botany (Treasurer, 1988--); International Society of Tropical Foresters; International Association of Wood Anatomists (Life Member); Association for Tropical Biology (Founding Member); American Institute of Biological Sciences (Board of Directors 1987-1989); Botanical ' Society of Washington (President, 1972); National Capital Orchid ! Society; American orchid Society; American Society of Plant ! Taxonomists (President Elect, 1980; President, 1981; Past President, 1982); Gainesville Orchid Society (President, 1981; vice President, 1983);! Florida Academy of Sciences; Sigma Xi (Chapter Secretary, 1984/1985). Honors and Awards .S. with highest honors, Rutgers University; Phi Beta Kappa; Phi igma; Sigma Xi (Secretary, University of Florida Chapter, ' 984-1985); Delta Phi Alpha; Phi Kappa Phi; Society for the dvanaament of Research (Philippines); University Fellowship, ! nivorsity of Illinois, 1952; Phi sigma prize for best graduate hesis in biological sciences, University of Illinois, 1951; ifatime Member of International Association of Wood Anatomists nd International Wood Collectors' Society; Fellow, A.A.A.s; allow, Linnean Society of London; Certificate of Merit, ' otanical Society of America, 1987; Teaching Improvement award, ! 6iversity of Florida, 1995; Certificate "honoring service and atstanding scholarship for the advancement of the botanical ' ciencas," botanical Society of America, 1995. 3S-i209 UNIVERSITY ( FLORIDA of Botany 220 Bartram Hall PO Box 118526 Gainesville, FL 32611-8526 November 3, 1998 Telephone: (352) 392-1175 Facsimile: (352) 392-3993 Mr. Edward Popkin Albanese-Popkin Development Suite 114 2499 Glades Road Boca Raton, FL 33431 Dear Mr. Popkin: It was my good fortune to be able to visit the Cloisters -on -the -Bay "hammock" on October 30 to conduct an extensive site survey for the purpose of determining the actual size of the hammock. Although there is no sharp demarcation between the hammock and non -hammock areas, it is possible to tell from the change in vegetation and coverage of the tree canopy where the transition lies. I spent time, not only surveying the property between Main Highway and the bay, but I also walked into the hammock area and along the northern boundary of the property examining the tree canopy from the St. Stephens church property. I correlated my position during this walk-through and trip along the northern boundary with the tree survey of the property. After this review, I concur that the hammock area is approximately 0.9 acres, and the boundary of the hammock is accurately shown on the sketch prepared by Grant Thornbrough, the landscape architect for the project. 1 am enclosing a copy of his sketch for your examination. The hammock area is characterized by the higher concentration of native trees, namely live oak (Quercus virginiana) and gumbo limbo (Bursera simaruba) . These together provide an overall tree canopy and complement certain native understory trees and shrubs such as white stopper (Eugenia axillaris) and willow leaf bustic (Sideroxylon salicifolia). All of these were growing in the most westerly portion of the property, the hammock area, as indicated on the Mr. Thornbrough's sketch. The areas to the east of the boundary of this hammock clearly do not exhibit the features of a hammock. These areas are marked with few native trees, many exotics, and much open space. Various weed trees, such as paper mu!Ltlerry (Broussonettia papyrifera) and West Indian almond (Terminalia catappa) have almost completely invaded these open areas along with rampant vines and other pernicious introduced plants. Mr. Edward Popkin Page Two November 3, 1998 This visit confirmed the findings stated in my previous letter of October 18, 1998 concerning the condition and quality of the hammock area as follows: 1) this is a remnant hammock consisting of a relatively few scattered hammock trees with some seedlings and saplings of hammock plants beneath; 2) there is no real closed canopy such as one would find in a mature hammock; 3) there are large patches or openings totally lacking in tree cover such as are not found in a mature hammock; 4) the invasive weeds, including tenacious vines, have occupied most of the undergrowth and much of the arborescent vegetation; 5) and given time, the introduced weeds and exotics will compete successfully with the seedlings and saplings of hammock plants so that the latter will be completely extirpated and will not grow to maturity. A subsequent visit to Simpson Park near Miami Avenue provided a counterpoint to the Cloisters visit. Simpson Park represents a mature hammock with all the characteristics one would expect including a closed tree canopy, a weed -free understory, and many mature true hammock trees of great variety and size. The contrast between these two parcels could not be more stark, and I commend that contrast to you so that you can see for yourself what a true south Florida hammock should look like. I was very much impressed with the relatively unaltered aspect of the Simpson Park hammock. 'ncerely, illiam Lc Professor WLS:pmp Enclosure $3 CHARTER AND RELATED LAWS owned or hereafter acquired therefor, lo- cated in any part of said area; to acquire by gift, purchase, condemnation, or otherwise all land, easements, rights or property deemed necessary therefor; and to operate or cause to be operated said line or lines or facilities, or to lease or grant the use of any part thereof or any part of any port, termi- nal, or transportation line, with facilities appurtenant thereto, now or hereafter owned by the city, to any common carrier or carri- ers, for such time and upon such terms and conditions as may be determined by the city commission by ordinance; provided, however, that no ordinance making any such lease or grant shall become effective until approval thereof by a majority of the qualified electors voting thereon at a gen- eral or special election to be called by the city commission, notice of which election shall have been published in a newspaper published within the city once a week for two consecutive weeks. (jj) Codifcation of ordinances: To codify its or- dinances into a "Code of Ordinances of the City of Miami" and by a single ordinance to adopt such "Code of Ordinances of the City of Miami" as a complete revision of the existing and applicable code and ordi- nances on the date of such adoption; to amend such code or ordinances, revise it, and codify or recodify it; to adopt such revised code by a single ordinance; to have the city clerk exercise the power and au- thority to codify any duly adopted ordi- nance and assign proper section numbers and headings to various part of such ordi- nances, so that thereafter such sections shall be cited in referring to such ordi- nances. (kk) Self-insurance and insurance trust. To es- tablish and maintain a trust fund known as "The City of Miami Self -Insurance and Insurance Trust Fund" for the purpose of providing funds for a self-insurance and insurance program; to include in said fund monies from other trust funds of the city, to disburse monies from said fund to accom- plish the purposes of the self-insurance and insurance program; to authorize inclusion in said fund of monies from other funds previously appropriated for the purpose of paying premiums to insurance carriers or for the purpose of paying liability claims and judgments; to establish a self-insur- ance and insurance committee composed of three members to be appointed annually by the city manager to administer the said fund and to recommend to the city commis- sion annually the amount of reserve to be accumulated and maintained and the amount to be contributed for maintenance of the fund. (11) Airports and landing fields: To acquire by purchase, lease, condemnation, or other- wise, lands inside or outside the city limits for use as landing fields or airports; to construct and equip thereon or on other property of the city such improvements as may be necessary for that purpose; to op- erate and maintain such facilities; to pro- vide rules and regulations governing their use and the use of other property or means of transportation within or over the same; and to enter into contracts or otherwise cooperate with other government entities or other public or private agencies in all matters relating to such facilities; other- wise to exercise such powers as may be required or convenient for such establish- ment, operation, and maintenance; to levy taxes for any such purpose; unless such facilities shall have been acquired by lease, to issue bonds to pay the cost of such facilities; and to grant, deed or dedicate lands, with or without consideration, to other governmental entities for use as land- ing fields or airports. (Laws of Fla., ch. 14234(1929)) (mm) Building and zoning. (i) To provide by ordinance building, plan- ning, and zoning regulations and re- strictions governing the height, num- ber of stories, method of construction, type, and size of buildings and other, structures; the percentage and portion of the lot or site that may be occupied; the size of the front, rear, and side CHT.8 � 29 S8-�. §3 yards, courts, and other open spaces; (iv) These requirements shall not apply to the location, use of buildings, struc- docks and appurtenant structures, sin- tures, and land for trade, industry, gle-family residences and appurtenant residences, apartment houses, and other structures, and waterfront industrial purposes; and the widening and future uses along the Miami River and at the widening of streets in zoned street Port of Miami. Nothing herein con - areas that the city may establish. Such tained shall in any manner affect or regulations may provide that a board apply to: the City of Miami/University of appeals or the city commission may of Miami James L. Knight Interna- determine and vary the application of tional Center and hotel facility, includ- building, planning, or zoning ordi- ing all improvements thereon, or to nances in harmony with their general lands and projects which the city com- purpose and intent. mission has approved prior to Septem- (ii) In order to preserve the city's natural ber 18, 1979, by development order scenic beauty, to guarantee open spaces, pursuant to F.S. ch. 380 of a planned and to protect the waterfront, any- area development pursuant to article thing in this charter or the ordinances XO-1, City of Miami Comprehensive of the city to the contrary notwithstand- Zoning ordinance or which have re- ing, neither the city nor any of its ceived site and development plan ap- agencies shall issue building permits proval, including Plaza Venetia, Phase for any surface parking or enclosed II, Resolution No. 72-113, April 20, structures located on Biscayne Bay or 1972; Resolution No. 72-114, April 20, the Miami River from its mouth to the 1972; and Resolution No. 72-416, July N.W. 5th Street Bridge, 20, 1972. (A) which are not set back at least 50 (nn) Borrowing to erect and add to public build - feet from the seawall (where the ings: To borrow money for the erection, depth of the lot is less than 200 construction, and furnishing of public build - feet, the setback shall be at least ings, including hospitals, city office build- 25 percent of the lot depth), and ings, city halls, and other municipal struc- (B) which do not have average side tures; to borrow money for the purpose of yards equal in aggregate to at least building additions to public buildings now 25 percent of the water frontage of owned by the city-, to execute notes and each lot based on average lot width. other evidences of indebtedness, and to (iii) The above setback and side -yard re- secure the same by a mortgage upon said quirements may be modified by the buildings and the land upon which the city commission after design and site- buildings may be located; to pledge and plan review and public hearing only if hypothecate the net revenue, after the pay - the commission determines that the ment of all operating expenses and fixed modifications requested provide public charges, including interest on the debt so benefits such as direct public access, created and on all other debt created in the public walkways, plaza dedications, cov- construction of such building, as well as to ered parking up to the floodplain level, pledge and hypothecate the net revenue or comparable benefits which promote derived from such buildings and the land a better urban environment and public upon which they stand, all for the purpose advantages, or which preserve natural of securing the repayment of money bor- features. Wherever setback, side -yard, rowed to be used in such construction; to or site -plan review requirements of zon- issue certificates of indebtedness secured irig ordinances are greater than the by the net receipts from the use or rental of foregoing requirements, such greater the buildings or additions to present exist - requirements shall govern. ing buildings erected or -to be erected for C11T:9 AdrIanne Frlecner Pardo {3(35) 579.0003 Hand Delivery Lourdes Slayzk Assistant Director Department of Community, Planning and Revitalization 444 S.W. Second Avenue Miami, Florida 33130 HARH iflflUBlfi May 11, 1998 Mr. Juan Gonzalez Acting Zoning Administrator City of Miami 444 S.W. 2'd Avenue Miami, Florida 33130 Re: Cloisters on the Bay- 3571 Main Highway, Coconut Grove, Florida Dear Lourdes and Juan: Pursuant to your review of the site plan prepared by Ferguson Glasgow Schuster Soto, Inc., this fetter serves to confirm your opinion of the proposed project known as Cloisters on the Bay, as being designated a "single family development". As you are aware, the property is designated R-1 (Single Family Residential), with an SD-18 overlay pursuant to the Zoning Atlas of the City of Miami. The proposed project will have 44 single family attached homes. The applicants are in the process of applying for approval of a Major Use Special Permit as a Planned Unit Development pursuant to Article 5 of the Zoning Ordinance, Section 504.1 of the Zoning Ordinance provides that "the following uses and structures may be allowed: dwellings, one -family, two-family, and multifamily; detached and attached; ..." Thus, the City of Miami allows attached single family residences, and although the homes are attached by having a common wall, the project is still considered a single family development within the City of Miami. In addition, the homes must be classified as single family occupancy by the Structural Division of the Building and Zoning Department. As we discussed, the project is exempt as a single family development from the City of Miami Waterfront Charter provisions. Further, the Planning and Zoning Departments consider that this project would be exempt from the Metropolitan Miami -Dade County Shoreline review, due to the projects single family designation. GKIEENDERC I AMIR14 HOFFMAN I.IVOYr RIHEN N Q1.1KNTIm, Y.A. 1221 RIUc.xul. Avviu . MIAMI. F1.091uA 331:11 30r,-r,7q-0S00 FAx I . 57)-U7IT MIAMI Nxw YURK WA31IIr44;'IVJN, D.C. PHILADELCIITA sir. 1',kUr.0 FORT LAI113I01OALi WrXT NAI•M EeA47I 0111.1NUU TAI.I.ANA%6C>r BOLA HATQry 1440 g8- Please execute below by confirming your agreement with this letter. Please call either Lucia or myself if you have any questions. Ve truly yours, Adrienne Friesner Pardo Agreed and Accepted: ar Lde s Slayzk Assistant Director Dated: and .an GonzaleVdmi ActingZoning n� Dated: 'e Z711 CC Mr. Leonard Albanese Mr. Edward Popkin Mr. Wenford Hood Mr. Dick Schuster Ms. Natividad Soto Lucia A. Dougherty, Esq. 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L, - P/ (-) w 0�-er J Yu (� `C" 4 ' S ct 6ea %ke- Pit d h0 (^� v✓ a ►� 7zw MAruSj d1jS I Ov► cGu- OL tea- -� y �� 6-; --f 7L7Q— Own S Glrc� q v� r/v✓ ��'�d�� ej1-7lct ii CA:161-e r 5-11, Le �iyder�/� �gwsaN d 8 - 1229 Kcm or ww� 98 - JI'229 Exhibit Index Cloisters on the Bay Major Use Special Permit 3463-3571 Main Highway 1. Resolution No. 84-1448 dated 12/13/84 2. Excerpts of City's Court Pleading Responses from Zoning Lawsuit 3. Kenneth Treister 9/2/94 letter 4. City letter dated 12/22/94 5. Howard Scharlin 4/3/95 letter 6. 1996 Complaint filed by Owners against State of Florida. MIAMVPARDOAM002671Ahnz011 DOW 2/07/98 GREENBERG TRAURIG 98 - L' ,-, A 9 RESOLUTION NO. 84-1448 A RESOLUTION RL4UESTYyo PIKANC1Al, AsSIS— TANCE FROM THE STATE Or rWRIDA POR THC PURCttASS Or THL PROPERTY LOCATED AT "PROXIMATELY 3471 MAIN HIGHWAY, MLA14i, rLDRIDA, ADJACENT TO THE NORTH PROPERTY LINE or THE BARNACLE STATE PARK. wUXREAS. the City is interested in prooidi•ng publio open ■pate on siseayne say? &44 WHEREAS. this 7.07 acze•.. pr party located cz *l.acayne may, ncrth of trio SaYaaelo 8ta'te ariE% dti alsprcxiA.t• i471. Main Highway, in Miami, Plorida. is under intense developmental pres- svr�: vcwf TKSRS,TOR;. BE ZT RESOLVED SY TIM COMMZS'Sx0br or TIM CITY or ximi, YLJ RZIIAs section 1. The City Commission ltwr*by requests litsaaaial assistance from the state of P.lorida for the purchase of the property located at approximately 3471 Main Mlighway, Miami', Florida, adjacent to the north propsz%y lSne at the Barnacle State Park. ?ASSED A= ADOFTZ0 this 1 -Arh day of _pacembar -- --• 1964. Maurice A. Paz=s ATTLTi � VXZVA = Alta APPROVAQ XYs ere etc Deputy City Attorney "PRO AS FORM AND CORPECTNESS s Cta uq r City Aetern crrr cc saA-ISSMIN ; MLTrrrC OF DEC is t984 + ftmw'.. — ■cfWrs. , cnm - i ma m Dr. John DeGrove, secretary Department of Community Affairs 2571 Executive Center Circle East, Tallahassee, Florida 32301 Dear Dr, DeGrovet st January 24. 19A5 Room 131 Enclosed is the formal application from the City of Mi.a hi for the State acquisition of the Barnacle Extension. This approximately. 7 acre- tract is .sandwiched between the Sarnacle State Park on the south and the City's Peacock Park on the north. HOWARD V. Gnt City Mara State acquisition of this property will serve to preserve and protect this important and valuable historic resource from the intense development pressures currently being exerted upon it. If you or your staff require any further -information or. documentation, please do not hesitate to Contact us. Sincerely, Carl E. Kern Director SLMfhs hT Of PARKS AND R[CKEATI01 i .6C4) S. SAvshore Or. / P n Anr 11n7n* / u:1-4 e1 21+yru ..7ncl eve. eerie..e-, & a - -L;z 4 -7 - right of eminent domain existed under the CARL program.7 The DNR staff may have wanted the Property. The local government wherein the Property lay may have preferred and even en- couraged the State to purchase that Property. Plaintiffs encouraged this, too. Plaintiff Howard Scharlin stated in a Miami News article, discussing the growing public interest in purchasing the Property, that Plaintiffs would be willing to sell the land for a reasonable profit.- (R. 1467, Vol. I, Component 2). But no -CARL acquisition could occur unless the landowner voluntarily agreed to sell. The simple fact, contrary to Plaintiffs' inference, in their First State Case, their Second State Case and now is that CITY NEVER SOUGHT TO TAKE PLAINTIFFS' PROPERTY BY EMINENT DOMAIN AND NEVER MADE ANY EFFORT SO TO DO.8 B. The Property and Surrounding Neighborhood 7 In 1987 the Florida Legislature changed that, with Plaintiffs' concurrence. See Ch. 87-28, Laws of Fla. (1987) and H. 989, loth Leg., Reg. Sess. (Fla. 1987). 8 Plaintiffs have also previously asserted that in other instances the City of Miami has "forced" a property owner to sell its property. (A.D.I.Br. 15, Vol. I, Component 9). Of course, a city may always force a landowner to sell, by use of its power of eminent domain-. That is what the federal and Florida Constitutions provide. Government has a preeminent right to take property for valid public purposes, and if it exercises that right it must pay the property owner full and just compensation. The landowner has no constitutional right to refuse (i.e., to not be "forced") to sell. But the City here never sought to "force" Plaintiffs to do anything. City never exercised, sought to exercise, or asked the State to exercise, the eminent domain power, or otherwise improperly sought to acquire Plaintiffs' Property. The Appellate Division and the Third District Court have already so ruled in Plaintiffs' First State Case and in their Second State Case. See e.g. (A. 4-6, Vol. IV, Component 3). LAW OFFICES JOSEPH Z. FLEMING. P.A. INGRAHAM BUILDING. 25 S.E. SECOND AVENUE. MIAM1, FLORIDA 33131 TELEPHONE (305) 373-0791 -9- Vol. I, Component 2).9 St. Stephen's Episcopal Church to the north contains junior kindergarten and elementary school programs. (R. 287, Vol. I, Component 1). "The Barnacle", abutting on the south, was the original home of Commodore Ralph Munroe, constructed in 1891 and remains as a single family home site, owned and designated by the State as a historic site. (R. 474, Vol. I, Component 1): To the south of the Barnacle along Biscayne Bay are Camp Biscayne (single family) and the Abitare (townhouse) residen- tial communities. Main Highway and St. Stephen's Church separate the Property from the Coconut Grove commercial dis- trict. (R. 254, Vol. I, Component 1). Plaintiffs actually further documented, when they were before the Circuit Court Appellate Division (in the First State Case) the historical importance of the Barnacle. They introduced a variety of references to show the nature of the historic landmark, conceding the important historical implications of the neighborhood and the legitimacy of historic concerns expressed in the record.10 Plaintiffs tried to argue that if they could establish the neighborhood 9 This house was relocated to about 1,000 feet to the south of the Property within the same RS-1 zone. 10 See Notice by Plaintiffs Kenneth Treister, Gerald Katcher and Howard Scharlin of Intent to Rely on Additional Authority, dated October 6, 1987, attaching Arva Moore Parks' The Forgotten _Frontier: Florida_ Through The Lens of Ralph iddleton Munroe, 86-128 (1977), Vol. I, Component 8. LAW OFFICES JOSEPH Z. FLEMING. P.A. NGRAHAM BUILDING. 25 S.E. SECOND AVENUE, MIAMI, FLORIDA 33131 . TELEPHONE (305) 373-079I 9 8 _ i Z Z ti 0 -10- had been residential for a long time (since the Barnacle was built), they could ignore the fact that it continued to remain residential through today -- from the Peacock Park area along the Bay to the southern boundary of the City. Thus, Plaintiffs really demonstrated the longevity of the residential qualities and the additional historic values that the City sought to protect here. The St. Stephen's Church property establishes the northern boundary of this low density residential neighbor- hood. On the west this neighborhood, except for the Church, is insulated from the rest of Coconut Grove by the dense hardwood hammock fronting on Main Highway. (R. 54-57, Vol. I, Component 1). The Church property actually continues the low density character of the neighborhood beyond the limits of the hardwood hammock. The tranquility which the hardwood hammock provides- the residences between it and the Bay is such that one would never know this residential neighborhood is across the street from a commercial district. (R. 60-61, Vol. I, Component 1). The Property, like the Barnacle, Abitare, and Biscayne Camp, is predominantly oriented to the Bay because of the isolating effect of the hammock. Yet, except for the Property, the Church and the Barnacle, the neighborhood is comprised predominantly of townhomes costing upwards from $300,000 to $500,000 (S.R. 17-18, Vol. I, Component 6) and single family homesites (just the lots) with actual sales of LAW OFFICES JOSEPH Z. FLEMING, P.A. GRAHAM BUILDING. 25 S.E. SECOND AVENUE. MIAM1. FLORIDA 33131 TELEPHONE (305) 373-0791 �8-110� -11- $185,000 and estimated to cost up to $250,000. (S.R. 30, 32, Vol. I, Component 6). C. Zoning and Allowable Uses on the Property Before Plaintiffs purchased the Property in approx- imately 1983, (R. 291, Vol. I, Component 1), they hired a zoning attorney who confirmed it was zoned for single family detached homes (R. 3908, Vol. I, Component 5) as it had been since the 19301s. (Pet.-7, Vol: II, Component 2). In fact,' this residential use has been continued since the 18601s, when Coconut Grove was first settled. (R. 286, Vol. I, Component 1). All the privately owned bayfront property from Peacock Park south to the City limits is similarly zoned single family. (R. 3919, Vol. I, Component 5; A. 7, Vol. IV, Component 3). The residential RS-1 zoning district regula- tions also permit many. other uses compatible with such residential development. (A. 8, Vol. IV, Component 3). Plaintiffs not only conceded they could develop and profit under the zoning applied to their Property but, in fact, used the threat of developing a restricted, guarded entry, luxury residential enclave, walled off from community use, to encourage the Planning Department to support their first two rezoning requests. (R. 261, 301, Vol. I, Component 1). As an example of Plaintiffs' bait and switch techniques, at the December 12, 1984 hearing before the City Commission, Plaintiff Treister stated: We now have parks on the bay, but you gentlemen, I think, appreciate urban LAW OFFICES JOSEPH Z. FLEMING, P.A. IGRAHAM BUILDING. 25 S.E. SECOND AVENUE, MIAMI, FLORIDA 33131 • TELEPHONE (305) 373-0791 -24- Our cases uniformly reflect an insis- tence on knowing the nature and extent of permitted development before adjudicating the constitutionality of the regulations that purport to limit it. Because the City, based on Plaintiffs' allegations, could have considered numerous variations of applications for rezoning other than the excessive commercial rezoning they sought or single-family residential (under the host of zoning alternatives provided), the finality. requirement of the Supreme Court in Williamson was never met. It leaves no basis for Plaintiffs to challenge the actions by the City. Plaintiffs here chose to seek what would be referred to as the outside of the envelope -- the maximum development. Further, Plaintiffs abandoned their initial development proposals and skipped any possible, less intense amendments which could have addressed the legitimate concerns which Plaintiffs in their presentations conceded the City could utilize (in analyzing rezoning requests and more intensive zoning such as the Plaintiffs have requested here). Plain- tiffs simply cannot now maintain that there were no alterna- tives. In addition, even considering various forms of residential development, there were many options (as noted above) that were never in any way sought, or applied for, by the Plaintiffs. Until there has been a final determination made Plain- tiffs cannot proceed on their claims that assert Defendants LAW OFFICES JOSEPH Z. FLEMING, P.A. INGRAHAM BUILDING. 25 S.E. SECOND AVENUE. MIAMI. FLORIDA 33131 TELEPHONE (305) 373-0791 -25- deprived Plaintiffs of property without due process of law, or any of the other related claims of Plaintiffs. B. Plaintiffs are Barred from Re -Litigating Matters Previously Litigated and Decided Adversely to Plaintiffs in Their State Court Proceedings. Assuming for the purpose of argument that Plaintiffs' claims were ripe for review, such claims still are barred by the State Court decisions adverse to Plaintiffs. Plaintiffs are precluded from re -litigating matters which were ad- judicated against them in Plaintiffs' State Court Cases. 1. Plaintiffs are precluded from attempting to pretend that the Property may not be developed, since the Property may be developed under existing zoning. As noted above in the statement of facts, Plaintiffs conceded alterna- tive types of development were available for the Property. 2. Plaintiffs cannot claim inability to proceed, or futility in proceeding, further before the City; Plain- tiffs admitted there were alternatives they could seek and use, and the Third District in the Second State Case ex- plicitly confirmed Plaintiffs' right to re -apply to City. See Treister v. City of Miami, 575 So.2d 218 at 219 (Fla. 3d DCA 1991), attached as Exhibit D to Defendants' Concise Statement of Material Facts as to Which There is No Genuine Issue to be Tried. Here, Plaintiffs cannot claim that there were not other applications possible since they confirmed there were other applications possible. The other options that would be LAW OFFICES JOSEPH Z. FLEMING, P.A. NGRAHAM BUILDING, 25 S.E. SECOND AVENUE. MIAMI. FLORIDA 33131 TELEPHONE (305) 373-0791 ^ 98--LZ40 KENNETH TREISTER, FAIA September 2, 1994 Caesar Odio City Manager REF: Commodore Bay Dear Caesar: I have an idea which would have many advantages for the citizens of Miami. The concept is for the City to acquire our 6.2 bayfront acres in a swap for other City land of equivalent value. The advantages to the City for such a swap would be many: • Provide a park in the center of Coconut Grove • Preserve the bayfront for public use • Eliminate private development of the property • Open the village center to the Bay • Create a jogging/bike path linking on the bay South and North Grove. • Possibly providing off-street parking near the Playhouse, Peacock Park, Commodore Plaza and Main Highway shops that so desperately need ample and close parking • Solve the new but serious problem concerning the construction of a new baseball facility on the common border between Peacock Park and our property. • Settling the costly lawsuit and potential damages. 3660 Battersea Road Coconut Grove, Florida 33133 667-3170 Fax 305-667-3248 �8- 49 PAGE 2 Though there may be others, the two sites that come to mind for a possible trade would be: a) a comparable, developable site on Virginia Key that the City is now contemplating opening for development; or b) the land and lease of Monty Trainer's restaurant and shopping center. It may be possible for the City to get financial help for this swap from the County, who has funds available for environmentally sensitive land, the State, for a small bayfront park, and possibly from the Parking Authority, for an off-street parking facility. Please let me know if this idea has any appeal to the City so we can start evaluating alternative sites and of course limiting the costs of our continuing disagreement about the proper use of our property. Sincerely, enneth Treister Isse 00:31 3056673248 KENNETH TREISTER PAGE 06 Cba .L-r f Aiandt CE5AR H. Ooko CITY MANAGER December 22, 1994 Kenneth Treister 3660 Battersea Road Miami, Florida 33133 P O. BOX 330708 MIAMI, 3323-1,070a 305-21E0-6+IOC) FAX 9oB-CBS-�996 Re: Your letter of September 2, 1994, proposing an exchange of your 6.2 acres of bayfr t property for City of Miami land of equivalent value. Dear Mr. 'I' i ter: This letter serves to confirm a fact which should be quite obvious at this time to all concerned: the City of Miami has absolutely no interest- in pursuing the proposal set forth in your referenced letter or otherwise acquiring the subject property through a land$wap or any other method. Sincerely, iOdio nager c: Honorable Mayor and Members of the City Commission A. Quinn Jones, III, City Attorney Joel E. Maxwell; Deputy City Attorney Sergio Rodriguez, Assistant City Manager Clark Cook, Off -Street Parking Joseph Z. Fleming, Esq. Parker Thompson, Esq. Gary Held, Esq. 8 - 440 HOWARD A_ SCHMWr4 JOHN A. %."20TA ,.!twig A. COHEN THOMAS C. Coss L.1NDA COIN SCi3ARUN. L+A1M M`A, COICEN. COU ANP EMN Al MANEY$ AT I.Aw UNITED NATIONAL. SANX SU14.DIN42 tat$-S.W. FIRST AWAN►JC MIAW. $%*X ^ 33130 April 3, 1995 Tr 9VA*NZ 999- 222 AREA CODS $06 PAX 41SO-0802 MIA KAND DELInRY Honorably Steven Clark Hoard of Trustees Mayor, City of !Miami Internal. Improvement Trost Fund 3500 Pan American Drive State of Florida Miami, Florida' 331.33 Tallahassee, Florida Gentlemen I enclose herewith a copy of your agreement of October 21, 1985 (thla "Agreemant11) providing for your acquisition of OUr property known as Commodore Bay Tract. By this letter, demand is respectfully made bytn* undersic ad in behalf of himself, Gerald Katcher and Kenneth Traister the owners of Commodore Bay, for you to carry out the purchase provided for in the Agreement, By that Agreement, the city of Miami promised to set aside a substantial amount of the rents and proceeds received from the Bayside Commercial. Shopping Center to acquire the Commo;iora Pray Tract, fronting the Buy and Main Highway between the Barnaole and Peacock Park in the heart of Coconut Grove. The purchase would expand the Barnacle State nark and provide .. ..,lands suitable for public anj-oyment and recreation and preserve for .all time public access to CITY waterways-" on. 1ta part, the State placed this tract of land on the CARL list to be acquired.arid agreed to pay halt of the purchase price and, if necessary, finance the City'ss half of the purchased price until the Bayeide revenues would repay the Status loan. The City promised to prcaee.d with the purchase of the Commodore Bay Tract before any other as soon as the State placed it on the CARL list. This, State has, in fact, placed the Commodore Say Tract on the CARL, lift for acquisition as it.promised. 9—.Z�9 P•2/Z Page Two April 3, 1995 .Howevort the,City of Miami, has tailed to keep its promise to proceed with the acquisition. As owriers Of the Commodore Bay Tract, we are third party beneficiaries to the Agreement and are entitled to make this demarA for it to be carried out. Ten yearn have al.apsed during which time enerm'Ousc tursds have been made available to the state and the City for this acquisition but the Agreement has -not been carried out to the detriment of the owners and the public. Having waited this long, we now respectfully dezand that n4cf0tiatidns for acquisition of the property commence within tan (10) days of the date of this Letter resulting in voluntary purchase or, if we cannot othetwiss agree on price and terms, than acquisition should ba completed by the firing of eminent domain procsadings pursuant to Chapters 73 and 74 v:C the Florida statutea within ninety (so) days of the date of this letter. in the event you do not proceed as requeated above, we shall -' proceed to seek such remedy as we deem best advised. Very txu yours, o and R. Scharli.n HRS/kds Enclosure cot Linda Shelley, secretary Department of Community Affairs Virginia Wetherall, Secretary Department of Environmental Protection Daxtar Douglas, 9squire General Counsel Office of the Governor S, -a A 2 9 IN THE CIRCUIT COURT OF THE SECOND JUDICIAL CIRCUIT, IN AND FOR LEON COUNTY, FLORIDA CIVIL DIVISION �� /73-0 CASE NO: FLA. BAR NO. 008767 KENNETH TREISTER, GERALD KATCHER and HOWARD SCHARLIN, Plaintiffs, vs. BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT FUND OF THE STATE OF FLORIDA, Defendant. i` COMPLAINT FOR DECLARATORY JUDGMENT, SPECIFIC PERFORMANCE AND IN3IP+FCTiV I RELIEF Plaintiffs, KENNETH TREISTER, GERALD KATCHER AND HOWARD SCHARLIN, hereby sue the Defendant, DEPARTMENT OF ENVIRONMENTAL PROTECTION on behalf of the BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT FUND and allege as follows: Jurisdictional Allegations 1. This is an action for equitable and declaratory relief, specifically for mandamus, injunction, specific performance and declaratory relief under Chapter 86 of the Florida Statutes (1985), all of which are within the jurisdiction of this Court. BRxoii.,-M MooRE GAYLORD SC1i1jSTr-1R & MERLIN 98-1229 y Case No. 2. Plaintiffs are owners of certain property in Dade County, Florida described in Exhibit "A" attached hereto, altemadvely known as the "Commodore Bay Tract" or the "Barnacle Addition" (hereinafter referred to as the "Barnacle Addition"). 3, Defendants, Board of Trustees of the internal Improvement Fund (hereinafter collectively "Trustees") is a governing board of the state created cinder Chapter 253, Florida Statutes, capable of being sued and maintaining headquarters in Leon County, Florida. General Allegations 4. On October 21, 1985, the Trustees entered into an "Agreement and Release of Deed Restriction and Reverter" with the City of Miami (hereinafter "City") whereby the Trustees would release certain deed restrictions imposed upon bayfront property located in Bayfront Park in downtown Miami which the Trustees had previously conveyed to the City, so that the City could validly lease portions of said downtown bayfront property to private interests for a commercial development known as "Bayside." Said October 21, 1985 agreement reciprocally required that the City, among other thin(.,s, acquire another bayfront property in the Coconut Grove area known alternatively as the "Commodore Bay Tract" or the "Barnacle Addition," owned by Plaintiffs upon its being listed on the State's Conservation and Recreational Lands (CARL) List and upon. the State's agreement to pay 50% of the purchase price. The October 21, 1985 "Agreement and Release of Deed Restriction and Reverter" (hereinafter "Agreement") 2 BR2GH.,—m MoORE GAYLoRD SCIIUSTER & MZRLIN 98-1229 1 Case No. is attached hereto and incorporated herein as Exhibit "B" . 5. Paragraph 9 of the Agreement provides that if the City fails. to perform under the terms of the Agreement, "the remedies of the Trustees shall be to enforce the provisions of this agreement against the City by proceedings at law or in equity by way of specific performance, mandamus, injunction or otherwise." 6. All conditions precedent to the acquisition of the Barnacle Addition by the Trustees and the City under the terms of the Agreement have occurred. The Trustees duly released the deed restrictions on the downtown Bayside Marketplace tract, placed the Commodore Bay Tract the State's CARL Iist in 1986 and committed the State to paying 50 010 of the purchase price on October 21, 1985. Yet, the Trustees have never enforced the Agreement to accomplish the acquisition of the Barnacle Addition. Count I —Mandamus 7. Plaintiffs re -allege paragraphs 1 through 6 above. 8. Because the Trustees entered the Agreement in the public interest; they have a clear legal duty to enforce its terms in order to accomplish the public interest objectives stated in the Agreement, among which was to "increase public access and enjoyment of Biscayne Bay." The provision requiring cooperative acquisition of the Commodore Bay Tract by the State and the City is specific and non -discretionary upon fulfillment of conditions precedent. 9. As citizens of the State and as owners of the subject property, Plaintiffs 3 BRIGiLo,m MooRm GAYLORD SGHUSTEFt & IIiERLI.\' Cave No. have a clear legal and constitutional right to performance of the provisions of the Agreement requiring cooperative acquisition of the Barnacle Addition by the State pursuant to the provisions and remedies of the Agreement. 10. Plaintiffs have no other adequate remedy at law to redress the harm done to them as a result of the Trustees failure to perform its duty under the Agreement. WHEREFORE, Plaintiffs pray that: A. This court issue a writ in mandamus pursuant to Rule 1.630 Fla. R. Civ.Pro. mandating that the Trustees shall immediately proceed to acquire the Barnacle Addition with due process of law upon deterntination of full compensation to the owner by a jury empaneled in this cause or by commencement of eminent domain proceedings pursuant to Florida Statute Chapter 74, with leave to iraplead the City and pursue contribution from the City for the acquisition in this cause or in a separate proceeding; B. This Court issue a writ in mandamus pursuant to Rule 1.630 F1a.R.Civ,Pro. mandating that the Trustees immediately enforce the provision of the Agreement requiring acquisition of the Barnacle Addition against the City pursuant to paragraph 9 thereof; and C. This Court grant whatever other relief it deems proper. Count li - Specific Le-rformannee 12. Plaintiffs reallege the allegations contained in paragraphs 1 through 11, 0 BRioiLoki MOonF- GAY LORD ScHusTER Se INIER.LIN 98-1229 above. Case No. 13, As owners of the Barnacle Addition, Plaintiffs are direct and intended third party beneficiaries of the Agreement between the Trustees and the City, actually and constructively. By its terns, the Agreement requires that the Barnacle Addition be acquired for the public, which under the laws of Florida, the Trustees are fully authorized to do by payment of full compensation with due process of law to the owners through eminent domain proceedings. 14, Additionally, Plaintiffs are actually and constructively direct and intended beneficiaries of the Agreement because of the extensive pre -agreement and post - agreement dealings among Plaintiffs, the State and the City. 15. To date, the Agreement has not been honored and kept by both the Trustees and the City by their failure to cooperatively acquire the Barnacle Addition under its terms and by failure of the Trustees to enforce ft Agreement against the City in the public's interest under paragraph 9 of the Agreement. 16. Plaintiffs have no adequate remedy at law to redress the failure of the Trustees to acquire the Barnacle Addition and/or enforce the Agreement against the City other than by specific enforcement, WHEREFORE, Plaintiffs pray that; A. This court find that Plaintiffs are directly intended beneficiaries of the Agreement entitled to specific performance thereof; and 5 BriSGIiA.i,i MooRn- GA]LORD SCIiUS'TFR &' MERIZ- .1 Case No, B. That this Court require the Trustees to immediately proceed to acquire the Barnacle Addition with due process of law upon determination of full compensation to the owners by jury empaneled in this cause or by commencement of eminent domain proceedings under Chapter 74, Florida Statutes, with Ieave to implead the City and pursue contribution from the City for the acquisition in the same or separate proceeding; or C. This Court grant whatever other relief it deems proper. Count M - Declargtory and Injunctive Relief 17. Plaintiffs reallege paragraphs I through 6 and 13 through 15, above. 18. Plaintiffs allege that they are entitled to a declaration of their rights under the Agreement pursuant to Chapter 86, Florida Statutes (1985), and to any equitable or supplemental relief necessary to effectuate the fulfillment of those rights, including but not limited to injunctive relief. WHEREFORE, Plaintiffs pray that: A. This court declare that Plaintiffs are directly intended beneficiaries of the Agreement entitled to specific performance thereof, or in the alternative, the Plaintiffs have rights to fulfillment of terms of the Agreement requiring acquisition of the Barnacle Addition as citizens and taxpayers; and accordingly, B. That this Court require the Trustees to immediately proceed to acquire the 0 BRIGiiA1+4 1�ZUORE Cr,-YLORD SCHUSTEFt ' NIERLIX Case No. Barnacle Addition with due process of law upon determination of full compensation to the owners by jury ernpaneled in this cause or by conunencernent of eanment domain proceedings under Chapter 74, Florida Statutes, with leave to implead the City and pursue contribution from the City for the acquisition in the same or separate proceeding; or C. This Court grant whatever other relief it deems proper. BRIGHAM, MOORS, GAYLORD, SCH'JSTER MERLIN &. TOBIN Attorneys for Plaintiffs 203 S.W. 13 Street Miami, Florida 33131 (305) 858-2400 7 9s-i449 I EG.A! DESCRJFMO'\ (Continued) thence run South 46031'09" E2st along the last described line a distance of 1227.99 feet to me face of bullhead on Biscayne Bay; thence run Northeasterly, Easterly and. Southeasterly along the face of said Bulkhead a --id meandering the shore line of Biscayne pay for a distance of 310 feet, more ore less to the Southerly boundary line of said Tract A; thence run South 46°32'02" East along the last described line a, distance of 30 feet, more or less, to the POINT OF BEGINNING. 'The subject parcel can also be described as: Beginning at the point of intersection of the Southerly boundary line of Tract "A" and the U.S. Harbor Line of Biscayne Bay as shown on the plat thereof entitled "THE C.W. EMERSON 'TRACT IN COCONUT GROVE, CM OF MLkVII, DADE COU",N7T-Y, FLA.", as recorded in Plat Book 35 at Page 61 of the Public records of Dade County, Florida; thence N 34059,44" E along said U.S. Harbor Line for a distance of 66.75 feet to a point, thence N 46`25' 53" W along the Northerly boundary line of said Tract "A" for a distance of 846.10 fee: to a point; thence S 43'34'07" W for a distance of 66.00 feet to a point on the Southerly boundary line of said Tract "A"; 1':.ne of said Tract "A" for a Gist nce of approximately 856.05' to the Point of Beginning; and containing 56,170 so. ft. more or less, AND Lot 7, MONROE PLAT, as recorded in Deed Book "D" at Page 253 of the Public Records of Dade County, Florida; lying and being in the Southeast Quarter of"Fractional Section 21, Township 54 South, Range 41 East, Dade County, Florida, EXCEPTING THEREFROM THE FOLLOVti'ING : Beginning at the point in the Northeast boundary line of Lot 7, of the Subdivision of Lot 1, in Section 21, Township 54 South, Range 41 East, in Dade County, Florida, as shown on the Plat recorded in Deed Book on Page 253, of the records of said Count}, where said lire intersects the center line of Lbe County Road leading from Miarr:i to Cutler; thence South 4 5° East along said line, which is also the Sou :hwest boundary of a lot formerly ov.rned by Charles Montgomery 467 feet to a point 25 feet beyond Uhe corner between the said Montgomery lot and the lot heretofore conveyed bv j.`►V. Frov%r to Frank H. }caner. and Evel�rr M. Kanen, his vvife; thence south 45° %eSt 10 feet; thence North 45° '.test 467 feer to th,e center line of above Road; thence North 4S° East along said center line 10 feet to the point of Beginning. .AL D SCRI r T1fJ� (Continued) ALSO F-XCRPT, Twat part of Lot 7 of MONROE PLOT as per Plat thereof recorded in Deed Book "D", at Page 253, of the Public Records of Dade County, Florida, lying Northvlest of the County Road, the said parcel of land being also described as follows: Beginning at a pipe set in cement ;..arking the location of the lightwood stake set as marling the most Northwesterly corner of said Lot 7; thence South 45" East 634 feet, more or less, to the center line of County Road (Dixie Highway) which line is marked by a pipe set in cernent 35 feet from center line of said Road; thence Northeasterly along the said center line of said County Road 76.S7 feet; thence North 450West, paralleling the Southwester)), line of said Lot 7, 460 feet, more or less, to a pipe set in cement in the South lip.e of Grand Avenue ,1hich pint is East of the Point of Beginning; thence West 253 feet more or less, to Point of Beginning; ALSO EXCEPT, that portion of Lot 7 of MONRCE PLAT, as per Plat thereof recorded in Deed Book "D", at Page 253, Public Records of Dade County, Florida, conveyed by jack R. Gardner, et al, to THE CITY OF MLA_MI, a municipal corporation, by deed dated August 8, 1947, recorded in Deed Book 2913, Page 237, of the Public Records of Dade County, Florida. 98-1"'99 AGREEMENT A_N:) RELEASE Or DEED RESTRICTION'S AVD RSVESTER AGREEMENT made and entered into this day cf October, 1985, by and between the BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA ("TRUSTEES") and the CITY 0_ MIAMI, a municipal corporation of the State of Florida ("CITY"); WHEREAS, the TRUSTEES conveyed to the CITY certain lands adjacent to Bdy:ront lark as ►sore particularly described in Deed No. 19447, rscerded in Deed Book 3130, at Page 257, in the Public Records of Dada County; and WH?EIREAS, the above- described deed contains certain roatrictiona, as set forth herein, regarding the use and develop- ment of such lands; and WIiEREA3, a portion of the above described lands is included within an area that the CITY has leased for the develop- ment of a %waterfront specialty center to be known as Bayside Specialty Centerr and 14HEREA9, the CITY wiahss :he property described -in Exhibit A attached hereto and made a part hereof to be released from the aforementioned daed'res:rictions; and WHEREF.S, the TRUSTEES find that increased public access and enjoyment of Biscayne Bay and the Miami River is desirable; and WHEREAS, the TRUSTEES and the CITY desire to establish a mechanism to enhance public access to CITY waterways, NOW THEREFORE, the parties in consideration of tha mutual promises and covenants contained herein, agree as follows: 1. The TRUSTEES hereby release the property which is described in ;exhibit A attached hereto and made -a part hereof from the following restrictions and reverters met forth in that certain. Deed from the TRUSTEES in favor of the CITY OF MIAMI, dated February 24, 1947 and recorded in Deed Book 3130, Page 257, of the Public Records of Dade County, Florida, to wit, Composite Exhibit "8" 9$-1.449 PROV.T.DXw, HOWEVER, anything herein to the contrary notwithstanding, this dead is given and granted upon the express condition subsequent that the Qrantee herein or its successors and assigns shall never aell or convey or lease the above described land or any part thereof to any private person, firm or corporation for any private use or purpose, it being the intention of this restriction that the said lands shall be used solely for public purposes, including municipal purposes and not otherwise. PROVIDED, HOWEVER. anything herein to the contrary notwithstanding, this deed is, given an4 granted upon the further express condition subsequent that the Grantee herein or its successors or assigns shall not, give or grant any license or permit to any private person, firm or corporation to construct or make by any means, any islands, till, embankments, structures, buildings or other similar things within or upon the above described lands or or any part thereof for any private use or purpose, as distinguished from any public or municipal use or purpose. It is covenanted and agreed that the above conditions subsequent shall run with the land and any violation thereof shall render this deed null and void and the above described 'Lands shall, in such event, revert to the Grantors or their successors. The term of this release of reatrictione and raverter shall coincide with the original term and the renewal options contained in that certain lease between the CITY And Saysids Center Limited Partnership, dated January 14, 1985 (hereinafter referred to as "Retail Parcel Lease") together uitn all replace meats, substitutions, renewals, madificationa and extensions thereat, a copy of which is on rile at the Oi °ice of the City Clerk. The Trustees recognize that the title to the property desoribed in Exhibit A is presently vested in the City. 2. The CITY shall forthwith establish the Biscayne Say/Miami River Land Acquisition Trost Fund (":'RU5T,FUND11) as an ongoing source of funds to purchase real property -adjacent to the Miami River and Biscayne Bay in order to provide public acces's to and public enjoyment of those waterbodles. 3. The Trust Fund shall be funded from a portion of rents received, by the CITY pursuant to the Retail Parcel Lease. Annually, the CITY shall pay into the Trust Fund 7.4* of "Rental" 'r� C_� P.16 as defined in section 2.5 of the Retail Parcel Lease, ouch annual payments to bo%i,n upon the first anniversary of the rent commencement date. 4. The CITY shall develop a priority list of proposed acquisitions of,lands within the corporate limits of the CITY adjacent to Biscayne Bay or the Miami River. The purpose of the priority list is to identify lands suitable for public enjoyment and recreation and preserve for all time public acasa to CLTY waterways. The priority list of proposed acqui.aitions shall be sunjeez to TRUSTEE apPrcval. The first acquisition shall be the barnacle Addition in Coconut Grove commonly riferred to as the "Commodore Bay Tract", provided, however, that the CITY will not be required to purchase the aarnacle.Addition unless the Selection Committee places said property on the Conservation and and Recreational Lands (CARL) or Save Our Coast acquisition lists and th'e state than agrees to pay 50t of the purchase price of the property. S. rn the event the Trust Fund does not contain Out-- ficient funds to pay for Sot of the purchase price of the Barnacla Addition, the, CITY and the State shall enter into an agreement pursuant to which the State will advance the necessary 1un4s for the purchase to the CITY and the CITY will reimbur$a r the State for the amount advanced plus interest at an annual interest race equal to the average interest rate of State invested funds; provided, however that no interest shall accrue until after five years from the data said funds are advanced. b, in the event the CITY receives monies !ram the state for the acquisition of the Barnacle Addition as sat forth h in paragraph 5 hereinabove, then the CZTY's- required contribu- tions to the TRUST FUND shall increase to an amount equal to 17.81 of the Rental received from the Retail Parcel Lease, and its contributions to tha TRUST FUND shall continue at such increased rate until such time as both the principal and interest are paid oft, at which time the percentage payments to be made by the CITY to the TRUST FUND shall to reduced to 7.41 of the Rental received from the Retail Parcel Lease. 3 7. Monies from the TRUST FUND shall be expended only for actual costa of acquiring protects on the priority List and improvements on landa so acquired. Improvements shall include the following: shoreline enhancement, landscaping, erosion control, boardwalk and ancillary park furniture, fishing piers and docks and conservation measures. a. The CITY and the TRUSTEES,eoveuant that none of the revenues generated pursuant to paragraph (3) above shall supplant any or all funds budgeted or to be budgeted by the CITY or the STATE for acquisition and :maintenance or parks and recreational projects within the CITY. , 9. In the event the CXTY retuaae or fails to perform any agreement or covenant contained herein, the release of restrictions and reverter contained in paragraph one of this agresment shall not terminate but $hall remaLn in full force and eftsct acid the ramedies of the TRUSTEES shall be to enforce the provisions of this agreement against the CITY by proceedings at law or in equity by way of spscifio performance, mandamus, injunction or otherwise as may be appropriate. IN WITNESS WHERROF, the BOARD OF TRUSTEES OF THE INTERNAI+ IMPRCVLMENT TRUST FUND OF THE STATE OF FLORIDA and the CITY OF MIAMI have hereunto subscribed their hands and gffixed their seals on the day and year first herainab ve written. t rovform liNgnity SXNDAMX, SR. ISevin X. Xata ive Director of the General Counsel Dept. of Natural Resources ON BEHALF OF Tfis BOARD or TRUST=a OF 'r= II TZRWAL IMPROVEMENT TRUST FUND A S Ma y HIral, CLty CLerk Approve s o Form and Co a n uo a Alletr Dougherty, City Attorney 4 r e City 4of Klami , a mun cipa corporation of the state of Florida By: Sergio Fore ra, CitQn gar �2) �. � d e-i-c�► I� rc i c: c�.� � r� lO l c). n = -E-a�► n� �- ac t- � r J Y) � r, �-�� 1 t e to co.-� c� n-1-e.c�llr� ► �eS , fr��q h o n cnco', (c c,c� re ( o I b ` t m Y CIV t G.pp ro U G P t' [" -�o 1 -6-tt- ; em o U 0.� ?-e-A- m + � . (J -[A e- 4� e. p m Posed 4-0 be I o c o-� w 4E n 4 c- �jarnrneck. C,-rt.a 5l!.,.a,11 &— Lnsf-o Ifed b� hated les5c'n lnA?CLC;k-> 41r-> -�k2 rock -gar►-n0.fio r1 _ k -H'ee5 ra ec -:,� �nr re.lo ca:h 6 rn 1 n+o -41e- V\aM moc k 0.re4 Shall only be plan-�8 Ire cure,Q�; oe T\O- -hor and+D �t - u b5-E- ctctk can lm i (\,i m a l . aeptican� s1\aII +O k DG7Rrn up on 4ei'Y- a�e�r -� Pro of e (su e 5 i -fie. ha m moc k. re*(-Ci 4 o n . Shou►d be 34Ca3- 3571 YYiokn 44iof hwo j 98-i429