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96-22047 RESO RESOLUTION NO. 96-22047 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A REVOCABLE PERMIT IN FAVOR OF DACRA WASHINGTON, INC., TO RETAIN NINE (9) LARGE PALM TREES WITH CONCRETE GRATINGS AND IRRIGATION SYSTEM IN CITY-OWNED RIGHT-OF-WAY ADJACENT TO DACRA'S PROPERTY LOCATED AT 743 WASHINGTON AVENUE, MIAMI BEACH, FLORIDA. WHEREAS, Dacra Washington, Inc. is the owner of property located at 743 Washington Avenue, Miami Beach, Florida; and WHEREAS, Dacra Washington, Inc. has applied for a revocable permit to retain nine (9) large palm trees with concrete gratings and irrigation system on the abutting City-owned right-of- way; and WHEREAS, on July 3, 1996, the Mayor and City Commission held a public hearing to consider the aforestated request, and it is herein recommended that the Revocable Permit, attached and incorporated as 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 are authorized to execute the attached Revocable Permit in favor of Dacra Washington, Inc., to retain nine (9) large palm trees with concrete gratings and irrigation system in City-owned right-of-way adjacent to Dacra's property located at 743 Washington Avenue, Miami Beach, Florida. PASSED AND ADOPTED this 3rddaYOf~ 1996. , " ATTEST: Jt 0 lut~ PCU~ CITY CLERK I / FORM APPROVED Le Dept. C:\WPWIN60\WPDOCSIRESOLUTNlDACRARES.REV CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 CITY OF MIAMI BEACH COMMISSION MEMORANDUM NO. ~ TO: Mayor Seymour Gelber and Memben of the City Commission DATE: ~uly 3, 1996 FROM: Jose GarCia_pedroSj! City Manager . A RESOLUTIO GRANTING A REVOCABLE PERMIT TO DACRA WASHINGTON INC. TO RETAIN (9) NINE LARGE PALM TREES WITH CONCRETE GRATINGS AND IRRIGATION SYSTEM IN THE CITY- OWNED RIGHT-OF-WAY ADJACENT TO THE APPLICANT'S PROPERTY LOCATED AT 743 WASHINGTON A VENUE, MIAMI BEACH, FLORIDA. SUBJECT: 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 revocatien of Revocable Permits for the use of City-owned property. Dacra Washington Inc., owner of the property located at 743 Washington Avenue, had installed trees, grates and an irrigation system on the Washington Avenue City-owned right-of-way in 1993. A Revocable Permit application has been completed and submitted together with the proper "after the fact" application fee to retain the nine palm trees with concrete tree grates and the irrigation system, on City-owned right-of-way, adjacent to the applicant's property. 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 $3,000 application fee, this Revocable Permit will generate an annual income to the City of $405 based on 450 square feet. AGENDA ITEM R'l-5 7-3-91.0 DATE COMMISSION MEMORANDUM Page 2 July 3, 1996 CONCLUSION: The City Commission should grant this Revocable Permit, considering that the applicant has completed all of the requirements of the application and that the trees are an enhancement to the neighborhood. Attachment JGP/HMlJGdP/DCNGK A:\DACWASH.REV REVOCABLE PERMIT ,'.... .~' f n :':" r-c r \/'':;'0 f '\ ~~ f~,.' "" '1 'J :.- L .. i ' .r ,.-. ,. , "r.1 ; n, '. ". .' \ ~,,""I i THIS AGREEMENT, made on the 3rd day of I-',r "II ^ ~ 0" L 0 7 'Ji~ p; .~ '1 I ;7:;'i) , . ..... '.; ~-,..,.:.... '"....,. 1!' . July , 1996, fiy and iI.., I ',;~. _ ~ . -~., ; c L,., ~" -i,,) ~}; - F~. between the CITY OF MIAMI BEACH (City), and DACRA W ASH~~rmC.,u~IPlorida limited partnership, (Permittee). WITNESSETH WHEREAS, the Permittee is the owner of property abutting the Demised Premises, located at 743 Washington Avenue, Miami Beach, and legally described as Lots 14, 15, and 16, in Block 33, OCEAN BEACH ADDITION NO.1, according to the Plat thereof, recorded in Plat Book 3, at Page 11, 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" attached hereto and incorporated herein, for the period of twenty (20) years commencing on July 3, , 1996 (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. ARTICLE I USE OF DEMISED PREMISES BY PERMITTEE The Permittee shall use the Demised Premises to install trees, grates and landscaping, with irrigation system and electric lights, in the exact configuration as described in Exhibit "A," attached hereto and incorporated herein (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 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. 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 grease or refuse and debris. All landscaped areas shall be maintained in a live, healthy, and growing condition, properly watered and trimmed. Determination of the condition of said 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 2 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 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. 3 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. 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. 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 DACRA WASHINGTON, INC., 230 Fifth Street, Miami Beach, Florida 33139, shall constitute sufficient 4 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 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. 5 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 purp0ses herein expressed the ays and years first ab we written. ~- . // j / , d11t;/ Ie/- it ess J ~ Secretary PERMITTE . ATTEST: ~6~~ f~~ City Clerk In the presence of: President C : \ WPWI N60 \ WPDDCS \AGREEMNT . RJA \ DACRA. REV FORM APPROVED Legal Dept. By rpfh Date c'1? ;;fb , 6 $'F,IS' ... ~ ~ .~ \s\. R/J4Iloc' by A..+r t- ~ """"\ , . :.:A ~~', "11~"~ '!!-jI %.~ ~.i\~~ .~~ m dI~~~ r:.. iQ.{}~ )- ~ ~~ ~ h ~ z. ~ z:. ,L S.rc..e>-, 5ntWG7&XlE ~.c.iF'Lv. ~,57' ~ \\\ ~\ "\)\ ()' ... --\ ~ ~~ ~ ~ ~ ~~() ~~ t' a ~~ \:: \1\ :s ~ 0 0 0.$0' A $,P/,loolft. or 'A/l1<l #>Ie; t' ""\ .... U\ ~~~~ "~\\' ~~~~ ~ \h~ - -Si\~-\ i ~ 1Il ~ III " t- ~ ~ ~ \\ *.. .~ : UI .- . ': '. . G't::.I!U. ~"'L . .. . . " ,. .:. ...' N .. 'Z2T5' ... 4,.1ls' -.; ~~ C\- .,.,~ &-I '>- ~ x.. :!~ lI'- Z "'- -\ " ~ C~ AND urrE.f!.. ~I'-/At.. r ,P;1/-l/EH lE'/IIr EIC?H/H S~=r EXHIBIT "A" ~ \\\ ~ 01 .~ ~ ,..... "\ ~ ~ 11\ 1 '" ~ '/ / I J Cj)J )..-,-. / ) ) L.-J (.LJ / . ".""..," ~tf: '7335rf,3935 RE("r-iVrf) REVOCABLE PERMIT :,. :iCH ?,t:d:';::~3939] ~5 19% AUG 30 15=59 THfsf~.AlGRERMirNi,1 made on the 3rd day of July , 1996, by and betweent~;~JAYJ~fi~MljMt I~EACH (City), and DACRA WASHINGTON, INC., a Florida limited partnership, (Permittee). WITNESSETH WHEREAS, the Permittee is the owner of property abutting the Demised Premises, located at 743 Washington Avenue, Miami Beach, and legally described as Lots 14, 15, and 16, in Block 33, OCEAN BEACH ADDITION NO.1, according to the Plat thereof, recorded in Plat Book 3, at Page 11, of the Public Records of Dade County, Florida; and WHEREAS, the Permittee wishes to make an improvement on the Demised Premises; aIld \,;,J _" en , WHEREAS, the City in consideration of the restrictions and covenants herejP.'contained, , ;~ : ;~::_"; - -\ ~?, hereby permits the exclusive use of the City right-of-way, as described in Exhibit ti:" atf~ed ';:; July 3 , 1996 (the Demised Premises). '=; -Q ,',\ comritatl,cing':.: on,':;':::) c' .. .r.- " :, q \: ~:~':; :-\ :. Cf' :.C hereto and incorporated herein, for the period of twenty (20) years 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. ARTICLE I USE OF DEMISED PREMISES BY PERMITTEE The Permittee shall use the Demised Premises to install trees, grates and landscaping, with irrigation system and electric lights, in the exact configuration as described in Exhibit "A," attached :\ \]U Off. '7i35r"~g?6 PEe. v ('''-',J hereto and incorporated herein (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 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. 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 grease or refuse and debris. All landscaped areas shall be maintained in a live, healthy, and growing condition, properly watered and trimmed. Determination of the condition of said 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 employee~ 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 2 OfF. r 7. ...~3SP",:;gi7 REC. v... ~ , l\..! ...; 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 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. 3 Off. 17~~SP~':';9')8 REC. ..J..)~. 11.... ,; 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. 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. 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 DACRA WASHINGTON, INC., 230 Fifth Street, Miami Beach, Florida 33139, shall constitute sufficient 4 OH. 17135on':;9')9 ~[C. -..)1, ~.. J 1\.' ...; 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 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. 5 O"fF f 7r)3CM'-940 ' ' . "' .It I .f REC. 0... ..J I~,,-' 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 !';~~iy~(,ses herein expressed the days d years first above written. President In the presence of: PE iPless , ' //;/ /!:a~ r~ '.J Witness Secretary C: \WPWIN60\WPDOCS\AGREEMNT. RJA\DACRA. REV FORM APPROVED Legal Dept. By rpfh Date ~/? ;)fb 6 \\\ ~\ - t..l ~ Q.. ~ -\ ~~ -.,...,:- ~ ~ y: ~f ~~ t' .. ~~ t)"l\ \ ~ ~ 3 ~ o o ., .; $';',15' ,1- '" ...UI ~ '!:S\ O.~; A $P;,c..u. 7" '4Il1<l1>lG Off. REC. I 733Sri;394 f ~ ~ ,L S~>-' r SJ'iItUIC.7&JaE ""-\ ~.c..e-~v. ~,'7 I ~ 77.$D o.$c' t' ""'\ .... Ul >~\t\& ~~~~ ~~~~ _1 Si\~-( i . ll\ ~ III ,... '" ~ ~- ... . . ~C".&$. ~~"L A_' - :il5-.-o'- - .. '72. "5' ". I' ~ t:. ~~.2~ ~'c~ AlND UrrE.e. ~ NAL T P,tifl/E/-1 S'lVr EIC?H"Tf./ Spe.cET EXHIBIT "A" ..~ \s\.. ~uJ/cc' by A..+r -!}. N .' ~~ t\- "lO~ \i-t ~- ~ x :!~ lI\- Z~- --\ I t ,. ~ :c. - z: ~ z:. ~ ~ :... 0\ .~ )a; ,.... -\ ~ ~ 11\ :l " ~ ~fb: 17335r~3g.1Z RESOLUTION NO. 96-22047 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A REVOCABLE PERMIT IN FAVOR OF DACRA WASHINGTON, INC., TO RETAIN NINE (9) LARGE PALM TREES WITH CONCRETE GRATINGS AND IRRIGATION SYSTEM IN CITY-OWNED RIGHT-OF-WAY ADJACENT TO DACRA'S PROPERTY LOCATED AT 743 WASHINGTON AVENUE, MIAMI BEACH, FLORIDA. WHEREAS, Dacra Washington, Inc. is the owner of property located at 743 Washington Avenue, Miami Beach, Florida; and WHEREAS, Dacra Washington, Inc. has applied for a revocable permit to retain nine (9) large palm trees with concrete gratings and irrigation system on the abutting City-owned right-of- way; and WHEREAS, on July 3, 1996, the Mayor and City Commission held a public hearing to consider the aforestated request, and it is herein recommended that the Revocable Permit, attached and incorporated as 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 are authorized to execute the attached Revocable Permit in favor of Dacra Wa."luligton, Inc., to retain nine (9) large palm trees with concrete gratings and irrigation system in City-owned right-of-way adjacent to Dacra's property located at 743 Washington Avenue, Miami Beach, Florida. ATTEST: R 0 luA~ PCU~ CITY CLERK I I FORM APPROVED ~Dept. ~~ 0~6 C:\WPWIN6O\WPDOCSIRESOLUTNIDACRARES.REV Off. 17r~3!1r~r;\..9!13 REC. V'- ,.~, .... . CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 COMMISSION MEMORANDUM NO. ~ TO: Mayor Seymour Gelber and Memben of the City Commission DATE: ~uly 3, 1996 SUBJECT: Jose Garcia_pedroSj! City Manager A RESOLUTIO GRANTING A REVOCABLE PERMIT TO DACRA WASHINGTON INC. TO RETAIN (9) NINE LARGE PALM TREES WITH CONCRETE GRATINGS AND IRRIGATION SYSTEM IN THE CITY- OWNED RIGHT-OF-WAY ADJACENT TO THE APPLICANT'S PROPERTY LOCATED AT 743 W ASHINGTON AVENUE, MIAMI BEACH, FLORIDA. FROM: 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 revocatien of Revocable Pennits for the use of City-owned property. Dacra Washington Inc., owner of the property located at 743 Washington Avenue, had installed trees, grates and an irrigation system on the Washington Avenue Ci~r-owned right-of-way in 1993. A Revocable Pennit application has been completed and submitted together with the proper "after the fact" application fee to retain the nine palm trees with concrete tree grates and the irrigation system, on City-owned right-of-way, adjacent to the applicant's property. ANALYSIS: Pursuant to the City's Revocable Pennit 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 $3,000 application fee, this Revocable Permit will generate an annual income to the City of $405 based on 450 square feet. AGENDA ITEM R1-5 '7..~-~ DATE OfF. '7'~35rr,1g~.4 REC. v .~. COMMISSION MEMORANDUM Page 2 July 3, 1996 CONCLUSION: The City Commission should grant this Revocable Permit, considering that the applicant has completed all of the requirements of the application and that the trees are an enhancement to the neighborhood. Attachment JGP/HM/JGdPIDCNGK A: \DACWASH. REV CITY OF MIAMI BEACH MEMORANDUM DATE: September 19, 1996 TO: Robert Parcher, City Clerk (])jj-// FROM: Carl A. Hastings, Housing Rehabilitation Specialist SUBJECT: Change of date on Multi-Family Housing Rehabilitation Matching Grant Agreement It has been customary for the Multi-Family Housing Rehabilitation Matching Grant Agreements to be dated upon the date the Agreement is signed by the Mayor. The language of this agreement requires a number of actions to be taken in the first thirty (30) days following the date of the Agreement. The Agreement with Joaquin and Sonia Perez, relating to the proposed rehabilitation project at 345 Collins Avenue, was dated the day of the City Commission meeting, July 17, 1996, however, execution of this agreement by the Mayor did not take place until August 13,1996. We would appreciate it if you could arrange to correct the date on the front sheet of this Agreement to conform to the date of execution by the Mayor. CAH cc: Miguel! Del Campillo, Housing Coordinator