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95-21737 Reso RESOLUTION NO. 95-21737 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AFTER-THE-FACT REVOCABLE PERMIT IN FAVOR OF WEST BAY PLAZA, INC., AS THE OWNER OF PROPERTY LOCATED AT 1688 WEST AVENUE, FOR A REVOCABLE PERMIT TO RETAIN SEVEN (7) COCONUT PALM TREES AND THIRTEEN (13) SHRUBS, WITH ADDITIONAL LANDSCAPING AND IRRIGATION SYSTEM, ON THE ABUTTING CITY PROPERTY ALONG THE WESTERLY WALL OF TlIE WEST BAY PLAZA PROJECT. WHEREAS, West Bay Plaza, Inc, is the owner of the West Bay Plaza building located at 1688 West Avenue; and WHEREAS, West Bay Plaza, Inc, has applied for an after the fact revocable permit to retain seven (7) coconut palm trees and thirteen (13) shrubs, with additional landscaping and irrigation system, on the abutting City property along the westerly wall of the West Bay Plaza project (Project), and WHEREAS, on September 27, 1995, the Mayor and City Commission held a public hearing to consider the aforestated request, and it is herein recommended that an after-the-fact Revocable Permit (Exhibit A) be ar;Jroved. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Clerk are authorized to execute the attached after.the-fact Revocable Permit in favor of West Bay Plaza, Inc, as the owner of the West Bay Plaza project located at 1688 West Avenue, for a revocable permit to retain seven (7) coconut palm trees and thirteen (13) shrubs, with additional landscaping and irrigation system, on the abutting City property along the westerly wall of the West Bay Plaza proj ect. PASSED and ADOPTED this 27th day of Sept. ,1995. ATTEST: (signed) Seymour Gelber MAYOR (signed) Jack .Lubin CITY CLERK C:\WPWIN60\WPDOCSIRESOLUTNIWESTBA Y2.REV FORM APPROVED LEGAL DEPT. BY~~ Dclte ~ -2'0 Iff - ---- -----.-- ~ 2 TO: FROM: SUBJECT: CITY OF MIAMI BEACH Vincent Akhimie Public Works Director DATE: lO/6/95 Wb- Jack Lubin Interim C C erk Revocable Permit Enclosed you will find three revocable permits in favor of West Bay Plaza, Inc., as the owner of property located at l688 West Avenue, to retain seven (7) coconut palm trees and thirteen (l3) shrubs with additional landscaping and irrigation system on the abutting City property, for signatures of the president, secretary and two witnesses. After obtaining the applicable signatures, please return the documents to the City Clerk's Office to the attention of Mercy Williams. Subsequently a fully executed copy will be forwarded to you for your files in addition to a copy of the resolution authorizing said easement (Resolution No. 95-21737, (9/27/95, R-3-Q) . Thank you. CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA33139 COMMISSION MEMORANDUM NO. ~ 14 -<1 5 R~ TO: Mayor Seymour Gelber and Memben of the City Commission DATE: September 27, 1995 FROM: Jose Garcia_pe~rosa,,4 City Manager AN AFTER-T CT REVOCABLE PERMIT IN FAVOR OF WEST BAY PLAZA INC., OWNER OF PROPERTY LOCATED AT 1688 WEST AVENUE, TO RETAIN SEVEN (7) COCONUT PALM TREES, THIRTEEN SHRUBS AND ADDITIONAL LANDSCAPING WITH IRRIGATION SYSTEM ON THE ABUTTING CITY RIGHT-OF-WAY, ALONG THE WESTERLY WALL OF THE WEST BAY PLAZA CONDOMINIUM. SUBJECT: Attached is an after..the-fact Revocable Permit for West Bay Plaza Inc., to retain seven coconut palm trees, and thirteen shrubs with landscaping and irrigation system on the City right-of-way adjacent to the applicant's west property line located at 1688 West Avenue (see attached exhibit A), on Lots 6, 7,8,9,12,13, North halfofl4 and portion oflot 10, Block 41, Belleview Subdivision, as recorded in Plat Book 6 Page 114, of the Public Records of Dade County, Florida. ADMINISTRATION RECOMMENDATION: The Administration recommends that the Mayor and City Commission authorize the execution of the attached after-the-fact Revocable Permit in favor of West Bay Plaza Inc. for the use of the City right- of-way on Bay Road to retain the landscaping with irrigation system, seven coconut palm trees and thirteen shrubs . BACKGROUND: In June 1993, the City of Miami Beach Mayor and City Commission adopted Resolution 93-2855, amending the City Code Chapter 33 and establishing procedures for granting, denial and revocation of Revocable permits for use of City owned property. In granting or denying the permit the Commission would consider the need of the applicant, whether 337 applicant owns abutting property, effects on neighboring properties, public welfare, economic impact on the City, compliance of the proposed improvements with existing ordinances, laws, rules AGENDA ITEM ~-3-Q DATE '1 ~ L.1-9~~ COMMISSION MEMORANDUM Page 2 September 27, 1995 and neighborhood plans, and effect on governmental/utility easement and uses. West Bay Plaza, a new condominium building just constructed at 1688 West Avenue, completed the landscaping to the project, including said portion on City right-of-way, according to their proposed building plans by March 1995. Upon final inspection of the project, the City's Public Works Department found out and notified the developers that the palm trees and part of the landscaping on West Avenue were on City right-of-way and had to be removed. The applicant, due to commitments to the financial lenders and condominium owners, requested to apply for a Revocable permit to retain these trees and the landscaping. The City's Public Works Department required that West Bay Plaza Inc. post a bond for $2,000 to cover the cost of removing the landscaping and trees on the City right-of-way in case the Revocable permit was declined. The bond was posted and the applicant's request was reviewed on the July 12, 1995 Commission meeting and a public hearing was set for the July 26, 1995 Commission meeting. The item was deferred due to the extensive Commission agendas. ANALYSIS: West Bay Plaza Inc., owner of West Bay Plaza Condominium, located at 1688 West Avenue is requesting to retain seven coconut palm trees and thirteen shrubs with landscaping and, irrigation system on the City right-of-way on Bay Road, adjacent to the west property line of said property. In addition to the $1,000.00 application fee, this Revocable permit shall generate an annual income to the City of $429.00 based on the City's Revocable Permit Ordinance No. 93-2855 and amended City Code Section 33-5 (b) for an annual permit fee of (30jt) per square foot. CONCLUSION: The aftet;.the-fact revocable permit for use of the public right-of-way on Bay Road to retain seven coconut palm trees and thirteen shrubs with landscaping and irrigation system as shown on the attached Exhibit A, should be granted. West Bay Plaza Inc. owner of West Bay Plaza condominium at 1688 West Avenue will assume all responsibility for the maintenance and liability within this area. Attachment 338 JGPNOA/DRfvgk C,IWPWIN6O\WPDllCSlCOMMEMO\REVOCIWBA V.2 -,'~ ........ ./ ./ ./. ,. - 1"""" :/" .' ,./ '/'./ '.r.~S'l'b.... ./.,/ /~../ ,.- ./, v/.'"./ ...-' /'......-- ...r.q;Er . /,./'./ ,..// ~ // .- ...../-/.... /../"'/ .r"./ /-::. J /../ :.~~ ...-.' ..~ ./ " ./;' "/;:--~~;-.- ~~:--/ ~ ;/ coy-,/~ C"/.// , / -:/" -: ,: :: ~J ./ ; 'Coconu! pa~ ~ an~ / _/ ~ /' ~ ./ /' ..,.. landscapmg With IrrIgation ,/ /~ .;:;./: :,..--: on public right-of-way /'//./ /;/' --:. -- WEST BAY PLAZA -~ 1688 West Avenue Q -< o =:. >- -< = liril ;:J Z liril > -< Eo- rJ:l liril ~ " LINCOLN ROAD 3J9 EXHIBIT" A" Not to scale RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AFTER-THE-FACT REVOCABLE PERMIT IN FAVOR OF WEST BAY PLAZA, INC., AS THE OWNER OF PROPERTY LOCATED AT 1688 WEST AVENUE, FOR A REVOCABLE PERMIT TO RETAIN SEVEN (7) COCONUT PALM TREES AND THIRTEEN (13) SHRUBS, WITH ADDITIONAL LANDSCAPING AND IRRIGATION SYSTEM, ON THE ABUTTING CITY PROPERTY ALONG THE WESTERLY WALL OF THE WEST BAY PLAZA PROJECT. WHEREAS, West Bay Plaza, Inc. is the owner of the West Bay Plaza building located at 1688 West Avenue; and WHEREAS, West Bay Plaza, Inc. has applied for an after the fact revocable permit to retain seven (7) coconut palm trees and thirteen (13) shrubs, with additional landscaping and irrigation system, on the abutting City property along the westerly wall of the West Bay Plaza project (Project), and WHEREAS, on September 27, 1995, the Mayor and City Commission held a public hearing to consider the aforestated request, and it is herein recommended that an after..fue-fact Revocable Permit (Exhibit A) be approved. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Clerk.. 310 are authorized to execute the attached after'the-fact Revocable Permit in favor of West Bay Plaza, Inc. as the owner of the West Bay Plaza project located at 1688 West Avenue, for a revocable permit AGENDA D Q G ITEM ~ - d- - DATE <1. '2.1..:55 to retain seven (7) coconut palm trees and thirteen (13) shrubs, with additional landscaping and irrigation system, on the abutting City property along the westerly wall of the West Bay Plaza project. PASSED and ADOPTED this day of ,1995. ATTEST: MAYOR CITY CLERK C:\WPWIN60\WPDOCSIRESOLUTNIWESTBA Y2.REV . ,-.:- "", -.., ""'"\~ .'-- ~ ''-', '.;" 1\. ~.- ,-,\V 1, '::.J LEGAL DEPT. Sy~~ .c;'~~ J- ...- D.-,te --ZI.:-v!. ~~ . 2 .. 341 REVOCABLE PERMIT THIS AGREEMENT, made on the day of , 1995, by and between the CITY OF MIAMI BEACH (City), and WEST BA Y PLAZA, INC., a Florida corporation, (permittee). WITNESSETH WHEREAS, the Permittee is the owner of property abutting the Demised Premises, located at 1688 West Avenue, and legally described as Lots 1 through 9,1/2 of 10-12, 13, and 1/2 of 14, Blo-ck 41, BELLEVIEW SUBDIVISION, as recorded in Plat Book 6, at Page 114, of the Public Records of Dade County, Florida; and WHEREAS, the Permittee wishes to make an improvement on the Demised Premises; and WHEREAS, the City in consideration of the restrictions and covenants herein contained, hereby permits the exclusive use of the City right-of-way, as described in (Exhibit "A"), for the period of twenty (20) years commencing on , 1995 (the Demised Premises). IT IS FURTHER MUTUALLY UNDERSTOOD AND AGREED BY THE RESPECTIVE PARTIES HERETO: That the recitations, statements, covenants, warranties and agreements hereinabove and in the attached articles are true and binding upon the respective parties hereto. 312 1 AGENDA ,--R 3 - Q \ ITEM - - - DATE 9- ?l-qs ARTICLE I USE OF DEMISED PREMISES BY PERMITTEE The Permittee shall use the Demised Premises to retain seven (7) coconut palm trees and thirteen (13) shrubs, with additional landscaping and irrigation system, along the westerly wall of the West Bay Plaza project, in the exact configuration as described in (Exhibit "A") (the Improvements). No other Improvements of any kind shall be made to the Demised Premises without the prior written consent of the Mayor and City Commission. ARTICLE n IMPROVEMENTS BY PERMITTEE The Permittee shall have sole responsibility for obtaining all regulatory approvals, permits or licenses required for the placement of the Improvements upon the Demised Premises. The Improvements made by Permittee shall be removed from the Demised Premises at the expiration or termination of this permit. Removal by the City of the Improvements made by the Permittee or portions thereof shall be at the sole expense of the Permittee and governed by Article X hereunder. ARTICLE III CONDITION OF DEMISED PREMISES AND MAINTENANCE The Permittee, at its own expense, shall cause the Improvements and the Demised Premises to be in a state of good condition from the commencement of this permit. The Permittee shall maintain and keep the entire Demised Premises in a safe, clean condition, free of refuse and debris. 2 343 All landscaped areas shall be maintained in a live, healthy, and growing condition, properly watered and trimmed. Determination of the condition of the premises shall be made by the City. ARTICLE IV INDEMNIFICATION Permittee agrees that it will indemnify, hold and save the City, their officers, agents, contractors and employees whole and harmless and at City's option defend same, from and against all claims, demands, actions, damages, loss, cost, liabilities, expenses and judgments of any nature recovered from or asserted against City on account of injury or damage to persons or property to he extent that any such damage or injury may be incident to, arising out of, or be caused, either proximately or remotely, wholly or in part, by and act, omission, negligence or misconduct on the part of Permittee or any of its agents, servants, employees, contractors, guests, licensees or invitees or of any other persons entering upon the Demised Premises used hereunder with the express or implied invitation or permission of Permittee, or when any such injury or damage is the result, proximate or remote, of the violation by Permittee or any of its agents, servants, employees, contractors, guests, licensees or invitees of any law, ordinance or governmental order of any kind, or when any such injury or damage may in any other way arise from or out of the use by Permittee, its agents, servants, employees, contractors, patrons, guests, licensees or invitees of the Demised Premises used hereunder, or arises out of any action challenging the granting or legality of this Revocable Permit. Permittee covenants and agrees that in case City shall be made party to any litigation against Permittee, or in any litigation commenced by any party against any party other than Permittee relating to this Agreement or the Premises used hereunder, then Permittee shall and will 3 344 pay all costs and expenses, including reasonable attorney's fees and court costs, incurred by or imposed upon City by virtue os any such litigation, including appeals. ARTICLE V NO LIABILITY FOR PERSONAL PROPERTY All personal property placed or moved on the Demised Premises shall be at the risk of the Permittee or the owner thereof. The City shall not be liable to the Permittee for any damage to said personal property. ARTICLE VI CITY'S RIGHT OF ENTRY The City or any of its agents, shall have the right to enter upon the Demised Premises at any time for the purpose of inspecting the Improvements and/or the Demised Premises., or to gain access to or repair any utilities located with any City easement. Such right of entry shall, likewise, exist for the purpose of removing structures, improvements, alterations or landscaping which do not conform to this permit. Any removal of improvements or damage to the allowed Improvements or landscaping made by the City and necessitated by the Permittee's use of said Demised Premises, shall be at the sole expense of the Permittee. Further, the City shall not be responsible for the restoration of the Demised Premises, its fixtures, fences, walls, or landscaping, in the event such are damaged or removed by the City in order to inspect, repair or gain access to its utilities located on the land which is the subject of this Revocable Permit. Additionally, any expenses incurred by the City, but not paid by the Permittee, in removing such improvements or landscaping shall become a lien upon the Permittee's abutting property, which may be foreclosed within one year of its filing. 4 :;45 ARTICLE VII REVOCATION OF PERMIT It is understood and agreed between the parties hereto, that the City may, in its sole discretion, upon ten (10) days written notice to the Permittee, cancel or terminate this permit, without cost or liability to the City. ARTICLE VIII NOTICES It is understood and agreed between the parties hereto that written notice addressed to the Permittee and mailed (certified mail, return receipt requested) or hand delivered to West Bay Plaza, Inc., 1335 Lincoln Road, Miami Beach, Florida 33139 (Attn: Isaac Sklar), shall constitute sufficient notice to the Permittee, and written notice addressed to the City Manager and mailed (certified mail, return receipt requested) or hand delivered to the City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, shall constitute sufficient notice to the City to comply with the terms of this Permit. Notice by U.S. Mail shall be deemed effective when mailed. ARTICLE IX ASSIGNMENT Without the written consent of the City first obtained in each case, the Permittee shall not sublet, assign, transfer, mortgage, pledge, or dispose of this permit for the term hereof. ARTICLE X SURRENDER OF PREMISES At the expiration of this Permit or Cancellation thereof, Permittee shall, without demand, quietly and peaceably deliver up possession of the demised premises free of any walls, fences or 5 346 other like fixtures or Improvements. The Permittee shall be responsible for the expenses to put the Demised Premises in said condition. If said premises are not in such condition, at the expiration, renewal, or cancellation of this Permit, Permittee hereby agrees that the City shall have the right to restore the Demised Premises to such condition. The Permittee agrees to reimburse the City for all such expenses within thirty (30) day s of mailing of a statement to the Permittee at the address indicated in Article 8. If not so paid, the expenses incurred by the City in so doing shall become a lien upon the Permittee's abutting property and/or leasehold may be foreclosed with one year form the filing of such a lien, 0 r the City, at its option, may seek such other remedies as may be allowable by law. PERMITTEE FURTHER STATES THAT HE HAS CAREFULLY READ THE FOREGOING REVOCABLE PERMIT AND KNOWS THE CONTENTS THEREOF AND FULLY REALIZES ITS MEANING AND SIGNS THIS REVOCABLE PERMIT OF HIS OWN FREE WILL. IN WITNESS WHEREOF, the parties have hereunto executed this Revocable Permit Agreement for the purposes herein expressed the days and years first above written. ATTEST: CITY OF MIAMI BEACH City Clerk Mayor 6 34'7 In the presence of: Witness Witness RJA\C:\WPWIN60\WPDOCS\REVOCPER\WESTBAY.PlZ PERMITTEE: West Bay Plaza, Inc. President Secretary 7 By Date FOHM !.PPROVb LEGAL DEPT. JC"9 I-I~-~{" -, 348 R'-3-Q.- ~ <1-?1-<15 CITY OF MIAMI BEACH NOTICE OF COIl'.rINUED PUBLIC BEARINGS NOTICE IS.BEREBY given that the following public hearings previously scheduled for the september 13, 1995, City Commission meeting will be held on Wednesday, September 27, 1995, in the Commission Chambers, City Hall, 3rd floor, 1700 Convention Center Drive, Miami Beach, Florida, at the times listed below: at 3:15 p.IIl.: To consider the request for a revocable permit submitted by La Gorce Island Association, Inc. as the owner of the guard house property located at 6595 Pine Tree Lane to install four (4) post mounted security cameras on the abutting City Right-of-Way adjacent to the guard house at the entrance to La Gorce Island. at 3:45 p.m.: To consider the request for a revocable permit submitted by A.V. Partners Ltd. and Gimel Properties Inc., D/B/A Agil Associates, a Florida general partnership and owner of LaTour condominium at 4201 Collins Avenue, for the use of the City's right-of-way on Forty-Second street, adjacent to the applicant's property, Lots 3, 4 , 7 , 8 and the 16' alley in between, Block 37, Ocean Front Property Subdivision of the Miami Beach Improvement Company, as recorded in Plat Book 5 Pages 7 and 8, of the Public Records of Dade County, Florida, for installing brick pavers in the parking lane on the North side of 42nd Street adjacent to their property as required by the Florida Department of Environmental Protection and to construct brick paver sidewalks and walkways with landscaping, irrigation system and lighting. at 4:00 p.m.: To consider the request for a revocable permit submitted by West Bay Plaza Inc., as the owner of property located at 1688 West Avenue incorporating Lots 6, 7, 8, 9, 12, 13, North half of 14 and portion of lot 10, Block 41, Belleview Subdivision, as recorded in Plat Book 6 Page 114, of the Public Records of Dade County, Florida, to retain seven coconut palm trees and thirteen shrubs with landscaping and irrigation system on the abutting City property along the westerly wall of the West Bay Plaza project on Bay Road. ALL INTERESTED PARTIES are invited and will be heard. Inquiries concerning this item should be directed to the Public Works Department at 673-7620. Jack Lubin, Interim City Clerk City of Miami Beach 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, TELEPHONE (305) 673-7411 FOR ASSISTANCE; IF HEARING IMPAIRED, TELEPHONE THE FLORIDA RELAY SERVICE NUMBERS, (800) 955-8771 (TDD) OR (800) 955-8770 (VOICE), FOR ASSISTANCE. "Pursuant_to Fla. Stat. 286.0105, the City hereby advises the public that: If a person decides to appeal any decision made by this board, agency or commission with respect to any matter considered at its meeting or hearing, he will need a record of the proceedings, and that for such purpose, affected persons may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law." AGENDA ITEM DATE - 349