96-22076 RESO Incomplete
RESOLUTION NO. 9 t, - 2. Z 0 7 ,
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, FINDING
THAT THE CRITERIA FOR ISSUANCE OF A REVOCABLE
PERMIT, AS SET FORTH UNDER ARTICLE II, SECTION 33-
4 OF THE MIAMI BEACH CITY CODE, AS AMENDED,
HAVE BEEN MET, AND AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE A REVOCABLE PERMIT IN
FAVOR OF INTERSTOCK DEVELOPMENT
CORPORATION TO RETAIN A HANDICAP ACCESS RAMP,
STAIRS, LANDSCAPING WITH ELECTRICAL LIGHTING
AND SPRINKLER SYSTEM, AND A CONCRETE SLAB FOR
OUTDOOR SEATING ON THE NINTH STREET CITY
RIGHT-OF-WAY, ABUTTING THE SOUTH PROPERTY
LINE OF THE APPLICANT'S PROPERTY AT 901 ALTON
ROAD; SAID REVOCABLE PERMIT GRANTED
SPECIFICALLY FOR THE USE AND BENEFIT OF
INTERSTOCK DEVELOPMENT CORPORATION'S
TENANT, YOKO'S JAPANESE RESTAURANT, AS
SPECIFICALLY PROVIDED FOR WITHIN THE PER)1!TL
5 e t:: It f I (:'/2 ftC (/'c) IV
WHEREAS, lnterstock Development Corporation is the developer of a shopping center
located at 901 Alton Road (property); and
WHEREAS, on October 19, 1994, the Mayor and City Commission approved Resolution
No. 94-21364, authorizing the Mayor and City Clerk to execute a Revocable Permit in favor of
lnterstock Development Corporation for the construction of a handicap access ramp, stairs,
landscaping with electric lights and sprinkler system, and a concrete slab for outdoor seating on the
9th Street City right-of-way abutting the south property line ofthe Property (Permit); and
WHEREAS, one of the conditions of the Permit was that it be granted specifically for the
use and benefit of lnterstock Development's tenant in that particular space, Andalusia Bake Shop;
and
WHEREAS, the Permit further stipulated that in the event that Andalusia Bake Shop was
no longer the tenant benefitting from said Permit, it would automatically terminate and be of no
further force and effect, and lnterstock Development Corporation would be required to submit a new
Revocable Permit application to the City for approval; and
WHEREAS, subsequently, Andalusia Bake Shop did not occupy the designated space for
which the Permit was originally granted and issued, thereby making that Permit void and of no
further force and effect; and
WHEREAS, Interstock Development Corporation now seeks to retain the improvements
granted under the former Permit for a new tenant, Y oko's Japanese Restaurant, that seeks to occupy
the space originally leased to Andalusia Bake Shop, thereby necessitating a new application; and
WHEREAS, on July 17, 1996, the Mayor and City Commission held a public hearing to
consider the aforestated request and the Administration recommends granting the attached Revocable
Permit, subject to the conditions set forth in therein.
WHEREAS, pursuant to the Administration's recommendation, the Mayor and City
Commission herein find that the criteria for issuance of a Revocable Permit, as set forth in Section
33-4 of Article II, entitled "Revocable Permits," of Miami Beach City Code Chapter 33, entitled
"Real Property," as amended, have been met.
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 herein find that the criteria for issuance of a Revocable Permit, as set forth under
Article II, Section 33-4 ofthe Miami Beach City Code, as amended, have been met, and authorize
the Mayor and City Clerk to execute the attached Revocable Permit in favor of Interstock
Development Corporation to retain a handicap access ramp, stairs, landscaping with electrical
lighting, sprinkler system, and a concrete slab for outdoor seating, on the City right-of-way on Ninth
Street, abutting the South property line of the property located at 901 Alton Road, said Revocable
Permit granted specifically for the use and benefit of Interstock Development Corporation's tenant,
Y oko's Japanese Restaurant, as specifically provided for within the Permit.
PASSED and ADOPTED this n 11'\ day Of~, 1996.
ATTEST:
MAYOR
CITY CLERK
F,IA TfO\$ALLIBEVllNTRS1K2.REV
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R7B Commission Memorandum No. 448-96 f ~ Jb" 7r~~
A Resolution Finding that the Criteria for Issuance of a Revocable Permit, as Set Forth Under ~ic1e
II, Section 33-4 of the Miami Beach City Code, as Amended, Have Been Met, and Authorizing the
Mayor and City Clerk to Execute a Revocable Permit in Favor ofInterstock Development Corporation
to Retain a Handicap Access Ramp, Stairs, Landscaping with Electrical Lighting and Sprinkler System,
and a Concrete Slab for Outdoor Seating on the 9th Street City Right-of-Way, Abutting the South
Property Line of the Applicant's Property at 901 Alton Road; Said Revocable Permit Granted
Specifically for the Use and Benefit of Interstock Development Corporation's Tenant, Y oko's Japanese
Restaurant, as Specifically Provided for Within the Permit 3:00 p.m. Public Hearing
~.er Action
Administration Recommendation: Approve the Resolution.
(Engineering and Construction Management)
(Scheduled on 6/5/96)
ACTION: Public hearing held, Resolution No. 96-22076 adopted, as amended. Resolution and
Revocable Permit amended to delete all references of outdoor seating; deleting sections 2; 3 and 4
making reference to outdoor seating, food, beer, wine or other forms of liquor and amplified music; use
of the concrete slab for additional landscaping on the City's Right-of-Way on 9th Street approved;
amend Exhibit A to reflect elimination of outdoor seating, Motion made by Commissioner Gottlieb;
seconded by Commissioner Liebman; vote: 6-0; Commissioner Kasdin absent. After-the-fact permit
fee to be reviewed administratively.
R7C Commission Memorandum No. 403-96
A Resolution Approving a Loan to the Wolfsonian Foundation, Inc., in the Amount of $500,000
Seemed by a First Mortgage on the Mia.'!I! Beach Woman's Club Prop::rty Located at 2<!O! Pine Tree
Drive, Miami Beach, Florida, Appropriating Funds for Said Loan from Bond Fund No, 351, Authorizing
a Work Order for Said Appropriation from Bond Fund No. 351, and Authorizing the City Attomey's
Office and Administration to Prepare any and all Necessary Docwnents for Execution by the Mayor and
City Clerk to Memorialize and Facilitate the Loan.
Administration Recommen-iation: Approve the Resolution.
(City Manager's Office)
(Deferred from 7/3/96)
ACTION: Resolution No. 96-22077 adopted, as amended. Motion by Vice-Mayor Pearlson and
seconded by Commissioner Kasdin; vote: 5-2; opposed: Commissioners Gottlieb and Shapiro. Term
ofloan reduced to 6 months. Commissioner Liebman suggested that the loan language reflect that any
additional property acquired by the Wolfsonian would be collateral to the loan. R. Nachlinger to handle
the loan docwnents and to ensure mortgage is recorded. Submit site plan of facility for review.
Investigate feasibility of implementing parking decal program for neighborhood.
24
CITY OF MIAMI'BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA33139
COMMISSION MEMORANDUMNO.~
TO:
Mayor Seymour Getber and
Memben of the City Commission
DATE:
July 17,1996
FROM: Jose Garcia-Pedrosa
City Manager
SUBJECT: A RESOLUTION UTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE A OCABLE PERMIT IN FAVOR OF INTERSTOCK
DEVELOPMENT CORPORATION TO RETAIN A HANDICAP ACCESS
RAMP, STAIRS, LANDSCAPING WITH ELECTRICAL LIGHTING,
SPRINKLER SYSTEM, AND A CONCRETE SLAB FOR OUTDOOR
SEATING ON THE 9TH STREET CITY RIGHT-OF-WAY, ADJACENT TO
THE PROPERTY LOCATED AT 901 ALTON ROAD.
ADMINISTRATION RECOMMENDATION:
To approve the Resolution.
BACKGROUND:
In June 1993, the City Commission adopted Ordinance No.93-2855, amending the City Code
Chapter 33 and establishing procedures for the granting, denial and revocation of Revocable permits
for use of City-owned property.
Interstock Development Corporation, owner of the property located at 901 Alton Road, was issued
a Revocable Permit in October 1994 for a handicap access ramp, stairs, landscaping with electric
lights, sprinkler system and a concrete slab for outdoor seating (see attached exhibit nAn). This
permit is subject to the following conditions:
1. The use of the outdoor seating must terminate daily at 9:00 P.M.
2. No liquor or beer shall be allowed to be sold, served or consumed outdoors.
3. No amplified music shall be allowed outdoors.
4. This Revocable Permit is only for the current tenant: Andalusia Bake Shop. Upon change
of tenant, a new Revocable Permit application should be submitted to the Commission.
Since Andalusia Bake Shop did not occupy the designated space, Interstock Development
Corporation is requesting a new Revocable Permit for the new tenant, Y oko's Japanese Restaurant,
for the use of the area as originally permitted.
438
DATE
~15
7-0-Q(,
AGENDA ITEM
ANALYSIS:
Pursuant to the City's Revocable Permit Ordinance No. 93-2855 and amended City Code Chapter
33, the applicant has submitted all of the application requirements together with a list of property
owners within a radius of 375 feet, who have been notified of this scheduled public hearing. In
addition to the already paid $1,000 application fee, this Revocable Permit will generate an annual
income to the City of$I,296.
Additionally, the applicant is requesting a waiver of the $1,000 application fee. See attached letter
dated May 24, 1996.
CONCLUSION:
The City Commission should grant this Revocable Permit to Interstock Development Corporation,
incorporating the same conditions of the original permit as follows:
I. The use of the outdoor seating must terminate daily at 9:00 P.M.
2. No liquor or beer shall be allowed to be sold, served or consumed outdoors.
3. No amplified music shall be allowed outdoors.
4. This Revocable Permit is only for the current tenant: Yoko's Japanese Restaurant. Upon
change of tenant. a new Revocable Permit application should be submitted to the
Commission.
Additionally, the request to waive the $ 1,000 application fee should be denied.
Attachments.
JGP~~~dP\VGK
439
,Co'"
. ,
REVOCABLE PERMIT
TIllS AGREEMENT, made on this _ day of , 1996 between the CITY
OF MIAMI BEACH (City) and INTERSTOCK DEVELOPMENT CORPORATION, a New York
Corporation (permittee).
WIlNESSETH
WHEREAS, the Permittee is the owner of property abutting the Demised Premises, located
at 901 Alton Road, Miami Beach, Florida, and legally described as Lots 7 and 8, Block 123, LENOX
MANOR, according to the Plat thereof, recorded in Plat Book 7, at Page 15, 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
, 1996 (Demised Premises).
IT IS FURTHER MUTUALLY UNDERSTOOD AND AGREED 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 PERMITIEE
The Permittee shall use the Demised Premises for the construction of an access ramp, stairs,
landscaping with lighting and sprinkler system, and a concrete slab for outdoor searing, in the exact
configuration as described in Exhibit "A," attached hereto and incorporated herein (Improvements)
The City's approval of the Improvements, and of this Revocable Permit, is conditioned upon the
following:
.
~ ~ ,
1. The Permit, and the Improvements approved herein, is approved and only valid as
to Permittee's tenant, Y oko's' Japanese Restaurant, as the intended beneficiary of the
Improvements. In the event that Y oko's Japanese Restaurant is no longer Permittee's
tenant, this Revocable Permit shall automatically terminate and be of no further force
and effect, and Permittee shall be required to submit a new Revocable Permit
application to the City for approval.
2. If outdoor seating is to be placed within the Improvements, the use of outdoor seating
must terminate daily, no later than 9:00 p.m..
3. No beer, wine, or other forms ofliquor and/or alcoholic beverages shall be allowed
to be sold, served, or consumed in that portion of the outdoor area comprising the
Improvements.
4. No amplified music shall be allowed outdoors, within the Improvements area.
No other Improvements(s) of any kind shall be made to the Demised Premises without the prior
written consent of the Mayor and City Commission.
ARTICLE II
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.
2
ARTICLE III
CONDITION OF 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 Improvements and the Demised Premises in a safe, clean condition, free of
grease or refuse and debris. Determination of the condition of the Improvements and of the 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, actions, 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 Permittee 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 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 party against any party other than
Permittee, it shall and 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.
3
.-
. .
ARTICLE V
NO LIABILITY FOR PERSONAL PROPERTY
All personal property placed or moved on the Demised Premises shaH be at the risk of the
Permittee or the owner thereof. The City shaH not be liable to the Permittee or owner 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 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 Improvements or
landscaping made by the City and necessitated by the Permittee's use of said Demised Premises,
shaH 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.
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.
4
ARTICLE VIII
NOTICES
It is understood and agreed between the parties hereto that written notice addressed to the
Permittee and mailed or hand delivered to: Interstock Development Corp., 47 East 88th Street, New
York, New York, with copies to: Jonathan D. Beloff, Esquire, Ruden, McClosky, Smith, Schuster
& Russell, PA, 701 Brickell Avenue, Suite 1900, Miami, Florida 33131, shall constitute sufficient
notice to the Permittee, and written notice addressed to the City Manager and mailed or 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 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. If 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 agrees 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. 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 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.
5
"
PERMITIEE FURTHER STATES THAT HE HAS CAREFULLY
READ THE FOREGOING REVOCABLE PERMIT AND KNOWS
THE CONTENTS THEREOF AND FULLY REALIZES ITS
MEANING AND SIGNS TillS REVOCABLE PERMIT OF illS
OWN FREE WILL
IN WITNESS WHEREOF, the parties have hereunto executed this Revocable Permit for the
purposes herein expressed the day and year first above written.
CITY OF MIAMI BEACH
Mayor Seymour Gelber
ATTEST:
City Clerk
PERMITTEE
Witness
President
Interstock Development Corp.
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