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David Berger 12/31/2015 City of Miami Beach,17 00 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachfl_qov_ OFFICE OF THE CITY CLERK,Rafael Granado,City Clerk Tel:(305)673-7411,Fax:(305)673-7254 03-18-2014 David Berger 1836W 23rd St, Sunset Island#3 Miami Beach, Florida 33140 'SUBJECT: Parks and Recreational Facilities Board Congratulations! You have been appointed by the City Commission to the agency, board or committee named above for a term ending: 12/31/2015. Pursuant to Ordinance No. 2006-3543, commencing with terms beginning on or after January 1, 2007, the term of board members who are directly appointed by a member of the City Commission shall automatically expire on December 31 of the year the appointing elected official leaves. If you are unable to accept this appointment or have any questions, please call the City Clerk's Office at 305-673-7411. Please read the enclosed materials carefully. Congratulations again and good luck. Sincerely, Rafa I E. Granado City Clerk cc: Saul Frances, Parking Director John Rebar ATTACHMENTS: Letter of Appointment Oath City Code/Ordinance section applicable to agency, board or committee City Code Section 2-22, 2-23, 2-24, 2-25, 2-26, 2-458 and 2-459 Ordinance No. 2006-3543-Amendment to City Code Section 2-22 Miami-Dade County Code Section 2-11.1 -Conflict of Interest and Code of Ethics Ordinance City Wide Permit Application -(Parking Department Form) Booklet-Guide to the Sunshine Amendment and Code of Ethics for Public Officers and Employee We are committed to providing excellent public service and safety to all who live,work and play in our vibrant,tropical,historic community. MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachfi.gov OFFICE OF THE CITY CLERK,Rafael Granado,City Clerk Tel:(305)673-7411,Fax:(305)673-7254 TO: David Berger RE: Parks and Recreational Facilities Board I do solemnly swear or affirm to bear true faith, loyalty and allegiance to the Government of the United States, the State of Florida, and the City of Miami Beach, and to perform all the duties of a member of the above-mentioned board or committee of the City of Miami Beach to which I have been appointed. have been issued a copy of Section 2-11.1 of the Miami-Dade County Code,(Conflict of Interest and Code of Ethics Ordinance), as well as the Florida Commission on Ethics Guide to the Sunshine Amendment and Code of Ethics for Public Officers andunderstand that as a member of a City of Miami Beach Board and/or Committee, I must comply with the financial disclosure* requirements of Miami-Dade County or the State of Florida (depending on the board or committee on which I serve) on July 1 st, following the closing of the calendar year on which I have served. David Berger Sworn to and subscribed before me this 2 day of u' ►P?—C , 2014 Silvia Prieto Deputy Clerk *Please visit the City of Miami Beach website at www.miamibeachfl.gov under City Clerk/Board and Committees for additional information regarding the Financial Disclosure Requirements. We are committed to providing excellent publi ervice and Safety to a/'whop live, wgrk ar�d play in our vibrant, tro�i�a/�hist i ommunity. We are committed!o providing excellent i,ublic service and safe y,o a who live, work,ar;a play;n,our vibrant, rropica; community. ?IMW PO I CATN'01 7- P10 11 D NAME: Berger David i Last Name First Name Middle Initial HOME ADDRESS: 1836 WEST 23 STREET Miami Beach FL 33140 Apt No. Home No./Street City State Zip Code PHONE: 3055329500 3055329500 bergerdav@aol.com Home Work Fax Email Address Business Name: Position: Address: Miami Beach FL Street city State Zip Code Pursuant to City Code section 2-22(4)a and b: Members of agencies, boards,and committees shall be affiliated with the city;this requirement shall be fulfilled in the following ways:a)an individual shall have been a resident of the city for a minimum of six months;or b)an individual shall demonstrate ownership/interest for a minimum of six months in a business established in the city. • Resident of Miami Beach for a minimum of six(6)months Yes • Demonstrate an ownership/interest in a business in Miami Beach for a minimum of six(6)months: Yes •Are you a registered voter in Miami Beach: Yes • (Please circle one): I am now a resident of: South Beach • I am applying for an appointment because I have special abilities, knowledge and experience. Please list below: Former Chair of Tennis Advisory Committee and Tennis Management Contract Evaluation Committee,former Special Counsel t •Are you presently a registered lobbyist with the City of Miami Beach? Yes Please list your preferences in order of ranking[1]first choice[2]second choice,and[3]third choice. Please note that only three(3) choices will be observed by the City Clerk's Office.(Regular Boards of City) Choice 1: Tennis �a V'kS � ��C�G►-``eu �ll cll t�1�.1 �Li 6r cot"UA-k 44,e e `�P– tAvi '5 Aav %sov Choice 2: A—Mi 0 go 4�08 Choice 3: Health Facilities Authority Board Note: If applying for Youth Advisory Board, please indicate your affiliation with the Scott Rakow Youth Center: 1.Past service on the Youth Center Advisory Board: No Years of Service: 2.Present participation in Youth Center activities by your children No if yes,please list the names of your children,their ages,and which programs. List below: • Have you ever been convicted of a felony: No If yes, please explain in detail: •Do you currently have a violation(s)of City of Miami Beach codes: No If yes, please explain in detail: • Do you currently owe the City of Miami Beach any money: No If yes,please explain in detail: •Are you currently serving on any City Boards or Committees: No If yes,which board? Chaired Tennis Advisory Committee until 12/31/13 •What organizations in the City of Miami Beach do you currently hold membership in? • List all properties owned or have an interest in,which are located within the City of Miami Beach: • I am now employed by the city of Miami Beach: No Which department? The following information is voluntary and is neither part of your application nor has any bearing on your consideration for appointment. It is being asked to comply with federal equal opportunity reporting requirements. Gender: Male Race/Ethnic Categories What is your race?Mark one or more races to indicate what you consider yourself to be. White Other Description: Are you Spanish/Hispanic/Latino? Mark the"No"box if not Spanish/Hispanic/Latino. No Physically Challenged: No NOTE: If appointed,you will be required to follow certain laws which apply to city board/committee members. These laws include,but are not limited to,the following: • Prohibition from directly or indirectly lobbying city personnel(Miami Beach City Code section 2-459). • Prohibition from contracting with the city(Miami-Dade County Code section 2-11.1). • Prohibition from lobbying before board/committee you have served on for period of one year after leaving office(Miami Beach Code section 2-26). • Requirement to disclose certain financial interests and gifts(Miami-Dade County Code section 2-11.1). (re:CMB Community Development Advisory Committee): prohibition,during tenure and for one year after leaving office, from having any interest in or receiving any benefit from Community Development Block Grant funds for either yourself, or those with whom you have business or immediate family ties(CFR 570.611). Upon request,copies of these laws may be obtained from the City Clerk. "I hereby attest to the accuracy and truthfulness of the application and have received,read and will abide by Chapter 2,Article VII—of the City Code"Standards of Conduct for City Officers,Employees and Agency Members." I David Berger agreed to the following terms on 1/18/2014 4: x:23 P Received in the City Clerk's Office by: Name of Deputy Clerk Control No. Date DAVID J.BERGER David J.Berger is the founder,president and principal shareholder of Mega Capital Corporation,a privately held real estate and corporate investment business and a licensed real estate brokerage entity. All investment transactions originated by Mega Capital are conducted through separate special purpose private investment entities. Mr.Berger is an attorney,real estate and corporate investor,real estate developer and merchant and investment banker. Mr.Berger brings a broad base of talents and multi-dimensional experiences to his ventures. For sixteen years,Mr.Berger practiced law as a prominent real estate and business attorney. He was a senior partner in the statewide Florida law firm of Broad and Cassel,resident in the Miami office and a member of its management committee and head of its real estate group in Miami. As a lawyer,Mr.Berger has extensive legal experience in the areas of real estate,corporate business,finance,government contracting,lending and other areas. While a practicing lawyer,Mr.Berger handled a great number of sophisticated and complicated projects well in excess of one billion dollars and has represented creditors,debtors,owners and government agencies involved with a multitude of real estate,business,financing,financial and other creative matters in virtually every product type. Mr.Berger has served as Special Counsel to the City of Miami Beach and to its Redevelopment Agency in connection with a variety of transactions including various public private ventures,acquisitions,negotiations, eminent domain,RFPs(including the Loew's Hotel and African-American Hotel RFPs)and tax increment financing. transactions. In this capacity he has worked closely with the City Attorney and City Manager office. He has also served as Chair of the Tennis Advisory Committee,Chair of the Tennis Evaluation Committee,Chair of the City's Health Facilities Authority and member of the Convention Center Capital Improvements Committee. Mr.Berger left the practice of law and went into business full time in 1995 as an active real estate and business investor as well as an investment and merchant banker. David is a founding member of a merchant banking and investment banking business involved in debt and equity fundings,business and financial negotiations,strategy, consulting and advisory services,business analysis,turnarounds,debt restructures and other matters. David Berger has been a successful real estate and business investor and developer for more than thirty years through a variety of entities and a myriad of product types. His projects include office,industrial,retail,multi- family, leisure,government occupied,and other uses,including a variety of mixed uses,with primary focus on industrial,office,retail and leisure. Mr.Berger's real estate and business activities focus on value-creation where he and his partners develop and implement strategic solutions and structures for his real estate business interests. David Berger received his Bachelor's Degree from the University of Florida and his Juris Doctor Degree from the University of Miami where he was an editor of the law review. Mr.Berger has an AV rating from Martindale- Hubbell which represents the highest rating for legal skills and ethical considerations as determined by other lawyers in Florida. David Berger is a licensed member of the Florida Bar and a licensed Florida real estate broker and Mega Capital Corporation is a licensed Florida brokerage company. Mr.Berger is involved in,and has served on the boards and as chair of numerous charitable and civic organizations,including the Greater Miami Hebrew Academy where he served as Chair of the Board for many years. Perhaps most relevant is that David Berger is an avid sportsman,with particular interest in tennis and golf. He grew up in Miami Beach where he continues to reside. He regularly plays tennis at the various City parks(usually Flamingo Park)several times per week and is familiar with the City's tennis centers and has insight into the needs.of the tennis sports community and the management and operations of the tennis facilities. 1/1/14 MIAMI- DE SOURCE OF INCOME STATEMENT Disclosure for Tax Year Ending Last Name First Name Middle Name/Initial T EP-ae L i7A v lb Mailing Address—Street Number,Street Name,or P.O.Box 3 vJ , City,State,Zip ID Number Ile 0- L� � F ) t40 If your home address is your mailing address,and your home address is exempt from public records pursuant to Fla.Stat.§119.07,read instructions on the following page and check here.❑ Filing.as an Employee ❑County Employee ❑Municipal Employee, Name of Municipality: Position held or sought Department where employed Work address Work telephone Term began on Filing as a Board Member ❑ County Board Member ❑ Municipal Board Member, Name of Municipality: Board where serving Work address Work telephone Term began on List below every source of income you received,along with the address and the principal activity of each source.Include your public salary.Place the sources of income in descending order,with the largest source first.Also, include any source of income received by another person for your benefit. However,the income of your spouse or any business partner need not be disclosed. If continued on a separate sheet,check here.❑ Name of Source of Income Address Description of the Principal Business Activity �- o uu bua C a_14�'V r ,�Q J� t� �vC , <<Sao 4SSoc-lOa, L4 a �MF we SSC �� O k LL C : 'P� (\ `l use S "P I hereby swear(or affirm)that the information above is a true and correct statement. RECEIVED BY ELECTIONS DEPARTMENT: ❑Hardeopy t ❑ Electronic Copy Signature of person disclosing "-D 3 Print name Date signed OFFICE USE ONLY Accepted: Y / N Deficiency: Processed Date!Iniiials: Scanned Datz/Initials: 138 SP-1" 2/13 MIAPABEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach,Florida 33139, www.miamibeachA.aov CITY CLERK Office CityClerk @miamibeachft.gov Tel:305.673.741 1 , Fax:305.673.7254 Acknowledgement of fines/suspension for Board Members for failure to comply with Miami-Dade County Financial Disclosure Code Provision Code Section 2-11 .1(i) (2) 17S Board Member name: understand that no later than JULY 1 OF EACH YEAR all members of Boards and Committees of the City of Miami Beach, including those of a purely advisory nature, are required to comply with Miami-Dade County Disclosure Requirements. This means thatthe members of City Advisory Boards, whose sole or primary responsibility is to recommend legislation or give advice to the City Commission, must file,even though you may have been recently appointed. You must file one of the following with the City Cleric of Miami Beach, 1700 Convention Center Drive; Miami Beach, Florida, by July 1, 201�. 1. A"Source of Income Statement (attached) or 2. A Financial Statement(attached( or] I A Copy of the person's current Federal Income Tax Return Failure to file, according to the Miami-Dade County Code Chapter 1, General Provision, Section 1-5 may subject the person or firm to a fine not to exceed $500.00 or by imprisonment in the county jail for a period not to exceed sixty days, or both. Signature: Date: