94-21381 RESO Incomplete
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\~51_. ~~ RESOLUTION NO. 7U-Z/?8/
~~ ~SOLUTlON OF THE MAYOR AND CITY COMMISSION OF THE
r~ ~ITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND
If M~ CITY CLERK TO EXECUTE A REVOCABLE PERMIT IN FAVOR OF
~~,J; POLLO OPERATIONS, INC., LESSEE, AND NORTON PALLOT, ET AL.,
b,.vy- , OWNERS, TO RETAIN DECORATIVE COLUMNS AND TO INSTALL
. . J ~ TREES, LANDSCAPING, A SPRINKLER SYSTEM AND A TILED
o-vr'~ WALKWAY AND HANDICAP RAMP WITH HANDRAILS IN THE
FIFTEENTH STREET CITY RIGHT-OF-WAY ADJACENT TO THEIR
PROPERTY LOCATED AT 1454 ALTON ROAD.
WHEREAS, Polio Operations, Inc., is the lessee of property located at 1454 Alton Road,
which is owned by Norton S. Pallot, Gloria M. Pallot, S. Ronald Pallot, Gloria C. Pallot, Howard
M. Katzen, and Barbara P. Katzen; and
WHEREAS, Polio Operations, Inc., and the ovmers of the property have requested a
Revocable Permit for use of the City right-of-way on Fifteenth Street adjacent to 14554 Alton Road
in order to retain decorative columns which are encroaching into the City right-of-way and in order
to install trees, landscaping, a sprinkler system and a tiled handicap ramp with handrails and a tiled
walkway in that Fifteen Street right-of-way adjacent to their property located at 1454 Alton Road;
and
WHEREAS, the Administration recommends granting the Revocable Permit attached and
incorporated as Exhibit "A".
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 Revocable Permit in favor of Polio Operations, Inc., lessee,
and Norton Pallot, et aL, owners, to retain decorative columns and to install trees, landscaping, a
sprinkler system and a tiled walkway and handicap ramp with handrails in the Fifteen Street City
right-of-way adjacent to their property located at 1454 Alton Road.
PASSED and ADOPTED this _ day of November, 1994.
MAYOR
A TrEST:
CITY CLERK
RJ Alks
Attachment
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By
Date
FORM APPROVED
Legal DepL
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AGENDA {::??,. II
ITEH~
DATE~
C, TY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
CITY OF
MIAMI BEACH
COMMISSION MEMORANDUM NO.
TO:
Mayor Seymour Gelber and
Members of the City Commission
ROgerM.carlto~
City Manager
DATE: November 2, 1994
FROM:
SUBJECT:
REVOCABLE PERMIT ALLOWING NORTON S. PALLOT ET AL, OWNERS
OF, AND POLLO OPERATIONS INC., LESSEE OF PROPERTY
LOCATED AT 1454 ALTON ROAD, FOR THE USE OF CITY RIGHT OF
WAY ON FIFTEENTH STREET ADJACENT TO SAID PROPERTY, FOR
DECORATIVE COLUMNS ENCROACHING LESS THAN A FOOT, A TILED
WALKWAY AND A HANDICAP RAMP WITH RAILING, AND TREES WITH
LANDSCAPING AND SPRINKLER SYSTEM.
Attached is a Revocable Permit for Norton S. pallot et al, and
pollo Operations Inc., for the use of the City's right of way on
Fifteenth street, adjacent to the applicant's property located at
1454 Alton Road (see attached exhibit A), Lots 5 and 6, Block 78,
Commercial Subdivision, as recorded in Plat Book 6 Page 5, of the
PUblic Records of Dade County, Florida.
ADMINISTRATION RECOMMENDATION:
The Administration recommends that the City Commission authorize
the execution of the Revocable Permit in favor of Norton S. pallot
et al, and Pollo operations Inc., for the use of the City's right
of way on Fifteenth Street, adjacent to the applicant's property
located at 1454 Alton Road (see attached exhibit A), for decorative
columns encroaching less than a foot and for a tiled walkway and
handicap ramp with railing, and trees with landscaping and
sprinkler system.
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 applicant owns abutting property,
effects on neighboring properties, public welfare, and economic
impact on the City, compliance of the proposed improvements with
existing ordinances, laws, rules and neighborhood plans, and effect
AGENDA ITEM ~
DATE~
COMMISSION MEMORANDUM
Page 2
on governmental/utility easement and uses.
Norton S. Pallot, Gloria M. Pallot, S. Ronald Pallot, Gloria C.
Pallot, Howard M. Katzen and Barbara P. Katzen, own the property
located at 1454 Alton Road, which is leased to Pollo Operations
Inc., to construct and operate the Pollo Tropical Restaurant on
said property. During the construction, some of the decorative
columns to the north of the property were built encroaching over
the City's Fifteenth Street right-of-way a distance less than a
foot, into an area that the applicants want to landscape, install
trees with sprinkler system, and construct a tiled walkway and
handicap ramp with railing.
ANALYSIS:
Norton S. Pallot et al, owners, and pollo Operations Inc., lessee,
of property located at 1454 Alton Road, Miami Beach, are requesting
the use of City owned right of way adjacent to said property on
Fifteenth Street, for decorative columns encroaching less than a
foot and for a tiled walkway and handicap ramp with railing, and
for trees and landscaping with sprinkler system, and shall provide
the proper insurance. The applicant shall also be responsible for
the maintenance of the entire area, and payment of an annual fee in
the amount of $ 308, based on 1025 square feet of City right-of-way
used
CONCLUSION:
The revocable permit for the use of approximately 150 feet by 7
feet where seven decorative columns are encroaching less than a
foot, and which is used for trees. and landscaping with sprinkler
system, and a tiled walkway and handicap ramp with railing on the
city right-of-way on Fifteenth Street abutting the North property
line of Lots 5 and 6, Block 78, Commercial SUbdivision, as recorded
in Plat Book 6 Page 5, of the Publ ic Records of Dade County,
Florida, (as shown in attached Exhibit A) should be granted. Norton
S. pallot et al, owners, and Pollo operations Inc., lessee, of
property located at 1454 Alton Road, Miami Beach, will assume all
responsibility for the maintenance and liability within this area.
Attachment
RMC/DR/vgk
C:/WP51/COMMEMO/REVPT5
REVOCABLE PERMIT
(COMMERCIAL PROPERTY)
THIS AGREEMENT, made on this day of
, 1994 between the CITY
OF MIAMI BEACH (the City) and POLLO OPERATIONS, INC., a Florida Corporation, Lessee,
and NORTON S. PALLOT, GLORIA M. PALLOT, S. RONALD PALLOT, GLORIA C. PALLOT,
HOWARD M. KATZEN AND BARBARA P. KATZEN, Owners (collectively, the Permittee).
WITNESSETH
WHEREAS, the Permittee is the owner of property abutting the Demised Premises,
located at 1454 Alton Road, Miami Beach, Florida, and legally described as lots 5 and 6,
Block 78, of ALTON BEACH REALTY COMPANY COMMERCIAL, according to the Plat
thereof, Recorded in Plat Book 6, at Page 5, 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
, 1994 (the Demised Premises).
1
LlATE
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AGENDA
ITEH
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 PERMITTEE
The Permittee shall use the Demised Premises for the retention of decorative columns,
which are encroaching into the City right-of-way, and in order to install trees, landscaping, a
sprinkler system, and a tiled handicap ramp with handrails and a tiled walkway in the Fifteen
Street right-of-way adjacent to their property, in the exact configuration as described in Exhibit
"A", attached hereto and incorporated herein (the Improvements). No other Improvement(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 Indemnitor 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 Indemnitor, or when any
such injury or damage is the result, proximate or remote, of the violation by Indemnitor 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 Indemnitor, its agents, servants, employees,
3
contractors, patrons, guests, licensees or invitees of the Premises used hereunder, or arises out
of any action challenging the granting or legality of this Revocable Permit. Indemnitor
covenants and agrees that in case City shall be made party to any litigation against Indemnitor,
or in any litigation commenced by any party against any party other than Indemnitor relating
to this Agreement or to the Premises used hereunder, then Indemnitor 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.
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 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, shall be at the sole expense of the Permittee.
Further, the City shall not be responsible for the restoration of the Demised Premises, its
4
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 days' written notice to the Permittee, cancel or terminate this permit.
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: POllO TROPICAL, 7300 W. Kendall
Drive, 8th Floor, Miami, Florida, with copies to: HOWARD M. KATZEN; Pallot, Katzen,
Pal lot; 1155 South Alhambra Circle; Coral Gables, Fl 33146-3711, 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.
5
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 conditiop. 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.
PERMITTEE FURTHER STATES THAT HE HAS CAREFULLY READ
THE FOREGOING REVOCABLE PERMIT AND KNOWS THE
CONTENTS THEREOF AND FULLY REALIZES ITS MEANING
6
AND SIGNS THIS REVOCABLE PERMIT OF HIS 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
palla TROPICAL
1545 Alton Road
Miami Beach, Fl
By:
Howard M. Katzen, Partner
Witness
Witness
lESSEE
palla OPERATIONS, INC., a Florida corporation
By:
Print name:
Title:
Witness
Witness
7
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C I T Y 0 ~ H I.A H I B E A C H
NOTICE OF A PUBLIC HEARING
NOTICE IS HEREBY given that the City Commission of the City of Miami Beach will
hold a public hearing on Wednesday, November 2, 1994, at 3:00 p.m., in the
Commission Chambers, 3rd Floor, City Hall, 1700 Convention Center Drive, Miami
Beach, Florida, to consider a request by PolIo Operations, Inc., Lessee, and
Norton Pallot, et aI, Owners, for a revocable permit to retain decorative columns
and to install trees, landscaping, a sprinkler system and a tiled walkway and
handicap ramp with handrail in the 15th Street City right-of-way adjacent to
their property located at 1454 Alton Road.
See map on opposite side of page.
Inquiries concerning this item should be directed to the Public Yorks Department
at 673-7620.
All interested parties are invited to attend and will be heard.
Richard E. Brown, City Clerk
City of Miami Beach
"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."
DATE
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AGENDA
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