95-21737 Reso
RESOLUTION NO.
95-21737
A RESOLUTION OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE AN AFTER-THE-FACT
REVOCABLE PERMIT IN FAVOR OF WEST BAY
PLAZA, INC., AS THE OWNER OF PROPERTY
LOCATED AT 1688 WEST AVENUE, FOR A
REVOCABLE PERMIT TO RETAIN SEVEN (7)
COCONUT PALM TREES AND THIRTEEN (13)
SHRUBS, WITH ADDITIONAL LANDSCAPING AND
IRRIGATION SYSTEM, ON THE ABUTTING CITY
PROPERTY ALONG THE WESTERLY WALL OF
TlIE WEST BAY PLAZA PROJECT.
WHEREAS, West Bay Plaza, Inc, is the owner of the West Bay Plaza building located at
1688 West Avenue; and
WHEREAS, West Bay Plaza, Inc, has applied for an after the fact revocable permit to retain
seven (7) coconut palm trees and thirteen (13) shrubs, with additional landscaping and irrigation
system, on the abutting City property along the westerly wall of the West Bay Plaza project
(Project), and
WHEREAS, on September 27, 1995, the Mayor and City Commission held a public hearing
to consider the aforestated request, and it is herein recommended that an after-the-fact Revocable
Permit (Exhibit A) be ar;Jroved.
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 after.the-fact Revocable Permit in favor of West Bay Plaza,
Inc, as the owner of the West Bay Plaza project located at 1688 West Avenue, for a revocable permit
to retain seven (7) coconut palm trees and thirteen (13) shrubs, with additional landscaping and
irrigation system, on the abutting City property along the westerly wall of the West Bay Plaza
proj ect.
PASSED and ADOPTED this 27th day of Sept. ,1995.
ATTEST: (signed) Seymour Gelber
MAYOR
(signed) Jack .Lubin
CITY CLERK
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LEGAL DEPT.
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TO:
FROM:
SUBJECT:
CITY OF MIAMI BEACH
Vincent Akhimie
Public Works Director
DATE: lO/6/95
Wb-
Jack Lubin
Interim C C erk
Revocable Permit
Enclosed you will find three revocable permits in favor of West Bay
Plaza, Inc., as the owner of property located at l688 West Avenue,
to retain seven (7) coconut palm trees and thirteen (l3) shrubs with
additional landscaping and irrigation system on the abutting City
property, for signatures of the president, secretary and two
witnesses.
After obtaining the applicable signatures, please return the
documents to the City Clerk's Office to the attention of Mercy
Williams. Subsequently a fully executed copy will be forwarded to
you for your files in addition to a copy of the resolution
authorizing said easement (Resolution No. 95-21737, (9/27/95,
R-3-Q) .
Thank you.
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA33139
COMMISSION MEMORANDUM NO. ~ 14 -<1 5 R~
TO:
Mayor Seymour Gelber and
Memben of the City Commission
DATE: September 27, 1995
FROM:
Jose Garcia_pe~rosa,,4
City Manager
AN AFTER-T CT REVOCABLE PERMIT IN FAVOR OF WEST BAY
PLAZA INC., OWNER OF PROPERTY LOCATED AT 1688 WEST
AVENUE, TO RETAIN SEVEN (7) COCONUT PALM TREES, THIRTEEN
SHRUBS AND ADDITIONAL LANDSCAPING WITH IRRIGATION
SYSTEM ON THE ABUTTING CITY RIGHT-OF-WAY, ALONG THE
WESTERLY WALL OF THE WEST BAY PLAZA CONDOMINIUM.
SUBJECT:
Attached is an after..the-fact Revocable Permit for West Bay Plaza Inc., to retain seven coconut
palm trees, and thirteen shrubs with landscaping and irrigation system on the City right-of-way
adjacent to the applicant's west property line located at 1688 West Avenue (see attached exhibit A),
on Lots 6, 7,8,9,12,13, North halfofl4 and portion oflot 10, Block 41, Belleview Subdivision,
as recorded in Plat Book 6 Page 114, of the Public Records of Dade County, Florida.
ADMINISTRATION RECOMMENDATION:
The Administration recommends that the Mayor and City Commission authorize the execution of
the attached after-the-fact Revocable Permit in favor of West Bay Plaza Inc. for the use of the City
right- of-way on Bay Road to retain the landscaping with irrigation system, seven coconut palm
trees and thirteen shrubs .
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 337
applicant owns abutting property, effects on neighboring properties, public welfare, economic
impact on the City, compliance of the proposed improvements with existing ordinances, laws, rules
AGENDA ITEM ~-3-Q
DATE '1 ~ L.1-9~~
COMMISSION MEMORANDUM
Page 2
September 27, 1995
and neighborhood plans, and effect on governmental/utility easement and uses.
West Bay Plaza, a new condominium building just constructed at 1688 West Avenue, completed
the landscaping to the project, including said portion on City right-of-way, according to their
proposed building plans by March 1995. Upon final inspection of the project, the City's Public
Works Department found out and notified the developers that the palm trees and part of the
landscaping on West Avenue were on City right-of-way and had to be removed. The applicant, due
to commitments to the financial lenders and condominium owners, requested to apply for a
Revocable permit to retain these trees and the landscaping. The City's Public Works Department
required that West Bay Plaza Inc. post a bond for $2,000 to cover the cost of removing the
landscaping and trees on the City right-of-way in case the Revocable permit was declined.
The bond was posted and the applicant's request was reviewed on the July 12, 1995 Commission
meeting and a public hearing was set for the July 26, 1995 Commission meeting. The item was
deferred due to the extensive Commission agendas.
ANALYSIS:
West Bay Plaza Inc., owner of West Bay Plaza Condominium, located at 1688 West Avenue is
requesting to retain seven coconut palm trees and thirteen shrubs with landscaping and, irrigation
system on the City right-of-way on Bay Road, adjacent to the west property line of said property.
In addition to the $1,000.00 application fee, this Revocable permit shall generate an annual income
to the City of $429.00 based on the City's Revocable Permit Ordinance No. 93-2855 and
amended City Code Section 33-5 (b) for an annual permit fee of (30jt) per square foot.
CONCLUSION:
The aftet;.the-fact revocable permit for use of the public right-of-way on Bay Road to retain seven
coconut palm trees and thirteen shrubs with landscaping and irrigation system as shown on the
attached Exhibit A, should be granted. West Bay Plaza Inc. owner of West Bay Plaza condominium
at 1688 West Avenue will assume all responsibility for the maintenance and liability within this
area.
Attachment
338
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EXHIBIT" A"
Not to scale
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE AN AFTER-THE-FACT
REVOCABLE PERMIT IN FAVOR OF WEST BAY
PLAZA, INC., AS THE OWNER OF PROPERTY
LOCATED AT 1688 WEST AVENUE, FOR A
REVOCABLE PERMIT TO RETAIN SEVEN (7)
COCONUT PALM TREES AND THIRTEEN (13)
SHRUBS, WITH ADDITIONAL LANDSCAPING AND
IRRIGATION SYSTEM, ON THE ABUTTING CITY
PROPERTY ALONG THE WESTERLY WALL OF
THE WEST BAY PLAZA PROJECT.
WHEREAS, West Bay Plaza, Inc. is the owner of the West Bay Plaza building located at
1688 West Avenue; and
WHEREAS, West Bay Plaza, Inc. has applied for an after the fact revocable permit to retain
seven (7) coconut palm trees and thirteen (13) shrubs, with additional landscaping and irrigation
system, on the abutting City property along the westerly wall of the West Bay Plaza project
(Project), and
WHEREAS, on September 27, 1995, the Mayor and City Commission held a public hearing
to consider the aforestated request, and it is herein recommended that an after..fue-fact Revocable
Permit (Exhibit A) be approved.
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..
310
are authorized to execute the attached after'the-fact Revocable Permit in favor of West Bay Plaza,
Inc. as the owner of the West Bay Plaza project located at 1688 West Avenue, for a revocable permit
AGENDA D Q G
ITEM ~ - d-
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DATE <1. '2.1..:55
to retain seven (7) coconut palm trees and thirteen (13) shrubs, with additional landscaping and
irrigation system, on the abutting City property along the westerly wall of the West Bay Plaza
project.
PASSED and ADOPTED this
day of
,1995.
ATTEST:
MAYOR
CITY CLERK
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REVOCABLE PERMIT
THIS AGREEMENT, made on the
day of
, 1995, by and
between the CITY OF MIAMI BEACH (City), and WEST BA Y PLAZA, INC., a Florida
corporation, (permittee).
WITNESSETH
WHEREAS, the Permittee is the owner of property abutting the Demised Premises, located
at 1688 West Avenue, and legally described as Lots 1 through 9,1/2 of 10-12, 13, and 1/2 of 14,
Blo-ck 41, BELLEVIEW SUBDIVISION, as recorded in Plat Book 6, at Page 114, 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 in consideration of the restrictions and covenants herein contained,
hereby permits the exclusive use of the City right-of-way, as described in (Exhibit "A"), for the
period of twenty (20) years commencing on
, 1995 (the Demised
Premises).
IT IS FURTHER MUTUALLY UNDERSTOOD AND AGREED BY THE
RESPECTIVE PARTIES HERETO:
That the recitations, statements, covenants, warranties and agreements hereinabove and in
the attached articles are true and binding upon the respective parties hereto.
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AGENDA ,--R 3 - Q \
ITEM - -
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DATE
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ARTICLE I
USE OF DEMISED PREMISES BY PERMITTEE
The Permittee shall use the Demised Premises to retain seven (7) coconut palm trees and
thirteen (13) shrubs, with additional landscaping and irrigation system, along the westerly wall of
the West Bay Plaza project, in the exact configuration as described in (Exhibit "A") (the
Improvements). No other Improvements of any kind shall be made to the Demised Premises without
the prior written consent of the Mayor and City Commission.
ARTICLE n
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.
ARTICLE III
CONDITION OF DEMISED 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 entire Demised Premises in a safe, clean condition, free of refuse and debris.
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343
All landscaped areas shall be maintained in a live, healthy, and growing condition, properly watered
and trimmed. Determination of the condition of the 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 persons or property to he
extent that any such damage or injury may be incident to, arising out of, or be caused, either
proximately or remotely, wholly or in part, by and 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 persons 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 any party against any party other than
Permittee relating to this Agreement or the Premises used hereunder, then Permittee shall and will
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344
pay all costs and expenses, including reasonable attorney's fees and court costs, incurred by or
imposed upon City by virtue os 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 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 with 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 improvements 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 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.
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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, without
cost or liability to the City.
ARTICLE VIII
NOTICES
It is understood and agreed between the parties hereto that written notice addressed to the
Permittee and mailed (certified mail, return receipt requested) or hand delivered to West Bay Plaza,
Inc., 1335 Lincoln Road, Miami Beach, Florida 33139 (Attn: Isaac Sklar), shall constitute sufficient
notice to the Permittee, and written notice addressed to the City Manager and mailed (certified mail,
return receipt requested) or hand 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 up possession of the demised premises free of any walls, fences or
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346
other like fixtures or Improvements. The Permittee shall be responsible for the expenses to put the
Demised Premises in said condition. If said premises are not in such condition, at the expiration,
renewal, 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) day s 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 may be foreclosed with one year form
the filing of such a lien, 0 r 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 AND SIGNS THIS REVOCABLE PERMIT OF HIS
OWN FREE WILL.
IN WITNESS WHEREOF, the parties have hereunto executed this Revocable Permit
Agreement for the purposes herein expressed the days and years first above written.
ATTEST:
CITY OF MIAMI BEACH
City Clerk
Mayor
6
34'7
In the presence of:
Witness
Witness
RJA\C:\WPWIN60\WPDOCS\REVOCPER\WESTBAY.PlZ
PERMITTEE:
West Bay Plaza, Inc.
President
Secretary
7
By
Date
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LEGAL DEPT.
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R'-3-Q.- ~
<1-?1-<15
CITY OF MIAMI BEACH
NOTICE OF COIl'.rINUED PUBLIC BEARINGS
NOTICE IS.BEREBY given that the following public hearings previously scheduled
for the september 13, 1995, City Commission meeting will be held on Wednesday,
September 27, 1995, in the Commission Chambers, City Hall, 3rd floor, 1700
Convention Center Drive, Miami Beach, Florida, at the times listed below:
at 3:15 p.IIl.:
To consider the request for a revocable permit submitted by La Gorce Island
Association, Inc. as the owner of the guard house property located at 6595 Pine
Tree Lane to install four (4) post mounted security cameras on the abutting City
Right-of-Way adjacent to the guard house at the entrance to La Gorce Island.
at 3:45 p.m.:
To consider the request for a revocable permit submitted by A.V. Partners Ltd.
and Gimel Properties Inc., D/B/A Agil Associates, a Florida general partnership
and owner of LaTour condominium at 4201 Collins Avenue, for the use of the City's
right-of-way on Forty-Second street, adjacent to the applicant's property, Lots
3, 4 , 7 , 8 and the 16' alley in between, Block 37, Ocean Front Property
Subdivision of the Miami Beach Improvement Company, as recorded in Plat Book 5
Pages 7 and 8, of the Public Records of Dade County, Florida, for installing
brick pavers in the parking lane on the North side of 42nd Street adjacent to
their property as required by the Florida Department of Environmental Protection
and to construct brick paver sidewalks and walkways with landscaping, irrigation
system and lighting.
at 4:00 p.m.:
To consider the request for a revocable permit submitted by West Bay Plaza Inc.,
as the owner of property located at 1688 West Avenue incorporating Lots 6, 7,
8, 9, 12, 13, North half of 14 and portion of lot 10, Block 41, Belleview
Subdivision, as recorded in Plat Book 6 Page 114, of the Public Records of Dade
County, Florida, to retain seven coconut palm trees and thirteen shrubs with
landscaping and irrigation system on the abutting City property along the
westerly wall of the West Bay Plaza project on Bay Road.
ALL INTERESTED PARTIES are invited and will be heard. Inquiries concerning this
item should be directed to the Public Works Department at 673-7620.
Jack Lubin, Interim City Clerk
City of Miami Beach
IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT OF 1990, PERSONS NEEDING
SPECIAL ACCOMMODATION TO PARTICIPATE IN THIS PROCEEDING SHOULD CONTACT THE CITY
CLERK'S OFFICE NO LATER THAN FOUR DAYS PRIOR TO THE PROCEEDING, TELEPHONE (305)
673-7411 FOR ASSISTANCE; IF HEARING IMPAIRED, TELEPHONE THE FLORIDA RELAY SERVICE
NUMBERS, (800) 955-8771 (TDD) OR (800) 955-8770 (VOICE), FOR ASSISTANCE.
"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."
AGENDA
ITEM
DATE
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