2015-29196 Reso •
RESOLUTION NO. 2015-29196
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING
THE CITY MANAGER AND THE CITY CLERK TO EXECUTE A
SETTLEMENT AND RELEASE AGREEMENT, IN SUCH FORM AND
MANNER AS SHALL BE ACCEPTABLE TO THE CITY MANAGER
AND CITY ATTORNEY'S OFFICE, BETWEEN THE CITY AND 71
INVESTMENTS, LLC, REGARDING THOSE REQUIREMENTS SET
FORTH AND ESTABLISHED WITHIN ORDINANCE NO. 2014-3916,
AND THE PROPERTY LOCATED AT 912 71ST STREET, MIAMI
BEACH, FLORIDA.
WHEREAS, the City Manager had revoked A & S Entertainment, LLC d/b/a The Office
Gentlemen's Club's (the "Business") Business Tax Receipt and Certificate of Use No. RL-
10006655 pursuant to Sections 102-383 and 14-406(b) of the City of Miami Beach Code; and
WHEREAS, the Business was operated at 912 71st Street, and was ordered to
immediately cease its business operations based upon the revocation order; and
WHEREAS, the Chief Special Master held a final hearing regarding the revocation of the
Business Tax Receipt and Certificate of Use, and issued an Order that affirmed the
determination of the City Manager; and
WHEREAS, the Chief Special Master further permitted the Business to implement
certain remedial measures, which would have alleviated the inappropriate activities at the
Business and allowed the Certificate of Use and Business Tax Receipt to be reinstated; and
WHEREAS, during the pendency of the revocation proceedings before the Chief Special
Master, the Mayor and City Commission determined it was necessary to amend Chapter 142 of
the Miami Beach Code on December 18, 2014; and
WHEREAS, Ordinance No. 2014-3916 amended Section 142-303, and established
additional conditional uses for the North Beach Neighborhood located north of 65th Street. The
Business is, and would be, subject to the conditional use criteria set forth in Ordinance 2014-
3916; and
WHEREAS, the City was notified by 71 Investments, LLC (the "Property Owner"), that it
had not abandoned, or intended to abandon those uses specifically delineated in Section 142-
303(c), and was neither apprised of the activities that had transpired at the Business nor was
ever notified of the Special Master Order regarding the Business' failure to comply with the
remedial directive set forth in the Chief Special Master Order that was issued on December 15,
2014; and
WHEREAS, the Property Owner has alleged that their "property rights" have been
"violated" based upon the enactment of Ordinance No. 2014-3916, and that the City is legally
prohibited from imposing those requirements set forth within Ordinance No. 2014-3916 against
the property location at 912 71st Street; and
WHEREAS, the City and the Property Owner have acknowledged and recognized that
the provisions of Article IV of the Land Development Regulations will determine those
circumstances in which there is discontinued use (nonconforming use) at the Premises; and
WHEREAS, the Parties desire to settle claims, disputes, past, present, or future
regarding this matter and the applicability of Ordinance No. 2014-3916, regardless of
responsibility; and
WHEREAS, the Parties believe it would be in their best interests and the best interests
of the City to agree to the provisions of this Agreement.
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 hereby approve and authorize the City Manager and the City Clerk to execute a
Settlement and Release Agreement, in such form and manner as shall be acceptable to the City
Manager and City Attorney's Office, between the City and 71 Investments, LLC, regarding those
requirements set forth and established within Ordinance No. 2014-3916, and the property
located at 912 71st Street, Miami Beach, Florida.
PASSED and ADOPTED this 02/ day of Oder , 2015.
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OFFICE OF THE CITY ATTORNEY
RAUL AGUILA,CITY ATTORNEY COMMISSION MEMORANDUM
TO: MAYOR PHILIP LEVINE
MEMBERS OF THE CITY COMMISSION
JIMMY L. MORALES, CITY MANAGER
FROM: RAUL J. AGUILA, CITY ATTORNE .JL
DATE: OCTOBER 21, 2015
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING
THE CITY MANAGER AND THE CITY CLERK TO EXECUTE A
SETTLEMENT AND RELEASE AGREEMENT, IN SUCH FORM AND
MANNER AS SHALL BE ACCEPTABLE TO THE CITY MANAGER
AND CITY ATTORNEY'S OFFICE, BETWEEN THE CITY AND 71
INVESTMENTS, LLC, REGARDING THOSE REQUIREMENTS SET
FORTH AND ESTABLISHED WITHIN ORDINANCE NO. 2014-3916,
AND THE PROPERTY LOCATED AT 912 71ST STREET, MIAMI
BEACH, FLORIDA.
The City Attorney's Office is seeking authorization for the City Manager and the City Clerk to
execute a Settlement and Release Agreement that will be acceptable to the City Manager and
the City Attorney's Office as it pertains to those alleged property rights asserted by 71
Investments, LLC, and the enactment of Ordinance No. 2014-3916 and its applicability upon the
property located at 912 71st Street. The City Attorney's Office has determined that the
resolution of this matter is appropriate, and will further prevent costly litigation surrounding those
claims made by 71 Investments, LLC. Equally important, the Settlement. and Release
Agreement achieves those essential protections that will preclude a serious danger to the
health, safety and welfare of the public and the surrounding neighborhood.
The City Attorney's Office has reached an agreement with the Property Owner, and is in the
process of negotiating the final terms and conditions of the Settlement and Release Agreement,
which is consistent with, and is an acceptable resolution of this matter.
RJA/AB/sc
Agenda Item coR
Date 10- 2!-I5