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2011-27661 Reso RESOLUTION NO. 2011 -27661 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING THE RELOCATION OF TREMONT TOWING'S (PERMITTEE) OPERATIONS, INCLUDING THE PERMITTEE'S VEHICLE STORAGE AREA, FROM ITS CURRENT LOCATON AT 1916 BAY ROAD, TO ITS NEW LOCATION AT 1861 BAY ROAD, MIAMI BEACH, FLORIDA; SUBJECT TO AND CONTINGENT UPON TREMONT'S REPRESENTATION TO THE CITY, AS STATED ON THE RECORD AT THE MAY 11, 2011 CITY COMMISSION MEETING, THAT IT WILL VOLUNTARILY VACATE AND CEASE TO OPERATE AT THE 1916 BAY ROAD SITE ON OR BEFORE MAY 18, 2011. WHEREAS, Chapter 106, Article V, Sections 106 -211 through 106 -222 of the Miami Beach City Code, provide for the issuance by the City of towing permits for the towing of vehicles identified by the City as requiring removal from public property; and WHEREAS, Section 106 -212 provides that the City Manager shall promulgate such administrative rules and regulations for police and parking towing permits, as may be necessary to govern the discharge of services required under the aforestated Article V of the City Code, subject to the approval of the City Commission; and WHEREAS, on July 22, 2009, pursuant to Resolution No. 2009 - 27151, the Mayor and City Commission approved the most recent version of the City's Administrative Rules and Regulations for Police and Parking Towing Permits; and WHEREAS, accordingly, and as referenced in the letter attached as Exhibit "A" to this Resolution, Tremont Towing (Permittee) has requested that the City approve the relocation of Tremont Towing from its existing site at 1916 Bay Road, Miami Beach, Florida, to a new site at 1861 Bay Road, Miami Beach, Florida; and WHEREAS, pursuant to Section 5 of the aforestated Administrative Rules and Regulations, any storage area proposed to be used by Permittee which was not identified in its towing permit application, must obtain the prior written approval of the City Manager or his designee prior to commencement of such use; and WHEREAS, as provided in the Administrative Rules and Regulations, the City Manager approves the new site, including the new vehicle storage area therein. 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 approve the relocation of Tremont Towing's (Permittee) operations, including the Permittee's vehicle storage area, from its current location at 1916 Bay Road, to its new location at1861 Bay Road, Miami Beach, Florida; subject to and contingent upon Tremont's representation to the City, as stated on the record at the May 11, 2011 City Commission Meeting, that it will voluntarily vacate and cease to operate at the 1916 Bay Road site on or before May 18, 2011. PASSED AND ADOPTED this i/ day of ma , 2011 . a ./ /y z % - 4,;.. ' MAYO" ATTEST: % ((AV) Pak 6 ■ re *U 1. : • M I 43 7"44 - fie. p. ...c 4 4 , f l i i, L t 1 . .! � • 1 1 :SAG 41, .�, i ip owp mit ay112011TremontRelocation .res.doc.doc ORA D: .,,126Th A(k APPROVED AS TO FORM & LANGUAGE ►FOR EXECUTION Q J r 1 1 1 Neisen 0. Kasdin Akerrnan Senterlitt One Sou mma Third Avenue 25th Floor Miami, Florida 33131 Akerman Tel: 305.374.5600 Fax: 30e.374.5095 May 3, 2011 Via Electronic Mail Saul Frances, Parking Director City of Miami Beach 309 23' Street, Suite 200 Miami Beach, FL 33139 Re: Tremont Towing/Modification of Towing Permit Dear Saul: / am writing on behalf of my client, Tremont Towing with regard to an item we request to be placed on the agenda for the May 11, 2011 Commission meeting. Following up on recent conversations, | request that the City amend Tremont's towing permit with the City of Miami Beach to allow a change of location for towing operations and storage from the current location, 1916 Bay Road, Miami Baaoh, to a new location, 1861 Bay Road, Miami Beach, to reduce required on-site storage to 35 vehicles and to extend the term of the Permit. As you are aware, the City has purchased the site Tremont currently uses to store vehicles towed under the City permit. Tremont has been asked to immediately vacate its current premises due to the commencement of construction of a new garage. At the same time, Tremont operates a licensed towing business at 1861 Bay Road, Miami Beach. The new location is somewhat smaller and much of the vehicle storage is enclosed. This new location is consistent with the previously expressed wishes of the City Commission to a) reduce the amount of on-site storage; and b) to screen as much of the vehicle storage from public view. okennnn.'`n` Page Two Letter to Sau Frances May 3.2O11 Therefore, we request the City schedule this for a time certain at the May 11m Commission meeting and amend the permit agreement as requested above. Since . Nelsen C}.Kmadin NOK/dp cc: Jorge Gonzalez, City Manager Jose Smith, City Attorney Rau|Agui|a. Asst. City Attorney Mayor Matti Bower City Commission Edwin Gonzalez, Jr. Russell Galbut Andrew Mirmelli Keith Menin David Nevel, Esq. 1m2903913,2/