R7C-Renew Existing Revocable Permit For Vera Mender And The Drake Condor.f..-.
I.i-'^-.
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OFFICE OF THE CIry ATTORNEY
RAULJ. AGUILA, CIry ATTORNEY
TO:
FROM:
DATE:
SUBJECT:
COMMISSION MEMORANDUM
Mayor Philip Levine
Members of the City Gommission
City Manager Jimmy Morales
city Attorney Raut .1. Aguirf,-^Lp/, \'-"
March 11,2015
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, FOLLOWING A DULY NOTICED
PUBLIC HEARING, AS REQUIRED PURSUANT TO SECTION 82.93 OF
THE CITY CODE, APPROVING THE RENEWAL OF AN EXISTING
REVOCABLE PERMIT FOR VERA MENDER AND THE DRAKE
CONDOMINIUM ASSOCIATION, INC., TO CONTINUE TO RETAIN AN
EXISTING HANDICAP ACCESS RAMP IN THE CITY RIGHT-OF.WAY
ABUTTING THE DRAKE CONDOMINIUM, LOCATED AT 1460 OCEAN
DRIVE, MIAMI BEACH, FLORIDA, AND AUTHORIZING THE MAYOR
AND CITY CLERK TO EXECUTE AN AGREEMENT EXTENDING THE
REVOCABLE PERMIT, SUCH AGREEMENT EXTENDING THE TERM
FOR AN ADDTTTONAL TWENTY (20) YEARS.
On June 15, 1994, the City Commission approved Resolution No. 94-21188 (the
"Resolution"), granting a Revocable Permit (the "Permit") to Vera Mender and South
Ocean Beach Properties, lnc. to allow for construction of a handicap access ramp (the
"lmprovements") on a portion of the City right of way abutting the Drake Condominium,
located at 1460 Ocean Drive, Miami Beach, Florida, for handicap access to the
condominium.
The lmprovements were constructed in 1994, following approval and execution of
the Permit, on a five (5) by thirty (30) foot section of the City right-of-way and the
improvements have been continuously maintained and utilized since 1994, however, the
initial twenty (20) year term of the revocable permit has expired. Ms. Mender and The
Drake Condominium Association, lnc., as the successor in interest to South Beach
Ocean Properties, lnc. wish to continue to maintain the existing Improvements on the
abutting City property and, accordingly, have requested that the Permit be renewed for
an additional twenty (20) year term.
Agenda ltem RJ C
o"," g-ll-tf446
Pursuant to Section 82-93(a) of the City Code, the City Commission passed and
adopted Resolution No. 2015-28917 at its February 11,2015 Commission meeting
authorizing the setting of a public hearing on March 11, 2015 to consider the request for
the renewal of the Permit and, additionally, in accordance with Section 82-93(b) of the
City Code, mailed notice of the public hearing has been provided to owners of land lying
within 375 feet of the existing permit area.
The attached Resolution approves the renewal of the revocable permit so that
the existing handicap access ramp may be retained for an additional twenty (20) year
term and authorizes the Mayor and City Clerk to executed an agreement extending the
revocable permit for such additional term.
F:\ATTO\TURN\COMMMEMO\re Drake Condo Revocable Permit.docx
447
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, FOLLOWING A DULY
NOTICED PUBLIC HEARING, AS REQUIRED PURSUANT TO
SECTION 82.93 OF THE CITY CODE, APPROVING THE
RENEWAL OF AN EXISTING REVOCABLE PERMIT FOR VERA
MENDER AND THE DRAKE CONDOMINIUM ASSOGIATION,
INC., TO CONTINUE TO RETAIN AN EXISTING HANDICAP
ACCESS RAMP IN THE CITY RIGHT.OF-WAY ABUTTING THE
DRAKE CONDOMINIUM, LOCATED AT 1460 OCEAN DRIVE,
MIAMI BEACH, FLORIDA, AND AUTHORIZING THE MAYOR
AND CITY CLERK TO EXECUTE AN AGREEMENT
EXTENDING THE REVOCABLE PERMIT, SUCH AGREEMENT
EXTENDTNG THE TERM FOR AN ADDTTIONAL TWENW (20)
YEARS.
WHEREAS, on June 15, 1994, the City Commission passed and adopted Resolution
No. 94-21188 (the "Resolution"), granting a Revocable Permit (the "Permit") to Vera Mender and
South Ocean Beach Properties, lnc. to allow for construction of a handicap access ramp (the
"lmprovements") on a portion of the City righlof-way abutting the Drake Condominium, located
at 1460 Ocean Drive, Miami Beach, Florida, for handicap access to the condominium (the
"Resolution and Permit" are attached as Composite Exhibit "A" hereto); and
WHEREAS, the lmprovements were constructed in 1994, following approval and
execution of the Permit, on a five (5) by thirty (30) foot section of the City right-of-way; and
WHEREAS, the lmprovements have been continuously maintained and utilized since
1994; and
WHEREAS, the Permit provides for an initial term of twenty (20) years, as allowed
pursuant to Section 82-95(c) of the City Code; with such term having commenced on July 1,
1994, and ending on June 30,2034; and
WHEREAS, Ms. Mender and The Drake Condominium Association, lnc., as the
successor in interest to South Beach Ocean Properties, lnc. (collectively, Mender and the
Condominium Association are also referred to herein as the "Permittee"), wish to continue to
maintain the existing lmprovements on the abutting City property and, accordingly, have
requested that the existing Permit be renewed for an additional twenty (20) year term; and
WHEREAS, other than the request for extension of the initial term (which has expired),
all other terms and conditions of the original Permit would remain unchanged including, without
limitation, Permittee's continued obligation to maintain the lmprovements; and
448
WHEREAS, pursuant to Section 82-93(a) of the City Code, the City Commission passed
and adopted Resolution No. 2015-28917 at its February 11,2015 Commission meeting
authorizing the setting of a public hearing on March 11,2015 to consider the request for the
renewal of the Permit and, additionally, in accordance with Section 82-93(b) of the City Code,
mailed notice of the public hearing has been provided to owners of land lying within 375 feet of
the existing permit area; and
WHEREAS, the Mayor and City Commission find that the criteria set forth in Section 82-
94 of the City Code continue to exist and support the renewal of the Permit.
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, following a duly noticed public hearing, as required pursuant to Section 82-93 of
the City Code, hereby approve the renewal of an existing Revocable Permit for Vera Mender
and the Drake Condominium Association, lnc., to continue to retain an existing handicap access
ramp in the City right-of-way abutting the Drake Condominium, located at 1460 Ocean Drive,
Miami Beach, Florida, and authorize the Mayor and City Clerk to execute an agreement
extending the Revocable Permit, such agreement extending the term for an additional twenty
(20) years.
PASSED and ADOPTED this _ day of 2015.
ATTEST:
Philip Levine, Mayor
Rafael E. Granado, City Clerk APPROVED AS TO
F:IATTO\AGUR\RESOS-ORD\Drake Condominium Revocable Permit (2-12-15).docx
-
Dste
449
RESOLUTIONNO. e4-21188
A RESOLUTION OI THE I,TAYOR AND CITY COMMISSION OF
THE CITY OF lvtlAMl BEACH, FLORIDA, AUTHORTZTNC THE
MAYOR AND CITY CTERK TO EXECUTE A REVOCABLE
PERMIT IN FAVOR OF VERA MENDER AND SOUTH OCEAN
BEACH PROPERTIES, lNC., FOR THE CONSTRUCTTON OF A
HANDICAP ACCESS RAMP ON THE PUBTIC RTCHT OF WAY
ABUTTINC THE NORTH IINE OF THE DRAKE
CONDOMINIUM, LOCATED AT 1460 OCEAN DRIVE.
WHEREAS, Vera Mender and South Ocean Beach Properties, lnc. have requested a
Revocable Permit for the construction of a handicap access ramp on the public right of way
abutting the North line of the Drake condominium, located at I460 ocean Drive; and
WHEREAS, the Administration recommends granting the Revocable Permit, attached
hereto and incorporated herein as "Exhibit "A", and the City Attorney has approved it as to
form.
Now, THEREFORE, BE lr DULY RESOLVED BY THE MAYOR AND ctry
coMMlssloN oF THE ctrY oF MtAMt BEACH, FLoRtDA, that the Mayor and Ciry Clerk
are authorized to execute the attached Revocable Permit in favor of Vera Mender and South
Ocean Beach Properties, lnc., for the construction of a handicap access ramp on the public
Right of Way abutting the north line of the Drake Condominiums, located at 1460 Ocean
Drive.
PASSED and ADOPTEp this r5th d3y sf
ATTEST:MAYOR
CITY CLERK
RJA./cnm
Rl,{dsk2\a\mender.rs 4q
FORIT
Compasite Exhibit,,A,,
450
CITY OF MIAMI BEACH
CITYHALL ITMCONVENIIONCENTER ORIVE MIAMIBEACH FLORIOA33139
TO:
FBOM:
Cfy MarrE667
coNcLIrSroNt
The-revocable perrrit^ for the use of a fivesection of the la-ndscaped -oi"i ir-ortn ofshould !-e approvea. -vei-a ieil;; ;il sourhrnc. wltt assume at.t -ieEJ"n"iuiiitv forI iabll lty of the tranalciJ-icce-s"-'r'"'.p.
Att,achments
Rl.tC//DR//vgk
f^"St !V rhlrry feer longt,he Drake condouiniuni
Ocean Beach propertlesthe maint,enanciAcEt{oA /- 2anP
OFfICE OF TXE CITY UATACER
TELEPHOHE: (3ot) a7J-roto
coMMTSSTON MEMORANDUM NO. 4!1g'./
tAr: r30!)r7r'7?t2
Mayor Seymor Golb€r rrd
Members ot the Clty Commlsslon
Boge. M. Cad
su&JE6r:ffi 3"3{:,'d-:I_,i_5_q}iIl.._iiii.ill"3;""J,ff *l"iilffi i:rEurlrlto rEl DR.IXE Corooxrxrun, ireo-oiiii onrrn, IO! 2rEst O' ocE:'t DRr\r, a*axaroxr. B-;cl -#r.rrrrrRs srRt'SUBDrvIsIOx ot tl.tox BErcE.
Attached 1s a Revocable permlt lor vera Hender and sout,h oceanBeach propertles rnc. , o=
-
"o:"ppii"ini; ;;;-;;"#:tocated in tne -oiiie--c.-"i"Ti'"1-"r, - 148; ;:;;;' Blr.,Lrrlr"illAduinistration ls_re.guestlnj tnJ'irre -attached REvocabre pe:mit beexecuted to alron th-e consiru;ii"; or a nina:."ip--"1"""a ra.p oncltv owned rlqht .of way on -t-r," -Iouiri
"ia""'Ii-iiril".rh srreet,abuttins the aipli-ini"i p-itp"iiv.'
IDHr}lr ETRltrou Rtco:{}ttNDlTION !
The Ad:oinlstrat,l0n recornnends that, ,t,he. clty cornnission authorizethe execurion of rire-revociit" pl.ira in ri'voi-Ji-ilr" !{ender andsouth ocEan Beach. rroperttes i;;-., for the consiructron of ahandlcap raEp as snowJ-in iir.Lii'l.
BICxCROUXDt
rn 1988' as part of.the ocean Dri.ve street luproveuent prorect, thearea of pifteenth 5t1ee-t retween bcea-n Drlve -a;;'a;iiin"
Avenue ,asreconstructed vlth 5 feet wtal ranos"ap"d ii""- "iiitrng privatei[?ffiii::""tJr:" .south srae oi-rs1-rr strelt. ir," o.ixl condoniniura,
"rir,.."-rii."ili-,lllffi:ffi..[i:,"l:::if, : IiiiSilJl;*:fi :"lffi;the use of a thirty i*t -'ii,ii's-ecrion nilrrtn rhls f rve f eer::#ililiir."r"", ro construcr'a- nanaltap- iI""I...r"rp ro rhe
ilNLY8I8:
vera Hender and south - ocean Beach pr-opertles rnc. sharr beresponslbre for obtalnlng -iir --irr" relevant perults for theconstructlon of the--raup, -and shali provide tr," i"oJ", lnsurance.rhe appr i cants sh.1l r_
- :_i ;.. ;;- ;;"i;;i;i; -;";.i#". "#j i n rena nce o rS:::.":fi!8"3*ilt n11:: "*'"1''"oinuor ree in t.rrl aiount or s45,
DATE: June 15,1994
ITEM
oor. 6- l5 -q q
i.r3
451
REVOCABTE PERMIT
(RESIDENTIAI- PROPERTn
THIS ACREEMENT, made onthis!)-duv ot 1^J4 ,1994 berween the CtTy
OF MIAMI BEACH, (the City) and VER{ MENDER and SOUTH OCEAN PROPERTIES, tNC.,
(col I ectively the Permittee).
WITNESSETH
WHEREAS, the Permittee is the owner of property abutting the Demised Premises to
the north; i.e., "The Drake condominium", located at l460 ocean Drive, and legally
described as Lots 1 and 2 West of Ocean Drive Extension, and Lots 3 and 4 less portion
beginning Northwest corner lot 3, East 116 feet, Southerly 100 feet, Westerly ,132 feet lvVL,
Northerly to Point of Beginning, Block77, Fishers First Subdivision of Alton Beach, recorded
in Plat Book 2 at page 77 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
Julv lst-, 1994 (the Demised Premises).
IT IS FURTHER MUTUALLY UNDERSTOOD AND ACREED 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 construction of a handicap access
ramp in the exact configuration as described in Exhibit "A", attached hereto and incorporated
452
herein. No other improvement of any kind shall be made to the Demised Premises without
the prior written consent of the Mayor and City Commission.
ARTICLE II
IMPROVFMENTS BY PERMITTEF
The Permittee shall have sole responsibility for obtaining all regulatory approvals,
permits or licenses required for the placement of such improvements upon the Demised
Premises. All improvements made by Permittee shall be removed from the premises at the
expiration or termination of this permit. Removal by the City of any improvements rnade 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 PREMISES AND MAINTENANCE
The Permittee, at its own expense, shall cause 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 Brease or refuse and
debris. Determination of the condition of said 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, aclions, 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 lndemnitor 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 lndemnitor,
or when any such injury or damage is the result, proximate or remote, of the violation by
lndemnitor or any of its agents, servants, employees, contractors, guests, licensees or invitees
453
of any law, ordinance or governmental order of any kind, or when any such injury or damage
rnay in any other way arise from or out of the use by lndemnitor, its agents, seryants,
employees, contractors, patrons, guests, licensees or invitees of the Premises used hereunder,
or arises out of any aoion challenging the granting or legality of this Revocable Permit.
lndemnitor covenants and agrees that in case City shall be made party to any litigation against
lndemnitor, or in any litigation commenced by any party against any party other than
lndemnitor relating to this Agreement or to the Premises used hereunder, then lndemnitor
shalland 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 LIABILIry FOR PERSONAL PROPFRry
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
ctrys RtfrHT oF FNTRY
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 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 improvement 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 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 subiea 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.
454
ARTICLE VII
REVOCATION OF PERMIT
It is understood and agreed beMeen 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 belween the parties hereto that written notice addressed
tothePermitteeandmailedorhanddeliveredto Vera Mender, 1460 0cean Drive, Miami Beach,
ilorida,33139; with copies to:owen FreedEsquire, 150 Flaqler Sti^eet, Sujte 2200,Midmi, Florida 33130 , shall constitute sufficient notice to the
Permittee, and written notice addressed to the Ciry Manager and mailed or delivered to the
Ciry of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, shall
constitute sufficient notlce to the City to comply with the terms of this Permit. Notice by U.S.
Mail shall be deemed effective when mailed.
ARTICLE IX
ASSICNMENT
Without the written consent of the Cily first obtained in each case, the Permittee shall
not sublet, assign, transfer, mortgate, 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. lf 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
aBrees 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. lf not so paid, the expenses
incurred by the City in so doing shall become a lien upon the Permittee's abutting property
455
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 FORECOINC REVOCABLE PERMIT AND KNOWS THE
CONTENTS THEREOF AND FULLY REALIZES ITS MEANING
AND SICNS THIS REVOCABLE PERMIT OF HIS OWN FREE
WILL.
lN WITNESS WHEREOF, the parties have hereunto executed this Revocable Permit for
the purposes herein expressed the day and year first above written.
ATTEST:
Corporate Seal
RJA"/cnm
RI\dsk l\nhender.rev
City Clerk
PERMITTEE
Witness
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456
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457
lat{E I THURSDAY. FEBRUARY 19. 2OS uE IFILIICFS€oI1 I Lr,S$-!!!r,t-9
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,i" Ll.^..'. .1 n f A /.L".,
CMY OT M|AMI BEACH
NONCE OF PUBLIC HEABING
NOTICE lS |{ERE3Y given that a public hearins will be
held by fte Mayor a*d City Comrnissior of the City ot
Miami Beach, Florlda, ln the Commission Ctrambers,
3rd floor, City H6ll, 1700 Convention Canter Driv<,
Miemi Beach. Florids. on Wednrsday, Mamh lI,20t5 st
1$;10 a.rn., or as soolr thereafter as the mater can be
heard. to considar:
A Resolution, Following A Duly Notic€d Public Hearing.fu Fequired Pursuant To Section 82.93 Of The Ciry
Code, ApprovingThe Eenewal OfAn Existing Revocable
Permit for Vara Mender And The Drake Condominium
Association, lnc.. To Continue To Retain An Existing
HandicapAccess Ramp I rThe City Rigtrt-Of-lilrsyAbutti69
The Drake Condorainium. LocatedAt 1460 Ocean Drive.
Miami Beach, Florida. And Arrthori:ing The Mayor And
City Clerk To Ex€cute An Agreement Extending The
Revocable Perrnlt, Such ,,Agreement gxtending TheTerm
For An Additional Twenty {rs}Years.
lnquiries mdy be dilecled to the Office of lhe City
Attofiey a, 345"t73.7470 or the htblic Works Depanment
at 305.873^7080.
INTERESTEO PARTIES are invited to appear Et this
m6etingi or be represented by an agem, or to exprass
their views in writiilg addressed tothe City Commission.
c/o th€ City Clerk, 1700 ConventiDn Center Drive,
1't Floor, City Hall, Mismi Bea*r. Florida 33139.This item
is available for public inspeeion du ring norrnal business
hours in the City Glerk'E Office, 1700 Convention Cent€r
Drive, 1s Floor. City Hall, Miqmi Beach, Florida 33139-
Thls meetlng, or any item herein. rnay be csrtinued. and
under suth circrrryrst*nce+ additional lega[ notice need
not be provided.
Pursuant to S€ction 28ti.0105. Fla. Stat, the City hereby
advises the public thal it a pe.son decides E appeal any
decision made by the City Commission with respect
to sny matter considered et its meeting or its hearing.
suci persan rnust ensure that s verbatifi record o{
the proceedings is made, which record includes the
testimony and evidence upon which the appeal is to
bo based. This notice does not constitutc consent by
the City for tho introduction or ddmission of oth€rwise
inadmlssibl6 6r irrelevanl €vidence. *or does it au*torize
drallengas or appeals not otherwis€ allowed by law.
Io reguestthis rnaterial in alternatefo.mat eign language
inlerpreter (five.day notce requiredl. information
on access for persons with dissbilities, and/or any
accommoddtion to revjew any document or pafticipate
in any City-sponsored groceeding$, c{ll 305,S04.2489
and selea I lor English or 2 for Spanish. then option 6;
TTY us*re may call via 711 (Florida Helay Servicel.
f,afael E. Granado, City eferk
City of Mismi Seadr
Ad gs1
458
l,llA!,ll HERA1O I Miamilterau.com NE THURSDAY,FEERUARY26,106 I 15NE
r.-..*.+
::---g:11!1j-
li,'ilA,tuil**Ae $-'f
CITYOF MIAMIBEACH
NOTICE OF PUBLIC HEARINGS
NOTICE lS HEHEBY given thal the following public hearings will be held by the Mayor and City
Commission ol the City ot Miami Beach, FlorirCa, in the Commisslon ChambeF, Third Floo[ CiB
Hall, 1700 Convention Center Drive, Miami Beach, Florida, on Wednesday, March 11, 2015, at lhe
times lisied, or as soon thereafter as the matter can be heand;
10:00 a.m.
A Resolutlon Pursuant To Clty Code Secdon I 18-563, To Grant A Certillcaie Of Approprlalen€ss
For The Total Demolition Of The Existing Bandshell And Recreation Center Buildings, And The
Construction Ot A Portlon OF The Proposed Miimi Seach Ccnvention Centgr Building And
landscape Han Within The Boundaries Of The 21st Street Community Center Historic Site.
Inqulrles may be dhected to the Plalning Departn€nt at 305.673.7550,
10:05 a.m.
A Flesolution Accepting The Hecqmmenddion Ol Th€ Finance And Cityralde Proiects Commlttee
At lts Februaly 2, 2015 Meetlng, Tc Approve The Veation Of The Right Ol Way Known As Ub€rty
Avenue (PaJm Avenue) Belv*een 22nd Street {Ocean Avenue) And 23rd Street (Atlanlic Avenue),
Which ls A 50 Foot In Widih Bight-Of-Way, Contalnhg Approximaiely 12,500 Square FBet ln
Toial ArBa, As Shown On The Plat Of Amend€d Map Of The Ocean Front Prcp€iry Of The Miami
Beach lmprovernent Company, B€corded ln Plat Eook 5 At Page 7, Ol The Public Becords Ot
Miami-Dade Ccunty, ln Favor Of The eif/ Of Miarni Beach, OheApplican!; Waiving By srlih Vote,
Tire Competi.iive Bidding And Appraisal Flequirements Pursuant To Section 82-39(a) And (b) Of
The City Ccde, Finding Thal The Pubiic lnterest WouE Be Served By Waiving Such Conditions.
lhquirr:* may be diiected to lhe Cepltal lmprovefients Oflice at 305.673.7071.
10:10 a-m.
A Herollttion Following A Duty Notic€d Public Hearing, As Required Pu6uant To Section 82-93 Ot
The Ciiy Code, Approving The Benewat OfAn E$sting Revocable Permit For Vera &lender And The
Draks Condorninium Associaljon, lnc., Tc Continue To Retain An Existing Handicap Access Bamp
ln The CitT Hight-Of-lr'lay Abutting The Drake Ccndominium, Located At 1460 Ocean Drive, Miami
Beach, Florida, And Authorizir€ The Mayor And City Clerk Tc Execute An Agreement Extending
The Hevccabls Permit, $uch Agreement Extendlng The Term For An A*litional Trventy (20) Year,
lnquiries may be directed to the Oftice of lle Cily,\frarney at 3C5.673.717A andlor the Puhlic Wa*s
bpart n sil d 3A5. 673.7080.
1O:15 a.m.
A Resoltitios Adopting The Third Arr€ndn€nt To The Caphal Budget For Fiscal Year 2014115.
lnqulries may be directed to tl:€ Office ot Budget and Pef,orman@ lmprovement at 345.673.7510"
10:2O a.m.
An Ordinance Arnending Chapter-18 Of The Ctty Code, Entided 'Businesses,'By Amending Ariicle
X/l Trued 'Nude Dance Estab,ishments," By Creating Section 18-914 Thereof To Be Entiiled
"Compensaibn Standards Forl lo*ers And Performers," V/hlch Frovides Requkemen+.s Regarding
The Method Oi Compensation For Those Workers And Performers ln Nude Dance Estadishments;
And tun€nding Section 18.915 Enli:led "ErfoEament; Penalties," By Settiag Forth Penalties For
A Violation Of Section 18-914; Prsviding Fo. Hepealei Severabiliiy: Codificaion; And An Effective
Daia, lnquldes may he directad ta the Oflicg ol the City Attafiay at 3O5,673,7470.
Dr, Stanl€y Sutni€k Citizenh Fonrrn - Purs:ant to Resolution Nc. 2013-284.t0, the times for the
Dr. Stanley Sdnick Cltizen's Forum are 8*) a-rn and 1:00 p.m., oras soon as pcsible theEafter.
Approximately thirty mintrtes will be allocated to. each session, lyith individuais beirq limited to
no more than thru€ minutes or for a p€riod esl"ablished by the Mayor No appoir,lment or advance
notification is ne€ded in ord€rto speak to the Commission during this Forurn.
INTEHESTED PAFITIES are invited to appear at this meeting, or be representd by an agen'a
or to expEs their vlews in writing addressed to the City Commission, c/o thE City Clerh 1700
e,anvention Center Drive, 1s Floor, City Hall, Miami Beach, Florida 33-133. Cofies of lhese items
are available lol publlc inspectlon during normal business hours in the Office of the City Clerk,
1700 Convenlicri Center Drive, 1'Flcor, City Hall. Miami Beach, FloriCa 33!39. This rneeting. or
any iiem hereln, may be continued, and under such circunEtances, additional legal notice need
nol be prgvided.
Pursuant to Section 286.01 05, Fla. Stat . theCit/ tEreby advises the public that if a person decides
to apFeal any decision made by the Ciry Commiss:on with r€sp€ctto any mattercorclder€d at
its meetng or its hearing, such person must ensure that a verbadm record of the proceedingrs is
rnadq which rscord includss the testimooy and evidence upon which Ifie appeal is to be based.
This notice does not constitJte consenl by tfe Ciiy Jorlhe introduction or admission of otherwlse
inadmissible or indevilt evidence, nor does it authorize challerges or appeals noi olheftvise
allowed by law,
To request this matBtial in dternate formal sign langu4o interpreter {five.day notice required),
inlormaton on acceEs for persons with disabilities, and/or any acccmmodailon to revlew any
document or par;cipale in any City-sponsored proceedings, call 305.664.248S and selecl I for
English or 2 ror Spanish, then cption 6i TTY users may call via 711 (Florida flelay Service).
Hafaei E. Granado, City Clerk
City of Miami Beach
459