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99-23383 RESO RESOLUTION NO. 99-23383 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, CONSENTING TO THE ASSIGNMENT OF A REVOCABLE PERMIT BY AND BETWEEN THE CITY OF MIAMI BEACH AND 404 INVESTMENTS, LTD., A FLORIDA LIMITED PARTNERSHIP TO DOMINION PARTNERS, L.P., A DELA WARE LIMITED PARTNERSHIP; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, May 17, 1995, the Mayor and City Commission of the City of Miami Beach (the "City") adopted Resolution No. 95-21583 authorizing the Mayor and City Clerk to execute a revocable permit (the "Revocable Permit"), in favor of 404 Investments, Ltd., the owner of property located at 404 Washington Avenue, permitting the installation of trees, grates and landscaping, with an irrigation system and electric lights, on the abutting City-owned property on Fifth Street, Euclid Avenue and Washington Avenue; and WHEREAS, the property at 404 Washington Avenue is being sold to Dominion Partners, LooP., a Delaware limited partnership; and WHEREAS, it is now necessary, desirable and in the best interests ofthe citizens of the City to allow the Revocable Permit to be assigned to Dominion Partners, L.P. NOW, THEREFORE, BE IT RESOL VED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that the City hereby consents to the assignment of the Revocable Permit from 404 Investments, Ltd., the seller of the property located at 404 Washington Avenue, to Dominion Partners, L.P., the purchaser of said property. This Resolution shall take effect immediately upon its adoption. PASSED and ADOPTED this 17 thclay of November , 1999. J111 MAYOR ATTEST: J~r ~wivv CITY CLERK APPROVED AS TO FORM & lANGUAGE & FOR exECUTION F:\A ITO\LEVL\RESO&ORD\4Cl4INVST. WPD 4{t ~ p.i;.9q ~ omey CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 http:\\ci,miami-beach.f1.us COMMISSION MEMORANDUM NO. 8"2.1 - q4 TO: Mayor Neisen Kasdin and Members of the City Commission DATE: November 17, 1999 SUBJECT: A RESOLUTI F THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, CONSENTING TO THE ASSIGNMENT OF A REVOCABLE PERMIT BY AND BETWEEN THE CITY OF MIAMI BEACH AND 404 INVESTMENTS, LTD., A FLORIDA LIMITED PARTNERSHIP TO DOMINION PARTNERS, L.P., A DELAWARE LIMITED PARTNERSHIP; AND PROVIDING AN EFFECTIVE DATE. FROM: Murray H. Dubbin City Attorney A.M Sergio Rodriguez City Manager ADMINISTRATION RECOMMENDATION: Adopt the Resolution. ANALYSIS: Article III, Division 2 of the Code of the City of Miami Beach requires that a private party may be granted the use of real property owned or maintained by the City or in which the City holds an interest provided that such private party obtains a Revocable Permit from the City, and such Division outlines the requirements for the granting or denial of such Revocable Permits. Such permits are revocable upon ten days written notice to the permittee. On May 17, 1995, the City issued a Revocable Permit to the owner of 404 Washington Avenue so that the owner could place trees and landscaping on City-owned property on the Fifth Street, Euclid and Washington Avenue sides of the building. The property is now being sold to Dominion Partners, L.P., a Delaware limited partnership, which is owned (through corporate entities comprising the partnership): (a) fifty percent by entities owned, 49.9 % each of Jules and Edmund Trump, and 0.2% by a trust for their children, and the (fifty percent by the Kroonenberg Group) (which in turn is owned by a trust for the heirs of Jacob Kroonenberg). Article IX of the Revocable Permit provides that without the written consent of the City first being obtained in each case, the permittee shall not sublet, assign, transfer, mortgage, pledge or dispose of the permit for the term thereof. The term is twenty years from May 17, 1995. Since the property at 404 Washington Avenue is being sold to Dominion Partners, L.P., it is appropriate that the Revocable Permit be assigned to it. ~:\Arrn\LF.VL\COMMMEMO\4n4INVSl Agenda Item C- '7 A Date / 1- 11- &} Co}