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96-22076 RESO Incomplete RESOLUTION NO. 9 t, - 2. Z 0 7 , A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, FINDING THAT THE CRITERIA FOR ISSUANCE OF A REVOCABLE PERMIT, AS SET FORTH UNDER ARTICLE II, SECTION 33- 4 OF THE MIAMI BEACH CITY CODE, AS AMENDED, HAVE BEEN MET, AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A REVOCABLE PERMIT IN FAVOR OF INTERSTOCK DEVELOPMENT CORPORATION TO RETAIN A HANDICAP ACCESS RAMP, STAIRS, LANDSCAPING WITH ELECTRICAL LIGHTING AND SPRINKLER SYSTEM, AND A CONCRETE SLAB FOR OUTDOOR SEATING ON THE NINTH STREET CITY RIGHT-OF-WAY, ABUTTING THE SOUTH PROPERTY LINE OF THE APPLICANT'S PROPERTY AT 901 ALTON ROAD; SAID REVOCABLE PERMIT GRANTED SPECIFICALLY FOR THE USE AND BENEFIT OF INTERSTOCK DEVELOPMENT CORPORATION'S TENANT, YOKO'S JAPANESE RESTAURANT, AS SPECIFICALLY PROVIDED FOR WITHIN THE PER)1!TL 5 e t:: It f I (:'/2 ftC (/'c) IV WHEREAS, lnterstock Development Corporation is the developer of a shopping center located at 901 Alton Road (property); and WHEREAS, on October 19, 1994, the Mayor and City Commission approved Resolution No. 94-21364, authorizing the Mayor and City Clerk to execute a Revocable Permit in favor of lnterstock Development Corporation for the construction of a handicap access ramp, stairs, landscaping with electric lights and sprinkler system, and a concrete slab for outdoor seating on the 9th Street City right-of-way abutting the south property line ofthe Property (Permit); and WHEREAS, one of the conditions of the Permit was that it be granted specifically for the use and benefit of lnterstock Development's tenant in that particular space, Andalusia Bake Shop; and WHEREAS, the Permit further stipulated that in the event that Andalusia Bake Shop was no longer the tenant benefitting from said Permit, it would automatically terminate and be of no further force and effect, and lnterstock Development Corporation would be required to submit a new Revocable Permit application to the City for approval; and WHEREAS, subsequently, Andalusia Bake Shop did not occupy the designated space for which the Permit was originally granted and issued, thereby making that Permit void and of no further force and effect; and WHEREAS, Interstock Development Corporation now seeks to retain the improvements granted under the former Permit for a new tenant, Y oko's Japanese Restaurant, that seeks to occupy the space originally leased to Andalusia Bake Shop, thereby necessitating a new application; and WHEREAS, on July 17, 1996, the Mayor and City Commission held a public hearing to consider the aforestated request and the Administration recommends granting the attached Revocable Permit, subject to the conditions set forth in therein. WHEREAS, pursuant to the Administration's recommendation, the Mayor and City Commission herein find that the criteria for issuance of a Revocable Permit, as set forth in Section 33-4 of Article II, entitled "Revocable Permits," of Miami Beach City Code Chapter 33, entitled "Real Property," as amended, have been met. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission herein find that the criteria for issuance of a Revocable Permit, as set forth under Article II, Section 33-4 ofthe Miami Beach City Code, as amended, have been met, and authorize the Mayor and City Clerk to execute the attached Revocable Permit in favor of Interstock Development Corporation to retain a handicap access ramp, stairs, landscaping with electrical lighting, sprinkler system, and a concrete slab for outdoor seating, on the City right-of-way on Ninth Street, abutting the South property line of the property located at 901 Alton Road, said Revocable Permit granted specifically for the use and benefit of Interstock Development Corporation's tenant, Y oko's Japanese Restaurant, as specifically provided for within the Permit. PASSED and ADOPTED this n 11'\ day Of~, 1996. ATTEST: MAYOR CITY CLERK F,IA TfO\$ALLIBEVllNTRS1K2.REV 2 fORM APPROVEu LEGAL D~ By M f11 Date ...1./JJj.~6 i!>> i llf; j\1J}J 1~1J1/~8,~ July17,1996 CityorMiamiBea~b R7-Resolutions(Continued) ,dIP1::.,.':) ~~~d ~ ,II r ,. ~~,;.J (}AU It'i: R7B Commission Memorandum No. 448-96 f ~ Jb" 7r~~ A Resolution Finding that the Criteria for Issuance of a Revocable Permit, as Set Forth Under ~ic1e II, Section 33-4 of the Miami Beach City Code, as Amended, Have Been Met, and Authorizing the Mayor and City Clerk to Execute a Revocable Permit in Favor ofInterstock Development Corporation to Retain a Handicap Access Ramp, Stairs, Landscaping with Electrical Lighting and Sprinkler System, and a Concrete Slab for Outdoor Seating on the 9th Street City Right-of-Way, Abutting the South Property Line of the Applicant's Property at 901 Alton Road; Said Revocable Permit Granted Specifically for the Use and Benefit of Interstock Development Corporation's Tenant, Y oko's Japanese Restaurant, as Specifically Provided for Within the Permit 3:00 p.m. Public Hearing ~.er Action Administration Recommendation: Approve the Resolution. (Engineering and Construction Management) (Scheduled on 6/5/96) ACTION: Public hearing held, Resolution No. 96-22076 adopted, as amended. Resolution and Revocable Permit amended to delete all references of outdoor seating; deleting sections 2; 3 and 4 making reference to outdoor seating, food, beer, wine or other forms of liquor and amplified music; use of the concrete slab for additional landscaping on the City's Right-of-Way on 9th Street approved; amend Exhibit A to reflect elimination of outdoor seating, Motion made by Commissioner Gottlieb; seconded by Commissioner Liebman; vote: 6-0; Commissioner Kasdin absent. After-the-fact permit fee to be reviewed administratively. R7C Commission Memorandum No. 403-96 A Resolution Approving a Loan to the Wolfsonian Foundation, Inc., in the Amount of $500,000 Seemed by a First Mortgage on the Mia.'!I! Beach Woman's Club Prop::rty Located at 2<!O! Pine Tree Drive, Miami Beach, Florida, Appropriating Funds for Said Loan from Bond Fund No, 351, Authorizing a Work Order for Said Appropriation from Bond Fund No. 351, and Authorizing the City Attomey's Office and Administration to Prepare any and all Necessary Docwnents for Execution by the Mayor and City Clerk to Memorialize and Facilitate the Loan. Administration Recommen-iation: Approve the Resolution. (City Manager's Office) (Deferred from 7/3/96) ACTION: Resolution No. 96-22077 adopted, as amended. Motion by Vice-Mayor Pearlson and seconded by Commissioner Kasdin; vote: 5-2; opposed: Commissioners Gottlieb and Shapiro. Term ofloan reduced to 6 months. Commissioner Liebman suggested that the loan language reflect that any additional property acquired by the Wolfsonian would be collateral to the loan. R. Nachlinger to handle the loan docwnents and to ensure mortgage is recorded. Submit site plan of facility for review. Investigate feasibility of implementing parking decal program for neighborhood. 24 CITY OF MIAMI'BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA33139 COMMISSION MEMORANDUMNO.~ TO: Mayor Seymour Getber and Memben of the City Commission DATE: July 17,1996 FROM: Jose Garcia-Pedrosa City Manager SUBJECT: A RESOLUTION UTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A OCABLE PERMIT IN FAVOR OF INTERSTOCK DEVELOPMENT CORPORATION TO RETAIN A HANDICAP ACCESS RAMP, STAIRS, LANDSCAPING WITH ELECTRICAL LIGHTING, SPRINKLER SYSTEM, AND A CONCRETE SLAB FOR OUTDOOR SEATING ON THE 9TH STREET CITY RIGHT-OF-WAY, ADJACENT TO THE PROPERTY LOCATED AT 901 ALTON ROAD. ADMINISTRATION RECOMMENDATION: To approve the Resolution. BACKGROUND: In June 1993, the City Commission adopted Ordinance No.93-2855, amending the City Code Chapter 33 and establishing procedures for the granting, denial and revocation of Revocable permits for use of City-owned property. Interstock Development Corporation, owner of the property located at 901 Alton Road, was issued a Revocable Permit in October 1994 for a handicap access ramp, stairs, landscaping with electric lights, sprinkler system and a concrete slab for outdoor seating (see attached exhibit nAn). This permit is subject to the following conditions: 1. The use of the outdoor seating must terminate daily at 9:00 P.M. 2. No liquor or beer shall be allowed to be sold, served or consumed outdoors. 3. No amplified music shall be allowed outdoors. 4. This Revocable Permit is only for the current tenant: Andalusia Bake Shop. Upon change of tenant, a new Revocable Permit application should be submitted to the Commission. Since Andalusia Bake Shop did not occupy the designated space, Interstock Development Corporation is requesting a new Revocable Permit for the new tenant, Y oko's Japanese Restaurant, for the use of the area as originally permitted. 438 DATE ~15 7-0-Q(, AGENDA ITEM ANALYSIS: Pursuant to the City's Revocable Permit Ordinance No. 93-2855 and amended City Code Chapter 33, the applicant has submitted all of the application requirements together with a list of property owners within a radius of 375 feet, who have been notified of this scheduled public hearing. In addition to the already paid $1,000 application fee, this Revocable Permit will generate an annual income to the City of$I,296. Additionally, the applicant is requesting a waiver of the $1,000 application fee. See attached letter dated May 24, 1996. CONCLUSION: The City Commission should grant this Revocable Permit to Interstock Development Corporation, incorporating the same conditions of the original permit as follows: I. The use of the outdoor seating must terminate daily at 9:00 P.M. 2. No liquor or beer shall be allowed to be sold, served or consumed outdoors. 3. No amplified music shall be allowed outdoors. 4. This Revocable Permit is only for the current tenant: Yoko's Japanese Restaurant. Upon change of tenant. a new Revocable Permit application should be submitted to the Commission. Additionally, the request to waive the $ 1,000 application fee should be denied. Attachments. JGP~~~dP\VGK 439 ,Co'" . , REVOCABLE PERMIT TIllS AGREEMENT, made on this _ day of , 1996 between the CITY OF MIAMI BEACH (City) and INTERSTOCK DEVELOPMENT CORPORATION, a New York Corporation (permittee). WIlNESSETH WHEREAS, the Permittee is the owner of property abutting the Demised Premises, located at 901 Alton Road, Miami Beach, Florida, and legally described as Lots 7 and 8, Block 123, LENOX MANOR, according to the Plat thereof, recorded in Plat Book 7, at Page 15, 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, for and in consideration of the restrictions and covenants herein contained, hereby permits the exclusive use of a City right-of-way, as described in Exhibit "A", attached hereto and incorporated herein, for the period of twenty (20) years commencing on , 1996 (Demised Premises). IT IS FURTHER MUTUALLY UNDERSTOOD AND AGREED BY THE RESPECTIVE PARTIES HERETO: That the recitations, statements, covenants, warranties and agreements hereinabove captioned and set forth hereinabove and in the attached Articles are true and binding upon the respective parties hereto. ARTICLE I USE OF DEMISED PREMISES BY PERMITIEE The Permittee shall use the Demised Premises for the construction of an access ramp, stairs, landscaping with lighting and sprinkler system, and a concrete slab for outdoor searing, in the exact configuration as described in Exhibit "A," attached hereto and incorporated herein (Improvements) The City's approval of the Improvements, and of this Revocable Permit, is conditioned upon the following: . ~ ~ , 1. The Permit, and the Improvements approved herein, is approved and only valid as to Permittee's tenant, Y oko's' Japanese Restaurant, as the intended beneficiary of the Improvements. In the event that Y oko's Japanese Restaurant is no longer Permittee's tenant, this Revocable Permit shall automatically terminate and be of no further force and effect, and Permittee shall be required to submit a new Revocable Permit application to the City for approval. 2. If outdoor seating is to be placed within the Improvements, the use of outdoor seating must terminate daily, no later than 9:00 p.m.. 3. No beer, wine, or other forms ofliquor and/or alcoholic beverages shall be allowed to be sold, served, or consumed in that portion of the outdoor area comprising the Improvements. 4. No amplified music shall be allowed outdoors, within the Improvements area. No other Improvements(s) of any kind shall be made to the Demised Premises without the prior written consent of the Mayor and City Commission. ARTICLE II 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. 2 ARTICLE III CONDITION OF 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 Improvements and the Demised Premises in a safe, clean condition, free of grease or refuse and debris. Determination of the condition of the Improvements and of the Demised 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 person or property to the extent that any such damage or injury may be incident to, arise out of, or be caused, either proximately or remotely, wholly or in part, by any 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 person 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 party against any party other than Permittee, it shall and will pay all costs and expenses, including reasonable attorney's fees and court costs, incurred by or imposed upon City by virtue of any such litigation, including appeals. 3 .- . . ARTICLE V NO LIABILITY FOR PERSONAL PROPERTY All personal property placed or moved on the Demised Premises shaH be at the risk of the Permittee or the owner thereof. The City shaH not be liable to the Permittee or owner 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 within 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 the above, or damage to the allowed Improvements or landscaping made by the City and necessitated by the Permittee's use of said Demised Premises, shaH 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. 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. 4 ARTICLE VIII NOTICES It is understood and agreed between the parties hereto that written notice addressed to the Permittee and mailed or hand delivered to: Interstock Development Corp., 47 East 88th Street, New York, New York, with copies to: Jonathan D. Beloff, Esquire, Ruden, McClosky, Smith, Schuster & Russell, PA, 701 Brickell Avenue, Suite 1900, Miami, Florida 33131, shall constitute sufficient notice to the Permittee, and written notice addressed to the City Manager and mailed or 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 possession of the Demised Premises free of any walls, fences or other like fixtures or Improvements. The Permittee shall be responsible for the expenses of putting the Demised Premises in said condition. If said Premises are not in such condition, at the expiration 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) days 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 and may be foreclosed within one year from the filing of such a lien, or the City, at its option, may seek such other remedies as may be allowable by law. 5 " PERMITIEE FURTHER STATES THAT HE HAS CAREFULLY READ THE FOREGOING REVOCABLE PERMIT AND KNOWS THE CONTENTS THEREOF AND FULLY REALIZES ITS MEANING AND SIGNS TillS REVOCABLE PERMIT OF illS OWN FREE WILL IN WITNESS WHEREOF, the parties have hereunto executed this Revocable Permit for the purposes herein expressed the day and year first above written. CITY OF MIAMI BEACH Mayor Seymour Gelber ATTEST: City Clerk PERMITTEE Witness President Interstock Development Corp. RJAlbfg ..-'....f~r II 1\ f''''''''''''n' 'r- ., r'.' ~,': I"" .KU"ru v \ " L I" ,_ C:\WPWIN6O\WPOOCS\REVOCPER\INTR.STK2,PER 7111/96 6 LEGAL D~ By AJI ~ Date {(lIt?'- ..... ..... . . . ~ ..... ..-........ ". ,. '.. o .. 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