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HomeMy Public PortalAbout15-9098 CONSIDER THE REQUEST OF TOWERCOM LLC FOR APPROVAL Sponsored by: City Manager RESOLUTION NO. 15-9098 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, TO CONSIDER THE REQUEST OF TOWERCOM LLC, FOR APPROVAL OF A DEVELOPMENT AGREEMENT TO CONSTRUCT A 100 FEET STEALTH CELLULAR TOWER DISGUISED AS A FLAGPOLE AS SHOWN IN THE SITE PLAN, AT 490 ALIBABA AVENUE, OPA LOCKA, FLORIDA 33054, ALSO IDENTIFIED BY FOLIO NO. 08-2121-005-0440; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, On July 7th, 2015, the City of Opa-locka Planning Council recommended approval of the attached Development Agreement of Towercom LLC to construct a cellular Tower to be located at 490 Ali Baba Avenue, contingent upon compliance with staff recommendations; and WHEREAS, the Development Agreement is attached as Exhibit "A" and incorporated by reference herein; and WHEREAS, the City Commission of the City of Opa-locka desires to approve the Development Agreement. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA: Section 1. The recitals to the preamble herein are incorporated by reference. Section 2. The City Commission of the City of Opa-locka hereby approves the Development agreement attached as Exhibit "A" for Towercom to construct a cellular tower at 490 Ali Baba Avenue, consistent with the Site Plan and staff recommendations. PASSED AND ADOPTED this 14th day of October, 2015. Resolution No. 15-9098 AI MY'A TAYLOR MAYOR Attest to: Approved as to form and legal sufficiency: Jos nna Flores BROWN LAW GROUP LLC fly Clerk City Attorney Moved by: VICE MAYOR HOLMES Seconded by: COMMISSIONER PINDER Commission Vote: 5-0 Commissioner Pinder: YES Commissioner Kelley: YES Commissioner Santiago: YES Vice-Mayor Holmes: YES Mayor Taylor: YES MIAMI HERALD I MiamiHerald.com ND SUNDAY,SEPTEMBER 13,2015 I 13ND • 2015 Miami-Dade Economic Advocacy Trust presents CITY OF OPA-LOCKA,FLORIDA MDEAT Building Community Relations through NOTICE TO THE PUBLIC PNOTICE IS HEREBY GIVEN that the City Commission of the City of Opa-looka,Florida will hold public hearings at its Regular Economic Partnerships arts t s Is coca to attend Commission Meeting on Wednesday,September 23,2015 at 7:00 p.m.in the Auditorium at Sherbondy Village,215 President Batack public Obama(Pervin)Avenue,Opa-locka,Florida to consider the following items: Summit The Summit will examine new ideas,develop RESOLUTIONS/PUBLIC HEARINGS, strategies,and shape an equity agenda for A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA TO CONSIDER THE Miami-Dade County to transform the economic REQUEST OF SUNSHINE RECYCLING SERVICES,FOR SITE PLAN APPROVAL OF A TRUCKING OPERATION,WHICH INCLUDES OFFICE,VEHICLE MAINTENANCE,VEHICLE PARKING AND condition of the Targeted Urban Areas(TUAs). EQUIPMENT STORAGE AS SHOWN IN TILE SITE PLAN,AT 12980 NW 30TM AVENUE,OPA-LOCKA, FL 33054,ALSO IDENTIFIED BY FOLIO NO.08-2128-002-0100;PROVIDING FOR INCORPORATION Friday,September 18,2015 0 Bau practices In Juvenile justice;advancements In OF RECITALS;PROVIDING FOR AN EFFECTIVE DATE, homeownership;success strategies In small business A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA TO CONSIDER THE 8:00 a.m.—4:00 p.m. development REQUEST OF TOWERCOM LLC,FOR SITE PLAN APPROVAL TO CONSTRUCT A 100 FEET STEALTH Miami Dade College—Wolfson © Overview of economic development inn!' in the Targeted CELLULAR TOWER INSTALLATION DISGUISED AS A FLAGPOLE AS SHOWN IN THE SITE Campus Urban peas PLAN,AT 490 ALI BABA AVENUE,OPA-LOCKA,FLORIDA 33054,ALSO IDENTIFIED BY FOLIO 300 N.E.2 Avenue © &care Areas with local leaders and community residents NO.OS-2121-005-0440,PROVIDING FOR INCORPORATION OF RECITALS;PROVIDING FOR AN regarding concerns In the areas of economic development, EFFECTIVE DATE. James K.Batten Room,#2106 housMg,and youth development A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA TO CONSIDER (Red roam across from McDonald's) THE REQUEST OF TOWERCOM LLC,FOR APPROVAL OF A DEVELOPMENT AGREEMENT Miami,FL 33132 Special Cued Speakers TO CONSTRUCT A 100 FEET STEALTH CELLULAR TOWER INSTALLATION DISGUISED AS A Free parking at 500 N.E.2 Avenue. T.Willard Fair Is President and Chief Executor Officer of FLAGPOLE AS SHOWN IN THE SITE PLAN,AT 490 ALl BABA AVENUE,OPA-LOCKA,FLORIDA Advise garage staff of your 33054,ALSO IDENTIFIED BY FOLIO NO.08-2121-005-0440;PROVIDING FOR INCORPORATION OF attendance at event. the Urban League of Greater Miami,Inc.,Chairman of the RECITALS;PROVIDING FOR AN EFFECTIVE DATE. �x`µ of the Miami Business Foundation Form Board d f Directors,and member Continental breakfast of the Miami Business Forum Beard of Directors. Additional information on the above items may be obtained in the Office of the City Clerk,780 Fisherman Street,4.Floor,Opa-locka, and lunch available Luther Campbell is an entrepreneur,record label owner, Florida.All interested persons are encouraged to attend these meetings and will be heard with respect to the public hearings. In accordance with the Americans with Disabilities Act of 1990, din I accommodations to participate in the producer,snewr,and rap singer.o Pick m up a copy of person needing specs pa p Campbell's new best-selling hook on Amazon titled The Book proceeding should contact the Office of the City Clerk at(305)953-2800 for assistance no later than seven(7)days prior to the of Luke:My Fight far Truth,Justice,and Liberty City at the proceeding If hearing impaired,you may telephone the Florida Relay Service at(800)955-8771(TTY),(800)955-8770(Voice), For more information Or t0 hook-signing session. 077)955-8773(Spanish)or(877)955 8707(Creole). PIRSUANTTO FS 2s50004A h devire,v appeahmy decision made many board agenry or commis5um loth rep any mutter considered RSVP by Monday,September such neenng orheanng will need rerun( the dings,aruljr Mar mason,may need to amure h htim record/h p 'eedioco is nude, 14,2015,contact MDEAT MDEAT ouehre,ord,Blade,rhereremonyandr,i denceaponwhichtheappealma ybebased at 305-375-5661 or 111 NW 1ST,Sub 2092 Mimi,FL 33128 JOANNA FI.ORES,CMC 905.075.5.51 aalAldtuswtMlaalllyd CITY CLERK MDEAilnlo @mismidade.gov. e'ew,,ma.a.eo4teanomlaAB,amTmn au,.,r,,....n.ro,,me..,,. CITY OF HIALEAH GARDENS PUBLIC NOTICE NOTICE is hereby given that a PUBLIC HEARING will be held in the City Council Chambers at 7:30 p.m.,Tuesday,September 22,2015,at which time the following ordinances will be considered for final adoption.The proposed ordinances may be read at Hialeah Gardens City Hall,City Cleric's Office.All interested parties are urged to attend the meeting and be heard. PUBLIC HEARING BUDGET ORDINANCES ORDINANCE OFTHE CITY OF HIALEAH GARDENS,FLORIDA,ADOPTING A MILLAGE RATE FORTHE FISCALYEAR COMMENCING OCTOBER 1,2015 AND ENDING SEPTEMBER 30,2016, AT 5.1613 MILLS,WHICH IS AN INCREASE OF 9.61%OVER THE ROLL BACK RATE SO AS TO PROVIDE THE NECESSARY REVENUE TO MEETTHE DETERMINED BUDGETARY NEEDS OF THE CITY OF HIALEAH GARDENS,FLORIDA;PROVIDING FOR EFFECTIVE DATE. ORDINANCE OF THE CITY OF HIALEAH GARDENS,FLORIDA,ADOPTING THE ANNUAL BUDGET FOR THE GENERAL FUND FOR THE FISCALYEAR BEGINNING OCTOBER 1,2015 AND ENDING SEPTEMBER 30,2016;PROVIDING FOR SEVERABILITY;PROVIDING FOR EFFECTIVE DATE. ORDINANCE OFTHE CITY OF HIALEAH GARDENS,FLORIDA,ADOPTING THE ANNUAL BUDGET FORTHE PUBLIC SAFETY IMPACT FUND FORTHE FISCALYEAR BEGINNING OCTOBER 1,2015 AND ENDING SEPTEMBER 30,2016;PROVIDING FOR SEVERABILITY;PROVIDING FOR EFFECTIVE DATE. ORDINANCE OFTHE CITY OF HIALEAH GARDENS,FLORIDA,ADOPTING THE ANNUAL BUDGET FORTHE STORM WATER UTILITY FUND FORTHE FISCALYEAR BEGINNING OCTOBER 1,2015 AND ENDING SEPTEMBER 30,2016;PROVIDING FOR SEVERABILITY;PROVIDING FOR EFFECTIVE DATE. ORDINANCE OFTHE CITY OF HIALEAH GARDENS,FLORIDA,ADOPTING THE ANNUAL BUDGET FORTHE STREETS AND ROADS FUND FORTHE FISCALYEAR BEGINNING OCTOBER 1, 2015 AND ENDING SEPTEMBER 30,2016;PROVIDING FOR SEVERABILITY;PROVIDING FOR EFFECTIVE DATE. ORDINANCE OF THE CITY OF HIALEAH GARDENS,FLORIDA,ADOPTING THE ANNUAL BUDGET FOR THE WATER AND SEWER DEPARTMENT FOR THE FISCAL YEAR BEGINNING OCTOBER 1,2015 AND ENDING SEPTEMBER 30,2016;PROVIDING FOR SEVERABILITY;PROVIDING FOR EFFECTIVE DATE. ORDINANCE OF THE CITY OF HIALEAH GARDENS,FLORIDA,ADOPTING THE ANNUAL BUDGET FOR THE CITIZEN'S INDEPENDENTTRANSPORTATIONTRUST FOR THE FISCALYEAR BEGINNING OCTOBER 1,2015,AND ENDING SEPTEMBER 30,2016;PROVIDING FOR SEVERABILITY;PROVIDING FOR EFFECTIVE DATE. In accordance with the Americans with Disabilities Act of 1990.persons needing special accommodation to participate in this proceeding should contact the City Clerk's office no later than four days prior to the proceeding.For assistance,the City's telephone number is(305)558-4114;if hearing impaired the telephone for the Florida Relay Service is(800)955-8771(TOD)or(800)955-8770(VOICE) Maria L.Jaffee,City Clerk 2ND Neighborhood News 1 NEIGHBORS 1 SUNDAY OCTOBER 42015 MIAMIHERALD.COM os October means bazaars, or-treating. building Army at various formal benefit Miami Children's will run through Nov.28. Army at various formal Museum's educational The museum is located at events. craft fairs and pumpkins programs 285 Aragon Ave. Though required is free, For information about the The exhibit will feature tickets are requirired and are event,call 305-373-5437 or photographs that showcase available at smdac.org.For visit miamichildrens the work of Anne Morgan's more information,call It's almost time for fall's the Little Farm trailer park begin at 9:30 a.m.,Oct.15. museum.org. American Committee for 786-573-5300. community bazaars,craft at 3 p.m.at Village Hall, Applications for"New& Devastated France,which fairs and pumpkin patches. 500 NE 87 St.,on Monday. Emerging Artist"will be HIALEAH:]OPERA VIVA, was a group of women who YOGA SCHOOL OFFERS Neighbors will publish its The purpose of the work- reviewed over both days. VIVA OPERA! worked toward providing FREE SESSIONS annual guide to events and shop is to bring relocation For more information,visit The Florida Grand Opera international relief to coun- AUM hOMe Shala,a yoga gatherings in Miami-Dade resources and contacts to cgaf.com. and the City of Hialeah will ter the devastation of World school in Coconut Grove, on Oct.18. the residents of the trailer host"!Opera Viva,Viva War I in France. will hold free training for To be included,send park.For more information, MIAMI:FAMILY Opera!"—part of the Opera For information,visit yoga teachers,yoga ther- information with event call 305-795-7880. HALLOWEEN BASH in Hialeah series—at 7 p.m. coralgables museum.org. apists and anyone interested dates,times,addresses and Miami Children's Mu- Oct.23 at the Milander in working with those diag- any admission costs by JURYING PROCESS FOR sewn will host the"Not So Center for Arts and Enter- SOUTH DADE:CONCERT nosed with Parkinson's Wednesday to Christina GROVE ARTS FESTIVAL Scary Family Halloween tainment,4800 Palm Ave. BY U.S.ARMY BAND disease and other neuromo- Mayo at christinam- The Coconut Grove Arts Bash"from 1 to 5 p.m.Oct. The concert will include The South Miami-Dade tor degenerative diseases. mayo @gmail.com.Be sure festival will hold its jurying 18 at 980 MacArthur Cswy. scenes from the Florida Cultural Arts Center will The series is being funded to list details about the fun process to select artists for on Watson Island.Tickets Grand Opera's upcoming host a free concert by the by the National Parkinson activities,interesting items the 2016 festival on Oct.14 are$40 for nonmembers or productions performed by internationally acclaimed Foundation in hopes of and yummy homemade and Oct.15 at the Festival $30 for members,and faro- members of the Florida Concert Band&Soldiers' providing education for food for sale. Offices at 3390 Mary St. ily packages are also avail- Grand Opera's Young Artist Chorus of the U.S.Anny yoga therapists while empo- Suite 128. able. Program.Coral Gables: Field Band on Oct.29. wering and improving the HELP FOR TRAILER PARK Jurying for two-dimen- The Halloween bash will 'American Women Rebuild- The Concert Band& quality of life for those with RESIDENTS sional art will begin at 9:30 include pumpkins,a haunt- ing France' Soldiers'Chorus have per- Parkinson's disease. El Portal will be hosting a a.m.Oct.14,and jurying for ed house,a mad scientist The traveling exhibit formed in all 50 states and For more information, workshop for residents of three-dimensional art will lab,face painting and trick- "American Women Re- 30 foreign countries and visit aumhomeshala.org. 1G'it CITY OF OPA-LOCKA,FLORIDA NOTICE TO THE PUBLIC NOTICE IS HEREBY GIVEN that the City Commission of the City of Opa-locka,Florida will hold public hearings at Ss Regular Cormmiscioo Meeting on Wednesday,October 14,2015 at 7:00 p m.in the Aodltonum at Sherbondy Village,215 President Barad Obama(Perm)Avenue, Opa-locka Flonda to wnsidcr the following items' SECOND READING ORDINANCE/PUBLIC HEARING: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,FLORIDA,TO REPEAL THE CURRENT LAND DEVELOPMENT REGULATION,THE ZONING GUIDE,ORDINANCE NO.86-S IN ITS ENTIRETY,REPLACING IT WITH THE ADOPTION OF THE CITY'S PROPOSED LAND DEVELOPMENT REGULATION(CDR)/ZONING CODE AND THE PROPOSED ZONING MAP;PROVIDING FOR THE REPEAL OF ALL OTHER CODE PROVISIONS AND ORDINANCES INCONSISTENT WITH THIS ORDINANCE;PROVIDING FOR SEVERABILITY AND CODIFICATION;PROVIDING FOR AN EFFECTIVE DATE(first reading held on September 28,2015). RESOLUTIONS/PUBLIC HEARINGS: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA TO CONSIDER THE REQUEST OF SUNSHINE RECYCLING SERVICES,FOR SITE PLAN APPROVAL OFA TRUCKING OPERATION,WHICH INCLUDES OFFICE,VEHICLE MAINTENANCE,VEHICLE PARKING AND EQUIPMENT STORAGE AS SHOWN IN THE SITE PLAN,AT 12980 NW 301n AVENUE,OPA-LOCKA,FL 33054,ALSO IDENTIFIED BY FOLIO NO.08-2128-002-0100; PROVIDING FOR INCORPORATION OF RECITALS;PROVIDING FOR AN EFFECTIVE DATE. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA TO CONSIDER THE REQUEST OF TOWERCOM LLC,FOR SITE PLAN APPROVAL.TO CONSTRUCT A 100 FEET STEALTH CELLULAR TOWER INSTALLATION DISGUISED AS A FLAGPOLE AS SHOWN IN THE SITE PLAN,AT 490 ALI BABA AVENUE,OPA-LOCKA,FLORIDA 33054,ALSO IDENTIFIED BY FOLIO NO.08-2121-005-0440,PROVIDING FOR INCORPORATION OF RECITALS;PROVIDING FOR AN EFFECTIVE DATE. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA TO CONSIDER THE REQUEST OF TOWERCOM LLC,FOR APPROVAL OF A DEVELOPMENT AGREEMENT TO CONSTRUCT A 100 FEET STEALTH CELLULAR TOWER INSTALLATION DISGUISED AS A FLAGPOLE AS SHOWN IN THE SITE PLAN,AT 490 ALI BABA AVENUE,OPA-LOCKA,FLORIDA 33054,ALSO IDENTIFIED BY FOLIO NO.08-2121-005-440;PROVIDING FOR INCORPORATION OF RECITALS;PROVIDING FOR AN EFFECTIVE DATE. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,FLORDIA TO CONSIDER THE REQUEST OF JOSEPH AND CINDY BARTON,FOR SITE PLAN APPROVAL OF AN EXISTING STRUCTURE'S PARKING I,OT, AND LANDSCAPE AT 14495 NW 22 AVE,OPA-LOCKA,FL 33054,ALSO IDENTIFIED BY FOLIO NO.08-2122-005-1120;PROVIDING FOR INCORPORATION OF RECITALS;PROVIDING FOR AN EFFECTIVE DATE. Additional miormanon on the above items may be obrammi In the Once of the City Clerk,780 F)hemmn Street,4'Fioor,Opa locka Fonda.All interested persons are encouraged to attend these meetings and will be heard wish respect to the pubic heanngs. In accordance wilt the Americans with Oisablltnee Aet of 1490,persons needmg ape.'acmmmodanons to patImmate in the proceeding should comzcr the Office of the(sty Clerk et(301)09-2800 for 600050,00 no later than amen(71 days pnor to theproceedmg.If hang imaited you ma,telephone the Ronda Relay Service;at (800)9,-0771(TTY),(8001951 177D(Voice),(8 77)90 58773 1 Spanish)or/8771910-0707(Creole). PURSUANT TO FS 216.0105:nntune who desires w appeal too damson made 07 00)heard agency to eamoosoon loth roper matter emvdered at.ea.A meeting or hearing roll need a moon/of the proceedlrgs.and for that motor a.need to emu,that a verbaron retard at h proceeding it made,ohr10 record includes the wormery and evidence upon ohrcA tar appeal may be bated JOANNA FI.ORES,CMC CITY CLERK ,O oQp-17° 9 j ��O 20! SEP 16 PM 4: 12 p. ��.'� RECEIVED °aqp _ 9" OR/�SE CITY OF CPA LOCKA CITY CLERK City of Opa-Locka Agenda Cover Memo Commission Item Type: Resolution Ordinance Other Meeting Date: September 23, 2015 (EnterX in X box) Ordinance Reading: 1st 2nd Reading Yes No (Enter X in box) Reading Fiscal Impact: (Enter X in box) Yes No Yes No X Public Hearing: (Enter X in box) X X Funding Source: (Enter Fund& Dept) Advertising Requirement: Yes No N/A N/A (Enter X in box) X Contract/P.O. Yes No Required: X RFP/RFQ/Bid #: N/A (Enter X in box) Yes No Strategic Plan Priority Area Strategic Plan Obj./Strategy: Strategic Plan Enhance Organizational El Related Bus. & Economic Dev • N/A (Enter X in box) X Public Safety I= Quality of Education CI Qual. of Life & City Image• Communication 0 Sponsor Name City Manager Department: Community Development Short Title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA TO CONSIDER THE REQUEST OF TOWERCOM LLC, FOR APPROVAL OF A DEVELOPMENT AGREEMENT TO CONSTRUCT A 100 FEET STEALTH CELLULAR TOWER INSTALLATION DISGUISED AS A FLAGPOLE AS SHOWN IN THE SITE PLAN, AT 490 ALI BABA AVENUE, OPA-LOCKA, FLORIDA 33054, ALSO IDENTIFIED BY FOLIO NO. 08-2121-005-0440. Staff Summary: Upon the request of the applicant "Towercom" to construct a uni-pole cellular tower at 490 Alibaba Avenue, Opa-locka, Florida 33054, also identified by folio number 08-2121-005-0440. Pursuant to article 4.16 of the City's Land Development Regulations/Zoning Code "Ordinance No. 86-8". It is required for the applicant to submit simultaneously with an application for 1 development order (Site Plan), an acceptable Developer Agreement. The agreement shall be consistent with Florida Statute 163.3220. In addition to the Florida Statute requirements,the agreement shall include provisions to guarantee, but not be limited to the following items: - All impacted public facilities shall be adequate to serve the site at an acceptable level of service (L.O.S.) prior to receiving a Certificate of Occupancy; - The applicant agrees to abide by and not deviate from the terms of its graphic and verbal presentation submitted to the City Commission in order to receive a Development Order. Such items include, but are not specifically limited to; o A. Design of all physical structures,water bodies, private and public improvements. o B.The color and dimensional characteristics of all building materials. - The applicant shall submit annual reports and additional documentation as required by the City Commission in its development order to verify"on-going"compliance with its development order; - Subsequent to receiving a development order the design of all structures, materials and colors included in the applicant's documentation shall not be physically altered or substituted.The burden shall be on the applicant to prove that the material or color is no longer available; - A schedule of construction phasing,and construction timeline;form securing permits to completion of Project; - Owner shall strive to employ qualified residents from the City of Opa-locka to work at the Property (prior to and after construction). In order to accomplish this task the Owner shall coordinate with the City of Opa-locka and the Career Source of South Florida Office located in the City in accordance with the Memorandum of Understanding between the City of Opa-locka and Career Source; - Owner shall also encourage all contractors and subcontractors to employ Opa-locka residents through the assistance of the Career Source South Florida office in coordination with the City of Opa-locka and in accordance with the Memorandum of Understanding between the City of Opa-locka and Career Source; - Any service impact mitigation measures to which the applicant has committed, etc. The submitted Development Agreement has been reviewed by the Planning and Community Development Department under the guidance and recommendations of the City Attorney and/or his Designee, and has been found legally sufficient by both parties' legal reviews. The subject property has a Zoning Designation of 1-3 (Industrial Planned Development). The proposed use is classified as Telecommunication which is a permitted use within the said zoning district. Pursuant to the requirements of the Land Development Regulations/ Zoning Code for Planning Council Application regarding Developer Agreement Review process and procedurals. The applicant submitted their application for Planning Council review of the Development Agreement on May 13, 2015, and satisfied the requirement deadline for submission by May 22nd, 2015. The above mentioned items are sensitive matters that the Planning and Community Development Department took under consideration as part of our review and ensure that these measures are complied with pursuant to the Florida Statute, City of Opa-locka Code of Ordinances and Zoning Code: The Planning and Community Development Department submitted the titles of Notice for advertisement to the City Manager for approval to be advertise by the City Clerk within at least the minimum required time period, prior to the Planning Council meeting date in accordance with the city's public hearing notice of advertisement requirements. This item is also subject to the City Commission's public hearing notice of advertisement requirements. This request was presented to the Planning Council on Thursday, July 07th, 2015. At this meeting, the Planning Council recommended approval of this Development Agreement along with the recommendations made by city staff. ■ The Planning Council recommendation to approve the applicant's request, along with staff recommendations within the Staff Report was approved by a 3 - 1 votes. 2 Proposed Action: - Staff has recommended approval for this project Attachments: Planning Council Application: Developer Agreement Developer's Agreement Documentation Planning Council Meeting Minutes 07-07-2015 Site Plan Staff Report Attached Architectural Site Plan Set 3 OQp.%oekQ,. ti Oi OpAOR[gip, Memorandum TO: Myra L. Taylor, Mayor Timothy Holmes, Vice Mayor Terrence K. Pinder, Commissioner Joseph L. Kelley, Commissioner Luis B. Santiago, Commissioner FROM: Roy Stephen Shiver Jr., City Manager DATE: September 23, 2015 RE: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA TO CONSIDER THE REQUEST OF TOWERCOM LLC, FOR APPROVAL OF A DEVELOPMENT AGREEMENT TO CONSTRUCT A 100 FEET STEALTH CELLULAR TOWER INSTALLATION DISGUISED AS A FLAGPOLE AS SHOWN IN THE SITE PLAN, AT 490 ALI BABA AVENUE, OPA-LOCKA, FLORIDA 33054, ALSO IDENTIFIED BY FOLIO NO. 08-2121-005-0440. Request: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA TO CONSIDER THE REQUEST OF TOWERCOM LLC, FOR APPROVAL OF A DEVELOPMENT AGREEMENT TO CONSTRUCT A 100 FEET STEALTH CELLULAR TOWER INSTALLATION DISGUISED AS A FLAGPOLE AS SHOWN IN THE SITE PLAN, AT 490 ALI BABA AVENUE, OPA-LOCKA, FLORIDA 33054, ALSO IDENTIFIED BY FOLIO NO. 08-2121-005-0440. Description: Upon the request of the applicant `Towercom" to construct a uni-pole cellular tower at 490 Alibaba Avenue, Opa-locka, Florida 33054, also identified by folio number 08-2121-005-0440. Pursuant to article 4.16 of the City's Land Development Regulations/ Zoning Code "Ordinance No. 86-8". It is required for the applicant to submit simultaneously with an application for development order (Site Plan), an acceptable Developer Agreement. The agreement shall be consistent with Florida Statute 163.3220. In addition to the Florida Statute requirements, the agreement shall include provisions to guarantee, but not be limited to the following items: - All impacted public facilities shall be adequate to serve the site at an acceptable level of service (L.O.S.) prior to receiving a Certificate of Occupancy; - The applicant agrees to abide by and not deviate from the terms of its graphic and verbal presentation 1 submitted to the City Commission in order to receive a Development Order. Such items include, but are not specifically limited to; o A. Design of all physical structures,water bodies, private and public improvements. o B.The color and dimensional characteristics of all building materials. - The applicant shall submit annual reports and additional documentation as required by the City Commission in its development order to verify"on-going"compliance with its development order; - Subsequent to receiving a development order the design of all structures, materials and colors included in the applicant's documentation shall not be physically altered or substituted. The burden shall be on the applicant to prove that the material or color is no longer available; - A schedule of construction phasing, and construction timeline;form securing permits to completion of Project; - Owner shall strive to employ qualified residents from the City of Opa-locka to work at the Property (prior to and after construction). In order to accomplish this task the Owner shall coordinate with the City of Opa-locka and the Career Source of South Florida Office located in the City in accordance with the Memorandum of Understanding between the City of Opa-locka and Career Source; - Owner shall also encourage all contractors and subcontractors to employ Opa-locka residents through the assistance of the Career Source South Florida office in coordination with the City of Opa-locka and in accordance with the Memorandum of Understanding between the City of Opa- locka and Career Source; - Any service impact mitigation measures to which the applicant has committed, etc. The submitted Development Agreement has been reviewed by the Planning and Community Development Department under the guidance and recommendations of the City Attorney and/or his Designee, and has been found legally sufficient by both parties legal reviews. The subject property has a Zoning Designation of 1-3 (Industrial Planned Development). The proposed use is classified as Telecommunication which is a permitted use within the said zoning district. Pursuant to the requirements of the Land Development Regulations/ Zoning Code for Planning Council Application regarding Developer Agreement Review process and procedurals. The applicant submitted their application for Planning Council review of the Development Agreement on May 13, 2015, and satisfied the requirement deadline for submission by May 22nd, 2015. The above mentioned items are sensitive matters that the Planning and Community Development Department took under consideration as part of our review and ensure that these measures are complied with pursuant to the Florida Statute, City of Opa-locka Code of Ordinances and Zoning Code: The Planning and Community Development Department submitted the titles of Notice for advertisement to the City Manager for approval to be advertise by the City Clerk within at least the minimum required time period, prior to the Planning Council meeting date in accordance with the city's public hearing notice of advertisement requirements. This item is also subject to the City Commission's public hearing notice of advertisement requirements. This request was presented to the Planning Council on Thursday, July 07th, 2015. At this meeting, the Planning Council recommended approval of this Development Agreement along with the recommendations made by city staff. 2 Financial Impact: There are no immediate financial impacts associated with approval of this site plan; however, once site and building improvements are completed, the City will realize enhanced tax revenues, franchise fees, impact fees, and building permit fees. Implementation Time Line: Immediately Legislative History: Ordinance 86-8 Planning Council Recommendation: Planning Council recommendation for approval passed by a 3-1 vote. Staff Recommendation: Staff has recommended approval of this Project. Attachment(s) Planning Council Application: Developer Agreement Developer Agreement Documentation Planning Council Meeting Minutes 07-07-2015 Site Plan Staff Report Attached Architectural Site Plan Set Prepared By: Josue Leger,City Planner Gerald Lee,Zoning Official Gregory Gay, Director Planning and Community Development Department 3 Received: By: Date: 4��!4NOTEj. PLANNING COUNCIL APPLICATION APPLICATION NUMBER:15' al-V-2-CHECK NUMBER: / ZCDATE RECEIVED: og PROPERTY OWNER'S NAME: a in t&LIilot � FurLd C-F d v or 4-k 4 anti - u4-0 , Tr`' PROPERTY OWNER'S ADDRESS: T q 0 Ail ea,ha aim, Loc `'t1 3 °� Number/Street City State/Zip Code APPLICANT'S NAME: 1 ; wee- Co on, '-c, APPLICANT'S ADDRESS: '7 0 3 1 4 tie, oak-iconat Park 3333Y Number/Street/ 2 City State/Zip Code PHONE NUMBER: OFFICE Ci 5 LI° 58 �f - 5 3 4allE OTHER II /�1 SUBJECT PROPERTY ADDRESS: "7 0 Pi r I 130-494-' �ry Number/Street TAX FOLIO NUMBER:( lr "Z t 2 1 - 00 5'O Q SENT ZONING: rh d u s t a i LEGAL DESCRIPTION: ,c e e a 4- 4'Cr c-f-t °e* Le-c. L P'S Ge h 0-1 Please check specific request: Tentative Plat Final Plat _Comprehensive Plan Amendment Rezoning _Drainage Plan _Fill Permit Request Preliminary Site Plan Review Final Site Plan Review _Conditional Use Permit—No Plans _Conditional Use Permit—With Plans _Special Exception—No Plans Special Exception—With Plans 3, F , t, Other—Please specify: IP �` . Add any additional information that may be of importance to this request: Reference to Ordinance 13-08 Section 4.13 and 4.4 1611 n A portion of Block 96,of PLAT NO.TWO,OPA-LOCKA,according to the plat thereof as recorded in Plat Book 28, Page(s)72, Public Records of Miami-Dade County, Florida and being more particularly described as follows: Begin at the most Northerly corner of said Block 96,and run S 28°02'30"E along the Northeasterly property line of said Block 96,for 125.00 feet;thence S 61°57'30"W along the Northwesterly line of the railroad right of way for 230.00 feet;thence N 28°02'30"W, parallel with the Northeasterly property line of said Block 96,for 125.00 feet;thence N 61°57'30" E,and also being along the Northwesterly property line of said Block 96,for 230 feet to the point of beginning, lying and being in the City of Opa-Locka, Miami-Dade County,Florida, as shown on print if survey dated 4-12-84, prepared by Schwebke-Shiskin &Associates, Inc. Received: By: Date: Page 3 of 5 PLANNING COUNCIL APPLICATION (Checklist) Applications will not be accepted without the following data. For a public hearing, all items below are necessary and must be submitted. I Completed application form I Application fee payable to the City of Opa-locka by check or money order I Copy of property owner's and/or applicant's driver license/photo I.D. Affidavit(see below),and power of attorney of the property owner(page 3)(Both must be Notarized) A completed Neighborhood Petition form (attached) with the signature of each property owner in front, rear, left and right of his property showing they have no objections to the project(name,address,phone number). JAll preliminary and final site plans, along with property survey, must be submitted on CD-Rom disc in Cad format and PDF. ✓ Fifteen(15)certified boundary and topographic surveys of the property(size 36 x 24 inches) V Fifteen (15) copies of Site Development Plan showing all drainage, water, sewer, structures, landscaping and parking in accordance with the City's zoning ordinance;(size 36 x 24) Map showing parcel to be considered and all properties' legal descriptions thereof, within 375' radius of said parcel. Map to be 1" = 100" scale. Owner's name, address, folio number and legal description on each parcel (Original and 2 copies size of document to accommodate scale) Narrative concept must be submitted with application AFFIDAVIT I, \t\'`L- Len ,being first duly sworn, depose and say that I am the OWNER of the property ,and I understand t this application must be complete and accurate before a public hearing can be advertised. Vv Signature Date Sworn to and subscribed before me: This 21 day of I-�Q(Z..\ Zb Il; , My commission expires 5//,X(•/2--1)/I / Attach o of ntific •on o4T:!rY'' TAMMY L COBELO Ii. MY COMMISSION U FF 186184 �!= EXPIRES:April 26,2019 z o Reference to Ordinance 13-08 = Section 4.13 and 4.4 n Bonded Thro Notary Public Undervrtitws Received: By: Date: Page 4 of 5 PLANNING COUNCIL APPLICATION POWER OF ATTORNEY This form is to be attached to all applications,and to be returned with the application. No application will be honored or persons heard by the Planning Council unless a notarized copy of this Power of Attorney is submitted. To: City of Opa-locka From: C 0 m 01(.1,,t) , T Y F 0 A,' 3 0 F N ,,) ..2--s--r+ 70 f Al 1 04 0 E i-/V C Subject: Power of Attorney (authorization for a person, other than the property owner, to speak in the property owner's behalf). I ,being first duly sworn,depose and say that I am the owner of the property legally described as: L/ 63 0 f i L i P 7 Ff 1 3 4 A V C:- (01_10 k r`? &s - 2 i 2 1 - () 7 -- ( v4'() I do give to = 0 Ft N /n 0 0 1)�' / J / G u' I.C 0 Nt the power of Attorney and authority to speak in my behalf in reference to the above descri ed property. Further,by affixing my notarized signature to this document, I also authorize v !�t A) in 00 L)y /r OV.1 /a C0 P'l to negotiate and commit to the City Commission and City Administrate in my behalfI will aide by all final determinations of the City Commission and City Administration. WJv ' t 17012- -ri-f i-- L.1 in t-r Signature i7 u( Po 5 E &F l},i, LI I2i1I‘ APPc ICftT/ N T 6 ('u A6'r4auc r Date A c e(--(-- 7D W P- - Sworn to and subscribed before me: This day of 14A,A,t „2.()/S ii. __ _- : �, �j ' / My commission expires: q/7_61/? . . Pub /. A__ 6,,.bc-CA lila/ ,;,r:dy.•,, TAMMY L COBELO Attach copy of identification = MY COMMISSION#FF 186184 }y :,; EXPIRES:April 26,2019 •.'�,,pd,,,,,,` Bonded That Notary Public Underwriters Reference to Ordinance 13-08 Section 4.13 and 4.4 - o ddµ - t ,,, L`" VER LICENSE C' .' ' 4,,,,,,,,t,:.,,,,,,111'1,,,:::i:'': ..REST:A 4 40410 RtgC�p. ,:11Y OF OPA-LOCKA, F 1RIDA COMMUNITY DEVELOPMENT & PLA,' ING DEPARTMENT / CUSTOMER'S RECEIPT 1 /I 20 kS7 < a) a 7 0 ode No i ti'I 4;---4•4- `‘...-, (EAil. ,,,,k/ ki-6. ., i .--- e/r , /, 4 0. = a * ct, Received of 3 co i ,./Inu 1 ,I „,,,I i d) = Address -/u-, , At illa = cr 0 al Description / / 76 ff. 0 6 /911/0./ i 0 :m I as cc) o ' ei 7 % glitaYirl - - ,PM alVi /Aitil 07 / - a a) (Y3 t.--- -4,--- 60/9-95 . .ollars$ /„.._______, ___. -----77-- c =- __. i I' tv Make all checks payable to City of Opa-locka,Florida ' — ashier WHITE — Customer Copy YELLOW—Office Copy PINK— Department Co'fa: Property Search Application _.tiami-Dade County Pal ' j 1 1, loll 1, i1 � ) , rr 1u , 4 1, IL Lii li I 1 i'+ 1 , 1,' r, 1 I a �'' , , 1 j Summary Report Generated On: Property Information . .. *4, ti� _ :' F � ! 'Folio: 08-2121-005-0440 lit ¢ .. � .,r, ' ',,r t ' , '" Property Address: 490 ALI BABA AVE . \ 4, y k , k f COMMUNITY FUND OF Owner NORTH MIAMI DADE INC r J c 490 OPA LOCKA BLVD STE 20 a Mailing Address '` -•' . OPA LOCKA,FL 33054-3563 Primary Zone 7400 INDUSTRIAL-INDUSTRIAL P � .' '' r •' VT T 4 Primary Land Use 7241 EDUCATIONAL/SCIENTIFIC- fi. w.' ' ," ry. .,„. EX :EDUCATIONAL-PRIVATE e` Beds/Baths/Half 0/0/0 ..r.t +';,;i , °T - Floors 1 ,r of ,fit i'so* Living Units 0 y Actual Area Sq.Ft �," �/� '' Living Area Sq.Ft ..- r f , � , ,' i Adjusted Area 3,374 Sq.Ft Taxable Value Information Lot Size 28,750 Sq.Ft 2014 2013 Year Built 1995 County Assessment Information Exemption Value $416,391 $419,295 $ Year 2014 2013 2012 Taxable Value $0 $0 Land Value $172,500 $172,500 $172,500 School Board Building Value $209,060 $211,549 $215,952 Exemption Value $416,391 $419,295 $ XF Value $34,831 $35,246 $39,834 Taxable Value $0 $0 Market Value $416,391 $419,295 $428,286 City Assessed Value $416,391 $419,295 $428,286 Exemption Value $416,391 $419,295 $ Taxable Value $0 $0 _ Benefits Information �� �� Regional Benefit Type 2014 2013 2012 Exemption Value $416,391 $419,295 $ Charitable Exemption $416,391 $419,295 $428,286 Taxable Value J $0 $0[ Note:Not all benefits are applicable to all Taxable Values(i.e.County, --- —— ._-___.__ ._._ .._._ r____.......... School Board,City,Regional). Sales Information __.. _. .... ____ __. Previous Sale Price OR Book-Page Qualification Descri Short Legal Description 10/01/2002 $0 20725-1046 Qual by exam of deed OPA LOCKA NO 2 408/01/1994 $0 16509-2439 Qual by exam of deed PB 28-72 ..— ... . PORT OF BLK 96 DESC BEG NE COR OF BLK 96 TH S 28 DEG E 125FT TO NWLY R/W/L OF SAL S 61 DEG W The Office of the Property Appraiser is continually editing and updating the tax roll.This website may not reflect the most current information on record.The Property A and Miami-Dade County assumes no liability,see full disclaimer and User Agreement at http://www.miamidade.gov/info/disclaimer.asp Version: ht1ry//xxnxnx71—l rnir•1ar;!a rrnrr/v,rl,r.o,-1-f.,.o.,+-..L./ -'- Project Narrative 490 Ali Baba Avenue Opa Locka, FL TowerCom, on behalf of Community Development Fund of North Miami Dade, proposes to install a 100'stealth cellular installation disguised as a flagpole at the above referenced address. At present,the cellular carrier that will collocate on the facility is T-Mobile. \ \ _�- \ ['43 s o0 \ \ \ .,../. i i ' n f 0, `R j �� NI). .11106:\1% ALI,*\ 4 It IMMILm 11;i1X\i \ 07 % 4 441'4 i \ . lik%�� N �= X 1 1 L D 1 .() \ \ 1,$0 � L ° aGai :GGl,a°.°° . . . ,14. eat kbtt: ; keot:oakta °°I.. ° _a ° . ° p ii 1111111'.1111111Ig. 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C i i� _ap A,L, A A A P A l Y i -8 p8 c P P 4° y 1.SZ R _ Y.� ? .I$ R - f p$ 3 m°A .>! F 9 gi° -- E 143 1111 GCAp !! °a lip os'R : Yibaaaafili.AN44 1i W a14EIR4R X 48 atat „ss "WOrs ': 1" 11 t�kl£ EI e54r ,-"-;AOliRii5 .55xt ` 1 1. nsx . R .! A } +' tiC n uok,tt L I Lil o .iii L§ CFa r \,_ ' • sxx' 1 � . �.� a ; t a Suez` I i."..X ... Z. !IR ti R alkkk i " i zr_ z •' 1 Ti k 4. d i t \\ a �1: : Y o - .. Y 1 I 1.--alt...— 1 Independent Dr.,Suite 1600 Jacksonville,FL 32202 (904)405-1089 direct (904)405-1093 fax April 22,2015 Mario J Verdeja 2122 NW 7th Avenue Miami<FL 33127 Re: 490 All Baba Avenue,Opa locka,FL Cell Tower Planning Application Dear CSX: TowerCom Enterprises,on behalf of the Community Development Fund of North Miami- Dade, has filed an application to construct a cell tower disguised as a flagpole on the property located at 490 Ali Baba Avenue in Opa locka,FL. The Planning Commission application requires us to give notice to the contiguous property owners. If you have no objection,please sign the attached form and return to me in the enclosed envelope. If you have questions or concerns, please contact me at 954 586 5327 or jmoody@towercomenterprises.com. S'. cer-ly, hn Moody.Manag'_ g Director TowerCom Enterprises Received: Ovie LOON.. By: c 4, Date: t 9 • o `'� •41' Page 5 of 5 o • agw.f60 PLANNING COUNCIL NEIGHBORHOOD PETITION RE: PROPERTY ADDRESS: �7 q 0 A 1! 4y' , LEGAL DESCRIPTION: Folio (2 g - 2().-l - 00.S - 04-1c/6 C`O T( 4-ins ,De /)E (OuA 7-/ ) FL- PROPERTY OWNER'S NAME: AA j"/O J . rein P'(3l,.J t1 a- PHONE: ADDRESS (If different): . i0 er ,' l/ 6 , !" f/ _ ..„,,D 27 / f ' Al ' -1277' §ignature Reference to Ordinance 13-08 Section 4.13 and 4.4 Cop -7-/ 6 u 61 OOEi? S ,zial - oog- OLLso esK 44,-ug 500 ik)ad-a- St Jac sOnu; II ) 2 (21- OP '4 - (0Q,C) G . in.air:t S VetrOtia, 2122 OW 7 Av-e , ./1/1. p 531 .27 )0 5hro-s+64- Li s L cc j - S C S `)( '17/T,,tq,91,),//I- hem ) ra. 043 Received: By:i 0Qp-wc,rc " Date: o eo 9 r. ift*V.. 1 m 01" Page 5 of 5 ApoRpSvO PLANNING COUNCIL NEIGHBORHOOD PETITION RE: PROPERTY ADDRESS: '7 go If I i ej &- 4(" LEGAL DESCRIPTION: T� o l f v /9S. - 21.1.1 - 0 0 S -- Li Li O i7'1C4-ni/ DD4 J0C- 6 a ti Ai . / / if�� PROPERTY OWNER'S NAME: AOt 1'/0 J - V?l'do 6- PHONE: /41; � ADDRESS (If different): I i-Ope? .7 / / `,) ` i,%_ - . 14: . r" 'f 1 _ 11 .- Ir(0 Al c2a /`L)w�j "? '"�' 9 i�-llcf���-, 6j 33i27 Signature Reference to Ordinance 13-08 Section 4.13 and 4.4 t . 1 Independent Dr.,Suite 1600 Jacksonville,FL 32202 (904)405-1089 direct (904)405-1093 fax April 22,2015 Mario J Verdeja 2122 NW 7t Avenue Miami<FL 33127 Re: 490 All Baba Avenue,Opa locka,FL Cell Tower Planning Application Dear CSX: TowerCom Enterprises,on behalf of the Community Development Fund of North Miami- Dade, has filed an application to construct a cell tower disguised as a flagpole on the property located at 490 Ali Baba Avenue in Opa locka,FL. The Planning Commission application requires us to give notice to the contiguous property owners. If you have no objection,please sign the attached form and return to me in the enclosed envelope. If you have questions or concerns, please contact me at 954 586 5327 or jmoody@towercomenterprises.com. S'- er-ly, 1 // ✓ ) r ohn Moody.Manag' g Director TowerCom Enterprises 1 Independent Dr.,Suite 1600 1:;) Jacksonville,FL 32202 ,;),,AP (9 4(15 1oQq iiirect (904)405-1093 fax April 22,2015 Postmaster,USPS Opa locka Station 550 Fisherman St Opa locka,FL 33054 Re: 490 Ali Baba Avenue,Opa locka,FL Cell Tower Planning Application Dear Postmaster: TowerCom Enterprises,on behalf of the Community Development Fund of North Miami- Dade, has filed an application to construct a cell tower disguised as a flagpole on the property located at 490 Ali Baba Avenue in Opa locka,FL. The Planning Commission application requires us to give notice to the contiguous property owners. If you have no objection,please sign the attached form and return to me in the enclosed envelope. If you have questions or concerns, please contact me at 954 586 5327 or jmoody @towercomenterprises.com. S' ely, Moody. Managing Dit`ector TowerCom Enterprises 7 I( aj gyi 9(-0 7/1 fir 375-0 0/441/# Received: OcovL.ocka By: • o '� Date: °a s0 vas' Page 5 of 5 PLANNING COUNCIL NEIGHBORHOOD PETITION RE: PROPERTY ADDRESS: 47 �C /7 ii �G.6,, 70, LEGAL DESCRIPTION: �G f( 0 2 1 C l PROPERTY OWNER'S NAME: bi S "'S PHONE: ADDRESS (If different): S J G' fl i S/1 f v` /)1-6 x ttr``C 0 p (0 c kr, Signature Reference to Ordinance 13-08 Section 4A3 and 4.4 1 Independent Dr.,Suite 1600 Jacksonville,FL 32202 (904)405-1089 direct (904)405-1093 fax April 22,2015 Postmaster,USPS Opa locka Station 550 Fisherman St Opa locka,FL 33054 Re: 490 All Baba Avenue,Opa locka,FL Cell Tower Planning Application Dear Postmaster: TowerCom Enterprises,on behalf of the Community Development Fund of North Miami- Dade, has filed an application to construct a cell tower disguised as a flagpole on the property located at 490 Ali Baba Avenue in Opa locka,FL. The Planning Commission application requires us to give notice to the contiguous property owners. If you have no objection,please sign the attached form and return to me in the enclosed envelope. If you have questions or concerns, please contact me at 954 586 5327 or jmoody @towercomenterprises.com. Sincerely, -k,trr ohn Moody.Mana ng Director owerCom Enterprises Received: oQP a By: c`` �� Date: �9 F o ` `i�'�f Page 5 of 5 �..ORAT�- PLANNING COUNCIL NEIGHBORHOOD PETITION RE: PROPERTY ADDRESS: , 9Q b i IXL. o pA-L b c t_4-1 LEGAL DESCRIPTION: 1 5 " 2-11-1 - 0° S -- G ti LI b 'VI L Mt. i D 0C COO I.)►-Y) fa___ PROPERTY OWNER'S NAME: V S PS, O/!A" i 3C-(6'j HONE: ADDRESS (I f d i f f e r e n t): 5 5 O k ) She,-m rt St . v i)ik C-Oc-K_4- Signature Reference to Ordinance 13-08 Section 4.13 and 4.4 , 1 Independent Dr.,Suite 1600 Jacksonville,FL 32202 (904)405-1089 direct (904)405-1093 fax April 22, 2015 CSX Transportation Tax Department 500 Water Street Jacksonville,FL 32202 Re: 490 Ali Baba Avenue,Opa locka,FL Cell Tower Planning Application Dear CSX: TowerCom Enterprises,on behalf of the Community Development Fund of North Miami- Dade, has filed an application to construct a cell tower disguised as a flagpole on the property located at 490 All Baba Avenue in Opa locka,FL. The Planning Commission application requires us to give notice to the contiguous property owners. If you have no objection,please sign the attached form and return to me in the enclosed envelope. If you have questions or concerns, please contact me at 954 586 5327 or jmoody @towercomenterprises.com. Sincerely, ?-/AA,- /i hn Moody.Manacling Director TowerCom Enterprises Received: By: _ o • II t'17 V. --A.il..,F • ( , Date: Page 5 of 5 \'') OFEJI_IVE9 PLANNING COUNCIL NEIGHBORHOOD PETITION RE: PROPERTY ADDRESS: 216)4: /9-i i 84,/04- 11C1 - (7261- /0 C 1-4-- F LEGAL DESCRIPTION: ril 0 08 - 2/ 2/ - 610 C-- cqvc TY] (14 Mi D,/H7 CO C Al 77 1 Pt- PROPERTY OWNER'S NAME: (S)( /r‘zns forh-4701 PHONE: ADDRESS (If different): /)10per iy ! fi/, &A 4 , Int:II;fj " C5 Y / -irtx Dep I (72-iii 6) 500 A/41,16/ SY-- Yi-t eA5p/-1 c, 322 Signature Reference to Ordinance 13-08 Section 4.13 and 4.4 ,SENDER: COMPLETE THIS SECT!' COMPLETE THIS SECTION ON DELI ® Complete items 1,2,and 3.Also complete A. Si.nature item 4 if Restricted Delivery is desired. x. ci Print your name and address on the reverse + (.t . (tile so that we can return the card to you. B. Received by(Prl ed Name) t: Ell Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery address different from item/ 1. A r Article Addressed to: If YES,enter delivery address below: Mari Ve—C1`(<jC 21 22 Ni Lc' / MI I a m d FL... 3. Service Type I '33 I 0 Certified Mall° 0 Priority Mail E; ❑Registered 0 Return Receip 0 Insured Mall 0 Collect on Deli 4. Restricted Delivery?(Extra Fee) 2. Article Number 7014 2870 0001 6589 4206 (Transfer from service label) PS Form 3811,July 2013 Domestic Return Receipt DER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIV,= e Complete items 1,2,and 3.Also complete A. Signet item 4 if Restricted Delivery is desired. x e Print your name and address on the reverse i so that we can return the card to you. B. -a2gived by(P,,nted Name) C. e Attach this card to the back of the mailpiece, or on the front if space permits. D. Is dellve :.dress different from item 1 1. Article Addressed to: If YES,enter delivery address below: M A P 55O i.k e 6A AI- 3 r • .P f\ ..e7 C (L �� 3. Service Type CI Certified Mall 0 Priority Mail Ex -1 C 0 Registered 0 Return Receipt -3 0 Insured Mail 0 Collect on Deli' 4. Restricted Delivery?(Extra Fee) 2. Article Number 7014 ,'2870 0001 6589 4831 (Transfer from service reuey • PS Form 3811,July 2013 Domestic Return Receipt 1> EyDEF 'f C7MHECTION M DELIV. • Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. X Print your name and address on the reverse • so that we can return the card to you. B. R celved by(Panted Naine) C. ■ Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery addro differe;7tjrom Item 1 1. 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' 2 „: . . rtRZraRS3al :353 : e -s3 : 33Ra .s < ioa <°Rii@ 449443;RaRR3344 • 3ag3 : a: i [ ; . , 3 h t �y y a O E ' 8 € I i '� A 3 1 d g I i s a i A N ,0 v -la ., v g v i l x s 3 4 `q 4i1I E/ MillTiiIig iig3 R gi has 3 11 .11e 4333li ig 011 ig0 , , , . , • • • ° R ; 44 zafi ; ,gR; a;, , , ,mt - ,, . , • " :aa ;, 4V, e, .zaa , b N Q Q \ \Al\ as �' III N ' \ N , % 4 i i I_ il i /',It \4' *n \‘ ‘ ii--- 1110!!! \\ \ A420 3i �0\S\\ -\ \--' N 4,°P ' 111 G \ \ p \ \i -------___.../ -0- Record and Return to: (enclose self-addressed stamped envelope) Community Fund of North Miami Dade Inc., Towercom,LLC This Instrument Prepared by: Vincent Brown Law Group 847 N.W. 119th Street, Suite 200 Miami,Florida 33166 SPACE ABOVE THIS LINE FOR RECORDING DATA DEVELOPMENT AGREEMENT BETWEENTHE GREAT CITY OF OPA-LOCKA,FLORIDA; AND COMMUNITY FUND OF NORTH MIAMI DADE INC./TOWERCOM,INC THIS DEVELOPMENT AGREEMENT ("Agreement") is made and entered into this _ day of September, 2015("Execution Date") by and between TowerCom III, LLC, a Florida Limited Liability Company. With a mailing address of 1 Independent Dr, Suite 1600 Jacksonville, FL 32202and the City of Opa-Locka, Florida, a municipal corporation and a political subdivision of the State of Florida, with a mailing address of 780 Fisherman Street,Fourth Floor,Opa-locka Florida 33054. WITNESSETH: WHEREAS, the Community Fund of North Miami-Dade Inc. is the fee simple owner of approximately28,750 square feet of land located at 490 Ali Baba Avenue, within the municipal boundaries of the City and identified by Miami-Dade County Tax Folio No.08-2121-005-0440, the legal descriptions of which are attached hereto and made a part hereof as Exhibit"A"; "The Property", and WHEREAS,AFLC wishes to lease and develop portion of the property with the intent of constructing a 100 feet stealth Cell Tower disguised as a flagpole at the above referenced address, WHEREAS, the City's Commission adopted Resolution Numberl5- on / / approving a Site Plan for TowerCom III, LLC for a 100 feet stealth cell tower disguised as a flagpole at 490 Ali Baba Avenue; and WHEREAS, according to Sections 163.3220 through 163.3243, F.S., known as the Florida Local Government Development Agreement Act (the "Act"), the Florida Legislature has determined that the lack of certainty in the development process can result in a waste of economic and land development resources, discourage sound capital improvement planning and financing, escalate the cost of housing and development, and discourage commitment to comprehensive planning; and WHEREAS, the Florida Legislature has declared that assurances to an Owner that it may proceed in accordance with existing laws and policies, subject to the conditions of a development agreement, strengthens the public planning process, encourages sound capital improvement planning and financing, assists in assuring there are adequate capital facilities for the development, encourages private participation in comprehensive planning, and reduces the economic costs of development; and WHEREAS, the Owner, and the City desire to establish certain terms and conditions relating to the proposed development of the Property and wish to establish identifiable parameters for future development; and WHEREAS, the City Commission pursuant to Resolution No.15- , adopted on / / , authorizes the City Manager to execute this Agreement upon the terms and conditions set forth below, and the Manager of Owner have authorized the Owner to execute this Agreement upon the terms and conditions set forth below; and NOW, THEREFORE, in consideration of the conditions, covenants and mutual promises herein set forth,the Owner and City agrees to as follows: 1. Recitals. The foregoing recitals are true and correct and are hereby incorporated herein by reference. All exhibits to this Agreement are hereby deemed a part hereof. 2. Consideration. The Parties hereby agree that the consideration and obligations recited and provided for under this Agreement constitute substantial benefits to both parties and thus adequate consideration for this Agreement. 3. Definitions. (a) "Additional Term" means anyone or more additional term(s) approved by mutual consent of the parties pursuant to a public hearing pursuant to Section 163.3225, F.S. (b) "Agreement" means this Chapter 163,F.S., Development Agreement between the City and Owner. (c) "City" means the City of Opa-Locka, a municipal corporation and a political subdivision of the State of Florida, and all departments, agencies and instrumentalities subject to the jurisdiction thereof. (d) "Comprehensive Plan" means the plan adopted by the City pursuant to Chapter 163, F.S. (e) "Owner" means the persons or entities undertaking the development of the Property, defined in the preamble to this Agreement. Community Fund of North Miami Dade Inc. and TowerCom III, LLC, its successors, assigns or heirs thereof. (f) "Development" means the carrying out of any building activity, the making of any material change in the use or appearance of any structure or land, or the dividing of land into three or more parcels and such other activities described in Section 163.3221(4),F.S. (g) "Development Permit" includes any building permit, zoning or subdivision approval, certification, special exception, variance, or any other official action of local government having the effect of permitting the development of land. (h) "Effective Date" is the date this Agreement is recorded with the clerk of the Circuit Court in and for Miami-Dade County, (i) "Entire Term" is the total term of this Agreement, combining the Initial Term (thirty (30) years)and the Additional Term, as defined herein. (j) "Execution Date" is the date that all parties have affixed their signatures to this Agreement. (k) "Existing Zoning" means (a) all entitlements associated with the City's approval of the 100 feet stealth Cell Tower Disguised as a flagpole Site Plan, and (b) the provisions of the Charter, Comprehensive Plan and Laws of the City of Opa- Locka, including the City of Opa-Locka's Unified Land Development Regulation Code and the Ordinance, as amended through the Effective Date. (1) "Site Plan" is the Final Site Plan approved by the City Commission via Resolution No.15- for the Development on the Property, a copy of which is attached hereto as Exhibit`B". (m) "Governing Body" means the City of Opa-Locka City Commission. (n) "Initial Term" is thirty (30)years commencing on the Effective Date. (o) "Land" means the earth, water, and air, above, below, or on the surface and includes any improvements or structures customarily regarded as land, except as provided herein. (p) "Land Development Regulations" means ordinances, rules and policies enacted or customarily implemented by the City for the regulation of any aspect of development and includes any local government zoning, rezoning, subdivision, building construction, or sign regulation or any other regulations controlling the development of or construction upon land in effect as of the Effective Date. (q) "Laws" means all ordinances, resolutions, regulations, comprehensive plans, Land Development Regulations, and rules adopted by the City of Opa-Locka affecting the development of land in effect as of the Effective Date, including Opa-Locka's Unified Land Development Regulation Code, the Ordinance and the Resolution (as defined herein). (r) "Parties" means the City and the Developer (s) "Project" is the construction of the 100 feet stealth Cell Tower disguised as a flagpole (t) "Property" means the approximately28,750 Square Feet parcel of land located at 490 Ali Baba, Opa-Locka, Florida 33054 and identified by Miami-Dade County Tax Folio No.08-2121-005-0440, the legal description of which is attached hereto and made a part hereof as Exhibit "A." (u) "Towercom Leased Portion of Property" means the approximately 1,000square feet of land designated as the area occupied by Towercom's 100 feet stealth Cell Tower disguised as a flagpole. (v) "Public Facilities" means major capital improvements, including, but not limited to transportation, transit, sanitary sewer, solid waste, drainage, potable water, educational facilities, parks and recreational, and health systems and facilities for which the City's Comprehensive Plan sets forth required levels of service. (w) "Resolution" means the resolution defined in the preamble to this Agreement, City of Opa-Locka Resolution Number 15- approving the Site Plan and Resolution Number 15- approving the Development Agreement. 4. Intent. It is the intent of the Owner and the City that this Agreement shall be construed and implemented as a development agreement among the parties pursuant to the Florida Local Government Development Agreement Act, Section 163.3220 through 163,3243, F.S., ("Act"), in compliance with section 4.16 of the City of Opa-Locka's Unified Land Development Regulation Code,the Ordinance and the Resolution. 5. Effective Date. Immediately upon approval by the City and execution by all parties, the City shall record, , the Agreement with the clerk of the Circuit Court for Miami-Dade County, with recording fees paid by the Owner. This Agreement shall become binding on the Effective Date. Notwithstanding the Effective Date provided herein and required by Section 163.3239, P.S., the City and the Owner shall act in good faith to carry out the intent of the Agreement upon the Execution Date. 6. Term of Agreement and Binding Effect. This Agreement shall run with the land, remain in full force and effect, and be binding on all Parties (including the Owner), both current and successive, and all persons claiming under it for an Initial Term of thirty (30) years from the Effective Date, and may be extended for one or more Additional Term(s) thereafter by mutual consent of the parties subject to two public hearings pursuant to Section 163.3225, F.S.. Consent to any extension of this Agreement requires approval of both parties to this Agreement. No notice of termination shall be required by either party upon the expiration of this Agreement and thereafter the parties hereto shall have no further obligations under this Agreement. The obligations imposed pursuant to this Agreement upon the parties and upon the Property shall run with and bind the Property as covenants running with the Property, and this Agreement shall be binding upon and enforceable by and against the parties hereto, their personal representatives, heirs, successors, grantees and/or assigns. 7. Termination. No notice of termination shall be required by either Party upon the expiration of this Agreement and thereafter the Parties hereto shall have no further obligations under this Agreement. 8. Expiration / Termination / Default. Upon the expiration of the Agreement, the City shall have the ability and the rights under its police power to adopt Zoning Regulations not inconsistent with the rights granted hereunder. In the event of termination or default, no further rights under this Agreement shall exist, whether brought under a claim of vested right,equitable estoppels or otherwise. 9. Development Uses Permitted on the Property. 100 feet stealth Cellular Tower installation disguised as a flagpole operations and maintenance of the proposed stealth Cellular Tower. 10. Development Conditions The Owner agrees as follows: (a) All Public Facility improvements required by the City, by Miami-Dade County, Florida, or voluntarily proposed by the Owner to be installed by Owner shall be constructed in accordance with applicable governmental regulations prior to the issuance of a Certificate of Occupancy of the Project. (b) All signage shall comply with the City of Opa-locka sign code ordinance requirements. (c) Owner will abide by and not deviate from the terms of its graphic and verbal representation submitted to the City Commission in order to receive approval of the 100 feet stealth Cell Tower installation disguised as a flagpole Site Plan. Such items include,but are not specifically limited to: ■ Design of all physical structures, water bodies, private and public improvements; and ■ The color and dimensional characteristics of all structures materials including the incorporation of a mural with "Moorish" Features that are characteristic of the City and as discussed and agreed upon by the Parties; ■ Existing trees located on or around the Property are to be retained or replanted; • All trees, landscape features, and sprinkler system shall be installed prior to the issuance of a Certificate of Occupancy; ■ Adequate buffer and landscape at least 6 feet in height around the Cell Tower entirely to completely prevent any public views of any materials, articles, or mechanical elements; ■ Trees, edges and shrubberies shall also be planted along the eastern edge and shall be at least 6 feet in height around the proposed Cell Tower to completely prevent any public visibility; ■ The United States of America flag shall be the only flag permitted to be displayed at the top of the Cell Tower as shown in the site plan; • A mural promoting the art and transformation of Opa-locka of non- explicit contents or materials to be painted on the perimeter wall of the Cell Tower,no later than 30 days after construction is completed or as mutually extended; ■ Strict compliance with resolution 5058,Fair Share Agreement. (d) Owners guarantee to preserve and maintain all building and structures consistent with the 100 feet stealth Cell Tower Site Plan, free of all liens and encumbrances, for the entire period in which the Owner owns the land or control 51% ownership of the Property, or control 5% of any entity to which this Agreement has been assigned, sold or otherwise transferred. (e) This proposal of a 100 feet stealth Cellular Tower shall comply with the City of Opa-locka Code of Ordinances applicable section (s) and/or are not limited to the following: Article VII-Wireless Communications Systems; sec. 7-90 through 7- 110 (f) Owner shall submit annual reports and additional documentation to the City as required by the Resolution to verify continuing compliance with the Resolution. (g) Owner will not physically alter or substitute the design of structures, materials and colors included in the100 feet stealth Cell Tower installation disguised as a flag pole Site Plan except as approved by the City in the City's sole discretion. In the event that Cell Tower structure, wall materials or colors are no longer available, the burden shall be on Owner to prove that said materials or colors are in fact unavailable. (h) Owner agrees that the City may enter onto the Property to confirm compliance with the terms of this Agreement. (i) Owner shall strive to, but is not obligated to, employ qualified residents from the City of Opa-locka to work at the Property (prior to and after construction). In order to accomplish this task the Owner shall coordinate with the City of Opa- locka and the Career Source of South Florida Office located in the City in accordance with the Memorandum of Understanding between the City of Opa- locka and Career Source. (j) Owner shall also encourage all contractors and subcontractors to employ Opa- locka residents through the assistance of the Career Source South Florida office in coordination with the City of Opa-locka and in accordance with the Memorandum of Understanding between the City of Opa-locka and Career Source, but Owner shall not make such employment of Opa-locka residents mandatory, or an explicit or implied perquisite to work with the Owner. (k) The Developer must comply with the following timeline, which applies immediately upon approval of this Development Agreement: Violation of this timeline may result in; the revocation of any approved Development Permit and/or any actions deemed necessary by the City of Opa-locka: • Must secure Building permits: within 90 days • Must start construction: within 180 days • Must complete project:within365days 11. Development Permits. In accordance with Section 163.3227(f), F.S., the City may need to approve the following additional development permits and actions upon proper submission of all requirements, and City review or inspections, in order for the Owner to develop the Project: (a) Site plan approvals; (b) Water, sewer, paving and drainage permits; (c) Building permits; (d) Sign permits; (e) Certificates of use and occupancy; and (f) Any other official action of the City and/or Miami-Dade County, Florida or other applicable regulatory agencies having the effect of permitting the development of land or providing permits required for the development of Property. (g) Any liens, fees, code violations or unpaid assessments shall be satisfied prior to the execution of this Agreement. (h) All currently non-compliant physical structures or vehicles shall be removed prior to the execution of this Agreement. 12. Public Services and Facilities; Concurrence. In accordance with Section 163.3227(d), F.S., the City and the Owner anticipate that the Property and the Project will be served by those public services and facilities currently in existence as provided by the State of Florida,Miami-Dade County, the City, and/or any other applicable agency. 13. Consistency with Comprehensive Plan. In accordance with Section 163.3227(g), F.S., the City hereby finds and declares that the Owners development of the Project on the Property complies with the Laws, ordinances, regulations and policies of the City of Opa- Locka, and is consistent with the City's Laws, Comprehensive Plan and Land Development Regulations. 14. Reservation of Development Rights. Except as otherwise provided in the Act for the Entire Term of this Agreement, the City hereby agrees that it shall permit the development of the Project in accordance with the Laws of the City of Opa-Locka, including the City's Comprehensive Plan and Land Development Regulations, as of the Effective Date of this Agreement, subject to the conditions of this Agreement. Except as otherwise provided in the Act,the City's Laws and policies governing the development of the Property as of the Effective Date of this Agreement shall govern the development of the Property for the Entire Term of this Agreement until terminated. Development of the Property as outlined herein shall not be subject to any future changes to the Laws of the City, including the City's Land Development Regulations and Comprehensive Plan designation after the Effective Date and during the Entire Term of this Agreement,except to the extent that Owner consents to such changes and except as otherwise provided in the Act. The City may apply subsequently adopted laws or policies to the Property only as permitted or required by the Act or as provided above or upon this Agreement being terminated or having expired 15. Zoning and Other Approvals. The Parties hereto recognize and agree that certain provisions of this Agreement require the City and its boards, departments or agencies, acting in their governmental capacity, to consider governmental actions, as set forth in this Agreement. All such considerations and actions shall be undertaken in accordance with established requirements of state statutes and municipal ordinances, in the exercise of the City's jurisdiction under the police power. Nothing in this Agreement shall be construed to prohibit the City from duly acting under its police power to approve, approve with conditions, or reject any public hearing application dealing with the Property. 16. Necessity of Complying,with Local Regulations Relative to Development Permits. In accordance with Section 163.3227(i), F.S., this Agreement is not and shall not be construed as a development permit or authorization to commence Development. The Owner and the City agree that the failure of this Agreement to address a particular permit, condition, fee, term or restriction in effect on the Effective Date of this Agreement shall not relieve Owner of the necessity of complying with any and all regulations governing said permitting requirements, conditions, fees, terms or restrictions as long as compliance with said regulation and requirements do not require the Owner to develop the Property in a manner that is inconsistent with the Laws of the City of Opa-Locka in existence as of the Effective Date. 17. Good Faith; Further Assurances. The parties to this Agreement have negotiated in good faith. It is the intent and agreement of the parties that they shall cooperate with each other in good faith to effectuate the purposes and intent of and to satisfy their obligations under this Agreement in order to secure to themselves the mutual benefits created under this Agreement. In that regard,the parties shall execute such further documents as may be reasonably necessary to effectuate the provisions of this Agreement, provided that the foregoing shall in no way be deemed to inhibit, restrict, or require the exercise of the City's police power or actions of the City when acting in a quasi-judicial capacity. 18. Notices. Any notice required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been given if delivered by hand, sent by a recognized courier (such as Federal Express) or mailed by certified or registered mail, return receipt requested, in a postage prepaid envelope and addressed as follows: If to the City City Manager At: City of Opa.-Locka 3400 NW 135th Street Bldg. B Opa-Locka, Florida 33054 With a copy to: The Brown Law Group,LLC 847 N.W. 119th Street, Suite 200 Miami, Florida 33166 If to the Owner At: Community Fund of North Miami Dade, Inc. / TowerCom III,LLC 19. Governing Laws, Construction and Litigation. This Agreement shall be governed and construed in accordance with the laws of the State of Florida. The Owner and the City agree that Miami-Dade County, Florida is the appropriate venue in connection with any litigation between the parties with respect to this Agreement. All of the parties to this Agreement have participated fully in the negotiation and preparation hereof; and accordingly,this Agreement shall not be more strictly construed against any of the parties hereto. In construing this Agreement, captions, and section and paragraph headings shall be disregarded. All of the exhibits referenced in this Agreement are incorporated in, and made a part of, this Agreement. In the event of any litigation between the parties under this Agreement for a breach thereof, the prevailing party shall be entitled to reasonable attorney's fees and court costs at all trial and appellate levels. Pursuant to Section 163.3241, F.S., if state or federal laws are enacted after the execution of this Agreement, which are applicable to and preclude the parties' compliance with the terms of this Agreement, such Agreement shall be modified or revoked as is necessary to comply with the relevant state or federal laws 20. Severability. In the event that any term or provision of this Agreement is determined by an appropriate judicial authority to be illegal or otherwise invalid, such provision shall be given its nearest legal meaning or construed as deleted as such authority determines, and the remainder of this Agreement shall be construed to be in full force and effect. 21. Entire Agreement. This Agreement sets forth the entire Agreement and understanding between the parties hereto relating in any way to the subject matter contained herein and merges all prior discussions between the Owner and the City. Neither party shall be bound by any agreement, condition, warranty or representation other than as expressly stated in this Agreement and this Agreement may not be amended or modified except by written instrument signed by both parties hereto and in accordance with Section 163.3225,F.S. 22. Indemnification. The Owner shall indemnify and hold harmless the City, its elected and appointed officials, employees, agents and assigns from and against any claims, complaints or litigation arising directly or indirectly from this Agreement or any action contemplated hereunder and related hereto, as instituted by third parties. 23. Periodic Review of Agreement. Pursuant to Section 163.3235, F.S., the City shall review the Property subject to this Agreement at least once every 12 months to determine if there has been demonstrated good faith compliance with the terms of this Agreement. If the City finds, on the basis of substantial competent evidence, that there has been a failure to comply with the terms of this Agreement, this Agreement may be revoked or modified by the City. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. CITY CITY OF OPA-LOCKA FLORIDA ATTEST: By: City Clerk City Manager Dated: day of , 2015 Approved for form and legal sufficiency: City Attorney: OWNER COMMUNITY FUND OF NORTH MIAMI DADE INC. WITNESS: By: Signature Name: Title: Print Name Signature Print Name STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument acknowledges before me this day of 2015byCommunity Fund of North Miami Dade Inc./TowerCom III, LLCpersonally known to me or has produced asidentification, and acknowledged that she/he did execute this instrument freely and voluntarily for the purposes stated herein. Notary Public, State of Florida at Large Print Name My Commission Expires: EXHIBIT"A" LEGAL DESCRIPTION (PER OFFICIAL RECORD BOOK 20725, PAGE 1046 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA) A PORTION OF BLOCK 96,OF PLAT NO.TWO,OPA-LOCKA, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 28, PAGE(S) 72, PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE MOST NORTHERLY CORNER OF SAID BLOCK 96, AND RUN S 28° 02' 30" E ALONG THE NORTHEASTERLY LINE OF THE RAILROAD RIGHT OF WAY FOR 230.00 FEET; THENCE N 28° 02' 30" W, PARALLEL WITH THE NORTHEASTERLY PROPERTY LINE OF SAID BLOCK 96, FOR 125.00 FEET; THENCE N 61° 57' 30" E, AND ALSO BEING ALONG THE NORTHEASTERLY PROPERTY LINE OF SAID BLOCK 96, FOR 230 FEET TO THE POINT OF BEGINNING, LYING AND BEING IN THE CITY OF OPA-LOCKA, MIAMI-DADE COUNTY, FL, AS SHOWN ON PRINT IF SURVEY DATED 4-12-1984. PREPARED BY SCHWEBKE-SHISKIN&ASSOCIATES, INC. EXHIBIT"B" SITE PLAN: (Attached) p MINUTES PLANNING COUNCIL MEETING TUESDAY,JULY 7,2015 ROLL CALL: The Planning Council of the City of Opa-locka, Miami-Dade County, met in regular session on Tuesday, July 7, 2015 at 7: 15 p.m. at Sherbondy Village, 215 Perviz Avenue. The following members of the Planning Council were present Board Member Germane Barnes, Board Member Elio Guerrero, Chairman Calvin Russell (Late) & Board Member Rose Tydus. Also in Attendance were Community Development Director, Gregory Gay, Zoning Official, Gerald Lee, City Planner, Josue Leger, Secretary, Kinshannta Hall, and Deputy Attorney Michael Pizzi. II INVOCATION AND PLEDGE: Board Member Rose Tydus led the Prayer and the Pledge of Allegiance was stated after the Prayer. III APPROVAL OF MINUTES: Discussion of Minutes from July 7, 2015 Meeting Board Member Elio Guerrero asked if a motion could be made to have the minutes approved from May 5,2015 meeting. Board Member Germane Barnes made a motion to approve the minutes from May 5, 2015 meeting and Board Member Rose Tydus second. There being no discussion, the motion passed by a 3-0. Germane Barnes - Yes Elio Guerrero - Yes Rose Tydus - Yes Planning Council Minutes 07/7/2015 Page 1 of 19 IV. PUBLIC HEARINGS: 1. TOWERCOM, LLC 490 ALI-BABA AVENUE, OPA-LOCKA, FLORIDA 33054 REQUEST: FOR THE PLANNING COUNCIL, TO RECOMMEND TO THE CITY COMMISSION TO CONSIDER APPROVAL OF A SITE PLAN FOR A PROPOSED 100 FEET STEALTH CELLULAR INSTALLATION DISGUISED AS A FLAGPOLE AT THE ABOVE REFERENCED ADDRESS. Mr. Gay: Chairman, "May I introduce the first item that you are hearing today is "TowerCom, LLC they have two applications that will be coming before you today. The first is for the site plan and the second application will be for their development agreement. You do have the plans that are a part of your package. This is for a cellular tower and m ore components are a part of it. If you would like we will let the applicant do their presentation and then staff will present as where we stand for our recommendations. Mr. Moody: Good Evening, My name is John Moody and I'm here representing "TowerCom". We are proposing to do is direct a 100 foot flag pole at 490 Ali-Baba Avenue. If you look at the photograph this is another cell tower done in Georgia. The antennas are in there is a uniform application. The second photograph is a much higher 150 foot flag pole we did in North Carolina. The third photograph is a picture I took this week in Ft. Lauderdale that shows similar application but it doesn't have a flag. If you look twenty feet down the antennas have been attached to the pole and the fiber glass goes around them. I'm working this project for T-Mobile and MetroPCS. The fourth page, if you see the circular ring it shows, the current existence cell coverage for T-mobile and MetroPCS. The majority in the ring is red and that's cell coverage you can use at your home if you step outside. The yellow is coverage you can use in your car without dropping a call. The light green is residential coverage used in your home without dropping a call. The dark green is commercial and building coverage. The fifth page shows how coverage increased greatly in Opa-locka area where we will have all residential, commercial, and building with greater data capacity. Dr. Logan office and worked out an agreement, doing a regular monopole. We thought a flag pole would be more applicable for the redevelopment of that corridor. We thought a flag would be a focus point which is the driving force. The code allows us to go up to 150 feet but we felt all groups and Dr. Logan group felt that 150 is too big of a presence, so we scaled it down to 100 feet. Do you have any questions for me at this point? Member Guerrero: Scaling it down, "How does that affect the coverage area? Mr. Moody: It decreases the coverage Planning Council Minutes 07/7/2015 Page 2 of 19 Member Guerrero: Significantly? Mr. Moody: If we went to 150 feet, it will increase the coverage however; our landlord (CDC) will not allow us to go higher than 150 feet. Member Tydus: Does this pole emit any dangerous waves? Mr. Moody: No Ms. Tydus, the antennas admits 40 watts of power which is about the same as a light bulb. Your phone catches that signals more than the antennas project to your phone. We are governed by the guidelines of the FCC and we have to do a NIPA Report. I've provided a copy to staff. That states antennas are in compliance with the city guidelines that no endanger species are impacted. There are no impacts, to state historic preservation. It does emit radio frequency, it's at 40 watts of power it is below what the FCC has deemed safe. Member Tydus: What is the construction time, how long will it take? Mr. Moody: It will take about three weeks, it's a prefabricated pole.We're proposing to build a concrete wall west/north perimeter. The History of Opa-locka will be the theme. Mr. Leger: Site plan approval request for a proposed hundred (100)feet stealth cellular installation disguised as a flagpole at 490 Ali Baba Avenue. The folio number is 08-2121-005- 0440 the size is approximately 28, 750 Sq ft. The zoning for the property is I-3 industrial planned development. As far as consistency the tower will be a consistent use within that property. These are a few photographs of the existing conditions of the property right now. As hatch red color, is the proposed area where the applicant is looking to put up the pole. The Ingress and Egress is existing point on the property the highlighted red in the picture is existing structure on the property. We've had that conversation with the applicant where they proposed a parking lot between there proposed structure from the playground area and we had a conversation to add one parking space and add greenery to their fence where they are proposing the proposed structure. The few issues and concerns, the existing structure is used as a daycare and the proposed structure is adjacent to the vacant lot. A few staff recommendations we recommend Mitigate any noise factors produced by the cell tower and its components; provide adequate buffer; wall, fence, landscape, trees within the proposed area of the cell tower entirely measuring at least 6 feet in heights from ground up to prevent any public visibility. The height of the Cell Tower/Communication Tower shall not exceed one hundred fifty feet. Tower height shall be measure from the crown of the road of the nearest public street. (Pursuant to the City of Opa-locka code of Ordinances Sec. 7-102; Minimum standards for communication towers). Existing trees are to be retained or replanted, provide employment opportunities to the City of Opa-locka residents. All recommendations from the staff report, any additional recommendations from the Planning Council Board Members and any additional Planning Council Minutes 07/7/2015 Page 3 of 19 recommendations from the City Commission. If you guys have any questions feel free to ask now or we can move on to the next item. Member Tydus: Who will be responsible for the maintenance of the flag? Mr. Moody: TowerCom will. We have an agreement with the tower manufacture and a flag will be shipped every twelve months. We will replace it. Every month a maintenance crew will check the flag just in case in need of repair. Member Tydus: That's a big tower, I'm sure the flag will be in proportion. Mr. Moody: Yes, It is. The flag is 12 x 18. Member Barnes: Would you happen to know the time line of the wall being constructed? Mr. Moody: Do you mean when we expect to start? Member Barnes: The idea is to build a masonry wall.I'm just asking, as a part of the presentation is there a scope on that time line? Mr. Moody: In our Developer Agreement it mentions some time constraints, if approved by this Board and City Commission the time constraint secure building permit within 90 days, we would have to start construction within 180 days. We would like to start as soon as possible. The project would have to be completed within a year. We would have it done within 2-3 weeks. Member Guerrero: Public Hearing is open anybody for it or against it? Member Guerrero: Okay, Public Hearing is closed. Can we get a motion? Member Tydus: I move to approve the request for TowerCom for the construction of the cellular pole. Member Barnes: I second that motion. Attorney Pizzi: A motion that the City Commission to approve the site plans that is consistent with staff recommendation Member Tydus: That's my motion. Member Barnes: Say that one more time please Attorney Pizzi: A motion that the City Commission to approve the site plan that is consistent with staff recommendations Planning Council Minutes 07/7/2015 Page 4 of 19 Member Barnes: I second the motion of the recommendations for the Planning Council to accept this proposal for the staff recommendation. Member Guerrero: Roll Call. There being no discussion, the motion passed by a 3-0. Germane Barnes - Yes Elio Guerrero - Yes Rose Tydus - Yes 2.) APPLICANT NAME: TOWERCOM, LLC 490 ALI-BABA AVENUE, OPA-LOCKA, FL 33054 REQUEST: FOR THE PLANNING COUNCIL, TO RECOMMEND TO THE CITY COMMISSION TO CONSIDER APPROVAL OF A DEVELOPMENT AGREEMENT FOR A PROPOSED 100 FEET STEALTH CELLULAR INSTALLATION DISGUISED AS A FLAGPOLE AT THE ABOVE REFERENCED ADDRESS. Mr. Gay: Before we go into item two since it's the same project, it's just dealing with the Development Agreement. I would like to have staff to make any points relating to the Development Agreement. You have the information within your package. If we could have staff to come forward to present the presentation. Mr. Leger: Development Agreement approval request for a proposed one hundred (100) feet stealth cellular installation disguised as a flagpole at 490 Ali Baba Avenue. The staff recommendations: Any additional recommendations from the Planning Council Board Members you guys already have a copy of the Development Agreement. If you have any additional recommendations feel free to do so. All conditions are listed within the agreement itself. If you look at the document there was a section deleted due to error which was section 11 (Development Permits) and (B) it's been corrected. The applicant has also seen the correct Planning Council Minutes 07/7/2015 Page 5 of 19 version. If you don't have any questions then that's it. The "NIPA" study is also included in the package, far as safety issues and a letter from the "FAA" as well are included in your package. Member Guerrero: Any questions? Attorney Pizzi: Chairman, you might want the applicant to state on the record that they have reviewed and they are committed to abide by the conditions of the Development Agreement. Mr. Moody: We reviewed the Development Agreement and we have no objections and we are committed to the terms that are outlined in the agreement. Member Tydus: I'd like some advisement on this, on 10.0 where it says the color and dimensional characteristics of all structures materials including the incorporation of a murla "Moorish" features that are characteristic of the City and as discussed and agreed upon by the Parties; I'm not in agreement with that. I wish we could take it under consideration. I was under the impression that we were going to discontinue placing emphasis on the Moorish architecture we were going to preserve that what we had It seems that going forward;we were going to take on our own identity more modern look. May I have some advisement on this please? Mr. Gay: As it relates to the Moorish architecture,that is more information more in tune with the historic district. This property however is in adjacent to the historic district. We basically felt that it would be proper to profit to the developer to have that look. You have two buildings that are immediately adjacent to this property that are of the Moorish architecture. And to basically have this structure which is going to be a simple structure and to have some sense of reflection to respect the Moorish structures that are nearby. You have the train station which is a part of this site. We felt that it should respect that style of architecture. Because of the approximately, we are in agreement. The developers are totally in sync with us to have this type of structure as well to respect the Moorish architecture. Member Tydus: Directly across the street, the art building itself that the CDC owns isn't consistent. Mr. Gay: But this particular structure is on a historic site, which is the train station site. So it's more in respect to the train station site. Member Tydus: I can see I'm more of a long ranger on this. Member Guerrero: When regarding the train station it is the historic site, let's make a note that Chairman Calvin Russell is now joining us on the board now just for the record. Ms. Hall: Chairman Calvin Russell arrives at 7:35 pm. Planning Council Minutes 07/7/2015 Page 6 of 19 Chairman Russell: I'm just following; I hear the idea of the designs of the building. I think it is a good idea to keep what the city has been built on. I think we should stay on track with that. I don't won't talk too much, I just walked in. Whatever we do should be consistent in what we have already. Member Barnes: Mr. Leger can you read that sentence from the Developer Agreement that outlines the Moorish influence for the design. Mr. Leger: The color and dimensional characteristics of all structures materials including the incorporation of a mural "Moorish" Features that are characteristic of the City and as discussed and agreed upon by the Parties; Mr. Leger: It's a mural that has been proposed that's going to be fenced off the tower. The applicant has agreed with the landlord and City to create a painting on that wall. We wanted to keep it consistent within the area. We even encouraged not only landscape around the wall but also provide artistic mural transformation of Opa-locka within the area. Member Barnes: I don't disagree with the recommendation but I do agree with Ms. Tydus. This is 2015. Is it possible that the language not limited to just architecture could it be more Moorish influence, so that the artist can intrret how they actually feel. It seems to me that we are limiting what the artist can do whoever the artist maybe. Mr. Leger: This is still a live document, your comments are welcome. It's not concrete yet we can make any modifications by the board. Chairman Russell: I think the designs we have should be consistent. We should say to contractors that come in the city that this is the design we want. I think we should be consistent. You have to have something in your guidelines to make sure that happens. It's nothing terrible or out of order; I feel we should follow that pattern. Attorney Pizzi: I have a question, "Do the site plan that got approved. Does the site plan contain anything that will limit the design to the Moorish Architecture? Mr. Gay: No it doesn't Attorney Pizzi: Ms. Tydus wanted to change it. She would make a motion to delete the item 10.0 the words a mural "Moorish" Features that are characteristic of the City. Then the Planning Council would have to vote as to whether or not to delete the requirement or insist it be with the Moorish architecture. If you want to change that somebody would have to make a motion. Mr. Gay: Please, remember this is an application that looking at doing a mural work. It's already been agreed by the developer and property owner. If we desire to open it up of any other Planning Council Minutes 07/7/2015 Page 7 of 19 art or form. That basically give them a free ticket to any type of design to it and it doesn't have to reflect anything of Opa-locka that's the thing you have to take into consideration it's on a historic property. It's just a mural; meaning to be painted on a wall it can be changed if we feel what is presented is not suitable. Member Tydus: I think that just changing, the words that are consistent of the City because it's not consistent. There are documents "CRA board I think it was that spoke about changing the characteristics of the City. I think that perhaps this stated of that particular area not of the City. Chairman Russell: I think we should check with the Chairman of the meeting so we won't be out of order. I would appreciate it. Attorney Pizzi: You can just state that color and dimension characteristics of all structures and materials including the incorporation of a mural feature. As discussed, in the words that are in characteristic of the City just eliminate that. Chairman Russell: The community development and the contractors are on the same page in agreement what you asking for This board should only vote it up or down. I think changing how we should design the City should be dealt with the Commissioners. Changing any language, we're not making law here we are just voting on this simple issue. We have before us the plans and agreement, either we say yes or no. Mr. Leger: This development agreement is still a live document that's why part of our recommendation is recommending that whatever changes the board any deem necessaries to do so and proceeding with those changes before it gets to the commission package. The changes that you guys recommend will be within the commission package within this document. Chairman Russell: If this item we are voting on is approve for the design to stay in that area. With both agreement with community development and the applicant I think that's what we should be attending to. We are here to prove a project either we move it up or move it down. Member Tydus: We're considering right now whether we will approve this development agreement and this particular issue is a part of that agreement. We are in complete order by having this discussion. I would hate to have to vote down the entire agreement over one issue. Member Guerrero: As I see it at this point it would be a matter for a motion since there are differences and opinions. Chairman Russell: That's the fine point, each member have the right to vote or against. We can either vote this project up or vote it down. Planning Council Minutes 07/7/2015 Page 8 of 19 Member Tydus: Mr. Attorney will you make your recommendation again, as far as amending the agreement. Attorney Pizzi: You can recommend this approved as it is right now with no changes or you can recommend modifications. If you want to do it the way Chairman Russell suggested it would simply be a motion to recommend to the Commission approval of the development agreement in the package. If you want to make a modification your motion would be modify the agreement anyway you want to modify it. If you wanted to remove the words, "Moorish" Features that are characteristic of the City. Your motion would be approve the developer agreement but to modify paragraph 10.0 remove the language that states that are characteristic of the City and it would say incorporation of a mural of"Moorish" features that are discussed and agreed. If someone wanted something to change within the Developer agreement you would have to a make a motion and get a second to see if it will pass. Member Guerrero: Public hearing is open, for or against item 2 the developer agreement. Member Guerrero: Public hearing is closed. Can I get a motion? Chairman Russell: Do we get a motion to move the project as it with the agreement with C community development and the applicant as written in the form we have on record? Can we get a motion to move it? Member Guerrero: You're making the motion? Chairman Russell: Yes, I'm making the motion. Member Barnes: I second the motion. Member Guerrero: Roll Call. There being,no discussion, the motion passed by a 3-1. Germane Barnes - Yes Elio Guerrero - Yes Calvin Russell - Yes Rose Tydus - No Planning Council Minutes 07/7/2015 Page 9 of 19 3.) APPLICANT NAME: JOSEPH BARTON, CINDY BARTON 14495 NW 22ND AVENUE, OPA-LOCKA, FLORIDA 33054 REQUEST: FOR THE PLANNING COUNCIL, TO RECOMMEND TO THE CITY COMMISSION TO CONSIDER APPROVAL OF A SITE PLAN FOR AN EXISTING STRUCTURE AND PARKING LOT FOR THE ABOVE REFERENCED ADDRESS. Mr. Greyson: Good evening, before I start. I would like to pass out a visual aide. This is from Google earth and this is what the property looks like now What we have is a proposal to develop the parking lot not the building. The building has been there for decades. We feel that the parking lot needs some improvement. We've worked with staff for many months. . All the trees and everything meet code requirements. I want to point out one thing about the design it's beneficial to the property owner on 144th Street and that's to the right of the photograph I just gave you This will shield this house from cars in the parking lot. The shrubbery will block head lights at night. It will be beneficial to us and the City as a whole. I have my engineer here to further this presentation. Mr. Rodriguez: Good evening, Ishmael Rodriguez, Planning Group Consultant. What we did we reconfigured the parking lot. We gave it more spacing. We did landscaping which does not exist at the property at all right now. We have minimum landscaping requirement as to the Opa- locka landscaping code.Actually we are above that. The Code requires six trees, we have eight trees. We have shrubbery all around the property with the exception of approaches. We are also putting in a green area in the center of the parking so it can retain water. The building has been grandfathered for sixty years. We are not doing anything with the building. We're just beautifying and reconfiguring the parking area and resurfacing it. Member Guerrero: Speak in the microphone please. Mr. Grayson: It's not a major reconfiguration, it allows two handicaps spaces. It improves the traffic flow a little. Member Guerrero: So there won't be any remodeling to the building? Planning Council Minutes 07/7/2015 Page 10 of 19 Mr. Greyson: That's not what's before you tonight; we don't anticipate doing any exterior renovation to the building. We might paint it, we don't know yet. We'll work with staff on the choice of color. Member Guerrero: Thank you. Mr. Greyson: Thank you. Member Barnes: Can I see that? Mr. Rodriguez: May I add that the building is not one of the requirements that the city has asked us to comply with. They just wanted us to beautify the area. Chairman Russell: Are you guys the owner of the property? Mr. Rodriguez: No, I'm the architect. Chairman Russell: Who is the owner? Mr. Greyson: The owner is in the air on a flight as we speak. Mr. Rodriguez: One of the renders shows how it would look like. It shows what it will look like from the residential area We also have an alley which is a 15 foot wide alley in the back, which separates the property from the residential as well. Member Barnes: I have a question for Community Development, "Should this proposal be passed today? In the future the owner may decide to change the structure. Would we have to go back and change the parking again or that becomes a separate thing because he said they are doing them singularly? Mr. Leger: As of now the existing structure is grandfather structure. They are not here for that. They are here for the parking lot. For example, the owner may decide to do a use or have use within the structure that would require additional parking. They would have to make modification to the site plan to accommodate for the amount of parking spaces. I believe the structure of the parking is grandfathered in. Mr. Gay: The site is what it is. You can't make it any larger it's pretty much restricted. This configuration of the parking made the site more maneuverable then what exists now. The parking goes down as an angel. There is no true form of a regulated parking. Some parking spaces are 20 feet long and some are 14 feet long because of the way it is angled. Now that we had them to redesign to make it more formal it meets all of today parking requirements. As it relates to the building it is grandfathered in. Whatever the use is, that's what the use is. If a use has a high parking demand should come before this particular property what the landowner and lease Planning Council Minutes 07/7/2015 Page 11 of 19 would have to do is look and seek out different property nearby and do a lease agreement to accommodate their parking. That's something that we are crafting now that's a part of our new land regulation that will be coming before this board shortly. Member Barnes: It just didn't make any sense to me you would do this work on the parking lot without the intention of changing the building. Then you don't plan on doing anything to the building. Member Guerrero: It is one property owned by one owner right? Mr. Gay: Yes, it is owned by one owner. We have worked with them before. It is one parcel. Member Guerrero: Any other questions? Member Guerrero: Public hearing is now open anyone for or against item number three? Member Guerrero: Public hearing is closed. Can I get a motion? Mr. Gay: Before you make a motion, we do have a presentation from staff. Chairman Russell: If the applicant presented their case already to us and Mr. Gay already validated it what is it Community Development can tell us then? Member Guerrero: There might be conditions, stimulations, and regulations. Mr. Leger: It's going to be a quick presentation. Site plan approval request for an existing structure and parking located at 14495 NW 22 avenue, Opa-locka, Fl 33054. The property size is 19, 023 square feet. There is a one story building on the property approximately 5,619 square feet. The zoning is B-2 which is Commercial Liberal. This is a picture of the existing conditions of the properties.We've been working with the applicants for some time now. In your package, the proposed plans where they will have Ingress and Egress point they have it on 22 avenue and Wilmington Street and Rutland Street as highlighted in blue on the presentation. The applicant is proposing nine trees including two palm trees. The staff recommends that they add additional trees along eastern southeastern and southwest edge of the property. We want to alleviate negative factors pertaining to the surrounding of the property. They do provide shrubberies that do help projection of headlights. We want to encourage any new development that we want to help promote the beautification of Opa-locka. A few issues and concerns, currently there is a moratorium on any liquor establishments. We want to make sure we are making it clear. We want to put on the record that there is a moratorium on any new liquor establishments. The staff recommends all signage shall comply with the City's Sign Code Ordinance no 14-16; all landscaping and parking areas must be provided and maintained as shown in the Site Plan. Trees Planning Council Minutes 07/7/2015 Page 12 of 19 to be planted must reflect the specifications and details provided in the site plan; Additional trees, hedges and shrubberies shall also be provided along the eastern edge and southwestern edge where the two proposed palm trees are located of the subject property; All trees, other landscape features, and sprinklers shall be installed prior to the issuance of a certificate of occupancy; Compliance with resolution 5058, fare share agreement; Extend employment opportunity to City residents through the City's Human Resource Department and the Opa-locka workforce; Maintain 100% the use, function, or any recommendation the Planning Council Board deem necessary for this site plan and/or not limited to the provision of satisfying all other city's land development code pertaining to the site, landscape and structures; All trash and garbage containers shall comply with the City dumpster enclosure requirements, and must be indicated in the site plan; Code Enforcement shall be allowed on the site to ensure the property is being maintained as shown on the site plan; The hours of operation of any permitted use proposed by the applicant shall be subject for review and approval by the City pursuant to the city code of ordinances and all other city applicable laws. No new liquor establishments citywide shall be permitted pursuant to ordinance No 14-09. If you don't have any questions that's it. Mr. Greyson: Tonight is the first night we are hearing about the extra trees after months almost a year now Now they want extra trees. We got a budget we have to deal with I can't agree to put trees one after the next. I don't think there is room enough for the trees they proposed. We have a dense hedge row between the parking lot and the house next door. There's not going to be any headlights coming through that edge. We don't have to do anything we can leave it as is I think we are here in good faith, doing what we can do. We are putting more trees then required by the code. We are doing this in good faith. Please don't add conditions. We just can't meet we just can't afford to do it to the City Beautification. Member Barnes: I understand what you're saying but the delivery could be different. It seems that you are proposing an ultamative to us on the Planning Council as if to say what you want, you don't get, what you get you don't have to do anything and it could stay as it is. I let you speak so let me speak as well. I too am an architect as well, so I understand where you are coming from but I think that verbiage makes a difference. I think the way you are doing the presentation at this moment would not be in your best interest. With that being said I do think that trees and vegetation is needed and it makes sense. For the future, and the rest of this presentation I really would appreciate it if you didn't speak to us as if we need you. I don't think we should conduct meetings in that manner. Mr. Greyson: I'm sorry that you took my presentation that way. I'm use to presenting the facts of the case. I'm not a politician. My clients are here in good faith. We have pictures and did the entire site plan review. This is an 11`h hour surprise. They want to double the amount of trees. Please keep in mind that this going to cost thousands of dollars. That's why I'm saying, I don't Planning Council Minutes 07/7/2015 Page 13 of 19 mean any disrespect. I can't agree to double the number of trees because I haven't discussed this with my client. This is a new position the city has taken. Member Guerrero: We understand your point. Chairman Russell: To Community Development, what is required? Mr. Leger: The applicant have met the requirements, we would like to recommend more trees. We want more greenery. Mr. Gay: The city of Opa-locka became designated a tree city about 7 months. We always reserve the opportunity to enhance the barrier between the commercial and residential areas. There is a mature period which can be between 6 months to 6 years. At the end of the day it's going to be a win-win for the applicant. Chairman Russell: Community Development this should be ironed out. If you guys make a recommendation then the applicant doesn't agree that puts the board in a position. You made a statement that they made the requirement. I thinking asking for more trees would be a good idea. The beautification will stand out more Does anybody have any more questions for Community Development? Member Guerrero: Public hearing is open. Is anyone for or against item three? Member Guerrero: Public hearing closed. Chairman Russell: Can we get a motion to approve the plans and conditions with additional trees? Is that correct? Attorney Pizzi: The motion would be to recommend the City Commission approve the site plan consistent with all staff recommendations. Member Barnes: I have a question? Chairman Russell: There is a motion on the floor. Chairman Russell: A motion for the approval, with the conditions including additional trees to make the area more beautify. Member Tydus: I second. Planning Council Minutes 07/7/2015 Page 14 of 19 There being no discussion, the motion failed 1-3. Germane Barnes - No Elio Guerrero - No Calvin Russell - No Rose Tydus - Yes Member Barnes: My comment is simply, that Community Development and the applicant need to sit back down and figure out the terms of the agreement. It even if we agreed it seems that they weren't going to hold up to their bargain. Mr. Greyson: You cannot say that my client will not do what was proposed! You are out of line! Chairman Russell: If the applicant stated to the board, with any intent to follow the recommendation. This is done, it's over with Do not come back to the mic Mr. Greyson! This is done; the vote in it is done. We only asked for an agreement. Attorney Pizzi: You need a motion now to deny or a motion to defer or a motion to approve without staff recommendations. The applicant doesn't have the right to come to the mic since Public hearing is closed. Chairman Russell: I agree with Councilman Barnes. He was just trying to say come together to iron these things out. We can't lose focus. It has to be a total agreement with both parties. Member Guerrero: I want to motion to approve as the site plan was presented to us. I understand that doesn't change the recommendations with staff. Chairman Russell: I'll second it with discussion. Attorney Pizzi: The motion is to approve as presented as the applicant site plan. You can second it with discussion. Chairman Russell: I think it will be best to defer it, so Community Development and the applicants can hash it out. I will support that we defer it. Attorney Pizzi: You have to vote it up or down the motion to approve that is presented by the applicant. Member Guerrero: Their site plan meets the minimum requirements as it stands by our ordinance. Chairman Russell: I second. Planning Council Minutes 07/7/2015 Page 15 of 19 There being no discussion, the motion passed 3-1. Germane Barnes - Yes Elio Guerrero - Yes Calvin Russell - Yes Rose Tydus - No Mr. Gay: Okay item is approved. We do have a few announcements. Chairman Russell: Excuse, Me Mr. Gay but Mr. Greyson you guys are done. V OTHER BUSINESS: Mr. Gay: We have a couple items that are time sensitive items that need to be addressed by the Planning Council. We are looking at July 23, 2015 a possible meeting date for a special planning council meeting which is on a Thursday. Chairman Russell: On what? I missed the entire thing. Mr. Leger: We had two items that we called two meeting for but it failed for a lack of quorum. We would like your approval to give us the green light so we can advertise the special Planning Council Meeting for July 23, 2015. Those were the two packages you guys already have. Chairman Russell: I would like to apologize for my attendance. I always like to see us do workshops, did we have any workshops? Mr. Gay: We had three workshops prior to this time sensitive item. Planning Council Minutes 07/7/2015 Page 16 of 19 STAFF UPDATE VI ADJOURNMENT Chairman Russell motioned to adjourn and Member Guerrero seconded the motion. Meeting adjourned at 8:40pm. Planning Council Minutes 07/7/2015 Page 17 of 19 Submitted by Kinshannta Hall Planning Council Clerk ATTEST: Mr. Calvin Russell Planning Council Chairman Planning Council Minutes 07/7/2015 Page 18 of 19 July 07th PLANNING O� t� { 4 C?4 � ,D .„, .,„,,,,,...?„,.„. k COUNCIL �4� -0``�2 AORA-t TOWERCOM: Site Plan Staff Report APPLICANT'S REQUEST: To construct a cell tower disguised as a flagpole. i a Y Z 35 Pik' "q� .� �3€ '.k. f�.�' ,}p.� � ,"x " w FEE: � O took W k � � a "`'..�"� � ,�"�. ,r '' jrt i 4 Y F 4. � &' !- fE � ` .anw esT oR _ _ � § � Yellow City of Opa-locka 1 Planning and Comnnmity Dcvelopnient Departnment Page 2 of 10 Table of Contents Site Background 3 Project Details & Overall Analysis 3 Project Need Assessment / other Required Approvals 6 Development Review Committee (DRC) 7 Staff Recommendations 7 Attachments 8 City of Opa-locka Planning and community Development Department I. Site Background This site used to be the Opa-locka Tri-rail Station and is now known as the Historic Opa-locka Tri-rail Station. • Legal Description According to the Submitted Survey by WSP Consultants, Inc. (Surveyors and Mappers) the subject Property's legal description is as follow: (PER OFFICIAL RECORD BOOK 20725,PAGE 1046 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY,FLORIDA) A PORTION OF BLOCK 96, OF PLAT NO. TWO, OPA-LOCKA, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 28, PAGE(S) 72, PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE MOST NORTHERLY CORNER OF SAID BLOCK 906 AND RUN S 28° 02'30"E ALONG THE NORTHEASTERLY LINE OF THE RAILROAD RIGHT OF WAY FOR 230.00 FEET; THENCE N 28° 02' 30"W, PARALLEL WITH THE NORTHEASTERLY PROPERTY LINE OF SAID BLOCK 96, FOR 125.00 FEET;THENCE N 61° 57'30"E,AND ALSO BEING ALONG THE NORTHEASTERLY PROPERTY LINE OF SAID BLOCK 96, FOR 230 FEET TO THE POINT OF BEGINNING, LYING AND BEING IN THE CITY OF OPA-LOCKA, MIAMI-DADE COUNTY, FL, AS SHOWN ON PRINT IF SURVEY DATED 4-12-1984, PREPARED BY SCHWEBKE-SHISKIN&ASSOCIATES,INC. II. Project Details & Overall Analysis • Applicant's intent TowerCom Enterprises, on behalf of the Community development Fund of North Miami-Dade, is requesting for the Planning Council to recommend to the city Commission to consider approval of a site plan for a proposed 100 feet stealth cellular installation disguised as a flagpole at the above referenced address. -Site Corn.utations &Land Davelo t R /Zonln! Table 1 .licant TowerCom,LLC Folio 08-2121-005.0440 w.......Location 490 All Baba,Opa cka,Florida ° e Foe int* _ the area occupied by the proposed Cell Tower is approximately 1,000 Sq. Ft. (20'x50') Fkor Area nm N/A Zerg 1-3 (Industrial Planned development) Ceneistenci The proposed use is'consistent with the permitted uses according to the zoning for the said location/propey •x#� }'h Commercial (Daycare Center) Commercial The proposed use is consistent with the following section (s) of the Comprehensive Plan: Utilities ,:. Ordinance no.86-8,Article ;4.4;6.12;7;9 REQUIRED PROPOSED COMPLIANCE 15 feet minimum from R,O W. 11 feet NO 25 feet minimum 63 feet YES #' 0 interior lot line 0 YES 0 interior lot line 206 feet YES `� .4. ... NIA N/A N/A 75%maximum (Existing 78%) N/A N/A N/A N/A City of()pa-locka I Planning and Community Devclopni(ut 1)cpartment Page 4 of 10 Lot Size Minimum 2 AC or subdivided Approx.28,750 Sq. Ft. 20,000 Sq. Ft. Lot Width N/A N/A N/A Structure Hei•ht 45 feet or less 100 feet NO Structure Len•th &Width N/A 20'X50' N/A Other Vehicular Use Area N/A N/A N/A Landsca•in Parkin• Detail N/A N/A N/A Landscape/Pervious L. Minimum 25% (Existing approximately N/A Covera•e 22%) otification Requirement .This request was properly noticed pursuant to state law and city charter by the city clerk's office. - A copy of the notice for advertisement titles were given to the Clerk's Office to be advertise at least 10 days prior to this Planning Council meeting. x; - City Commission Meeting:TBD Local Government Actio The City Commission must review this site plan and consider approval/disapproval Require a ter it is reviewed by the Planning Council and any other applicable board or v;. agency. Existing Conditions: Currently the building or existing structure on the site is use as a daycare. The site also contains a parking lot and landscapin.. S ^ L -.,,,,:;.:-,54, N! 4 t yen.. ,,,,;14.."ho::i�52 {'' .p4.44.'11.•� ^9 L .. a TA' '"r '',`L.`" .. _ -0.q .. ,y w ',671.;.‘i.- y �; I..%I. IN • . s 7}L 0 . wad: s._ . '�'is y':r:�.'- v 1 04 ., City of Opa-locka'Planning and Comm�uiity Development Department Page 5 of 10 Surrounding Land Use and Zoning: Table 2 Lncatkm xiatn. Land WO re Land Use Zonitt, , ' , . = • .. NOrlti US Postal Services Utility Commercial P-P br , u le south Railroads, Residential Utility, Residential Residential - East Vacant Commercial I-1 (limited Industrial) Opa-locka Tri-rail Station Utility 1-3 (Ind. Planned Dev.) Surrounding Zoning Designation Map -v-40.7 ' .0%, .0-..0 yliiiiiiiiirmigum Filimitzlia ,',#%444' 1 44 ,.. \Pt_ 9t \Ali illor.:0i SHARAZAD BLVD 111.11. UM aidifillf° l''‘\\\\\*.\\<:: #9.4.\\;\"\\N 111111.700 •0 10.0w1C001001111140 PI Ar lek00110°5 \sti0.\\ I \,,\%.W:*.cLs‘.0.51.1011 SABUR LN \'''■\'‘'-`,\/NN o„,.:\ y6,--14\ \ IIcl k.,,, -f,s\,:::\\s.,\\:::p.e.".. 05:\ ,,,,\,\..„ , ,s,4,1001 ,,,,..,..\\„1,\-------' .,...‘)...\‘'•■„ 0 ,.,..'s, ts1 \NN,,„\*,:.\\■,„,„„10.\ .;\\,, \40 . ', ,..-------- \\,, „A,,,,,,,,,,,N,,,,,,,.. ,, .4\s■,\s 1:,‘, \ _„---- ,diiiiiik Ctrlil ..,:3 , ....., \ WIPP. d'-'• 111 1111111111 WEST DR ,IN _JINNI" 1111111•1111■ ill■IMM0.111.1.11. r., R PI R,.,c1 Up Town,,,,,,,,,,,,,,,,,, PPP City of Opa-locka 1Planning and Comm n I I) unity—CN c.opment__epartment Page 6 of 10 • General Character/Neighborhood Compatibility:The proposed development use will be in Harmony with the general character of the surrounding neighborhood considering population density, design, scale, and bulk of any proposed new structures, intensity and character of activity, traffic and parking conditions? - Findings: the proposed cell tower will be the only one within the area. • Tree Preservation: Compliance with Tree Preservation Ordinance required pursuant to City ORDINANCE NO.10-03 - Findings: applicant will remove existing trees affecting the area on the site where the cell tower is proposed. • Storage: all items stored - Findings: the cell tower ground components are proposed to be hidden from any public views. • 1-3 (Industrial Planned Development)Zoning applicability - Findings: D. Exceptions to Permitted Uses Where any lot within this district shall abut an R-1, R-2, R-3, R-B, B-1 and B-2 district, the following uses are encouraged: 8. Telephone exchange and similar utility buildings. 10. T.V. and broadcasting stations, including studio transmitter station and tower, power plants and other incidental and unusual uses pertaining to such stat ions. • Community Comments/Petitions: - Findings: the applicant provided the department with completed community petition letters. (please see Planning Council Application) III. Project Need Assessment/ other Required Approvals 1. Comprehensive Plan Amendment(Small or large Scale): Land Use Change(Map Amendment); subject to the Department of Economic Opportunity(DEO) Review. • Findings: N/A 2. Land Development Regulation/Zoning Code Text Amendment • Findings: N/A 3. Rezoning/Zoning Change/Zoning Map Amendment: • Findings: N/A 4. Site Plan • Findings: YES: Application submitted for Planning Council Meeting to be held on Tuesday,July 07th, 2015 (this meeting) 5. Development Agreement/Restrictive Covenant City of Opa-locka jPlannitig and Community Development Department Page 7 of 10 • Findings: YES (Development Agreement) 6. Zoning Board of Appeals • Findings: NO IV. Development Review Committee (DRC): Meeting Review Comments 1. Capital Improvement Project (CIP) reviews: • Findings: did not review 2. Building reviews: • Findings: did not review 3. Police reviews: • Findings: did not review 4. Community Redevelopment Agency (CRA): • Findings: did not review 5. City Manager's Office (CMO): • Findings: Reviewed advertisement notice 6. Code Enforcement: • Findings: did not review 7. City Attorney's Office: • Findings: reviewed advertisement and development agreement 8. Public works: • Findings: did not review 9. Inter-jurisdictional Review or other applicable agency: • Findings: FAA,FCC (please see the Environmental Corporation of America(ECA) report and NEPA &FAA letter) V. Staff Recommendations: • All signage shall comply with the City's Sign Code Ordinance no. 14-16; • All landscaping areas must be provided and maintained as shown in the Site Plan; • Existing trees are to be retained or replanted • All trees, other landscape features, and sprinklers shall be installed prior to the issuance of a certificate of occupancy; • Adequate landscape buffer around the cell tower entirely to prevent any public views for at least 6 feet in heights from ground up. City of Opa-louka'Planning and Community Development Department Page 8 of 10 • Trees, edges and shrubberies shall also be planted along the eastern edge of the proposed cell tower to prevent any public views for at least 6 feet in heights from ground up. • Grass or other type of shrubs shall replace any proposed mulch; • The United State of America Flag shall be the only flag permitted to be display at the top of the cell tower; • Code Enforcement shall be allow on the site to ensure the property is being maintained as shown on the site plan; • A mural contributing to the art and transformation of Opa-locka of non-explicit contents or materials shall be painted on the perimeter wall of the cell tower no later than 180 days of the City Commission approval of this cell tower site plan; • Compliance with resolution 5058, fare share agreement; • Extend employment opportunity to City residents through the City's Human Resource dept. and the Opa-locka workforce; during the construction phase. • Maintain 100% the use,function, or any recommendation the planning Council Board deem necessary and or not limited to the provision of satisfying all other city's land development code pertaining to the site, landscape and structures; • The Development Agreement shall specifically address any requirements set forth by the State,the City's Land Development Code,Planning Council Board and the City Commissioners for this proposed cell tower(TowerCom) site plan; • The Height of the Cell Tower/Communication Tower shall not exceed one hundred fifty (150)feet.Tower height shall be measure from the crown of the road of the nearest public street. (Pursuant to the City of Opa-locka Code of Ordinances Sec. 7-102:Minimum standards for communication towers). • FCC emissions Standards: all Communication Towers shall comply with current radio frequency emissions standards of the Federal Communications Commission • This proposal of a 100 feet stealth Cellular Tower shall comply with the City of Opa-locka Code of Ordinances applicable section(s) and/or are not limited to the following: Article VII-Wireless Communications Systems; sec. 7-90 through 7-110 /1. Attachments: • Site Plan Plannin• and Communit Develo•ment De•artment € y Ss xi."`+ ,m r` Fc g, " ,:a' tl i ate. Project Planner Josue Leger,City Planner Zoning Gerald J.Lee,Zoning Official Approved by Gregory D. Gay,Director Planning and Community Development City of Opa-locka Planning and Community Development Department RESOLUTION NO. SP-15-07-23- RESOLUTION OF THE PLANNING COUNCIL, OF THE CITY OF OPA-LOCKA, RELATING TO THE APPLICATION OF: Opa-locka Community Development Corporation,Inc. & Towercom III,L.L.0 FOR: A RESOLUTION OF THE PLANNING COUNCIL RECOMMENDING APPROVAL TO THE CITY COMMISSION FOR TOWERCOM SITE PLAN APPROVAL TO CONSTRUCT A 100 FEET STEALTH CELLULAR TOWER INSTALLATION DISGUISED AS A FLAGPOLE AS SHOWN IN THE SITE PLAN, AT 490 ALI BABA AVENUE, OPA-LOCKA, FLORIDA 33054,ALSO IDENTIFIED BY FOLIO NO. 08-2121-005-0440. WHEREAS,applicant has appeared before this Board for the request in the application, and all evidence, documents and exhibits have been received and marked pursuant to the Code of Ordinance of the City of Opa-locka. NOW,THEREFORE,IT IS RESOLVED AS FOLLOWS: 1) That the request in the application by the applicant be and the same is hereby a. APPROVED 0 DATE:07-07-2015 b. DENIED ❑ c. NOT DETERMINE ❑ until additional consideration at the regular meeting to be held on / / - That the following special condition be and they are hereby imposed,conditioning the determination aforementioned: a. b. ***The Planning Council Approval of this request PASSED by a 3 - 0 vote*** I HEREBY CERTIFY that the resolution containing the determination of this Board is a true and correct copy as is reflected upon the public records of the City of Opa-locka this day of Chairperson or Designee city of Opa-locka I Planning and Community Development Department Page 10 of 10 The Following changes/recommendations are u dates based on the Planning Council Meeting discussions in regards to the proposed City of Opa-locka 1PIaiming and Community Development Department Y=�a is- „:7, ,t, ,, .„ ,..i,:, """S G mti r )00 Z � o z _ m K D o Z • Crr . co % Cm 0 = t4 0 Q r < ! 5 O o M p , `'tip O 0 M a lir I r "'\ C I .0 0 13 11 1 m I , 1 V z D 11 ! 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