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.
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ATTEST:
Jt 0 lut~ PCU~
CITY CLERK
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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
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THIS AGREEMENT, made on the 3rd day of
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July , 1996, fiy and
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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.
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PERMITTE .
ATTEST:
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City Clerk
In the presence of:
President
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FORM APPROVED
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RE("r-iVrf) REVOCABLE PERMIT
:,. :iCH
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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
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WHEREAS, the City in consideration of the restrictions and covenants herejP.'contained, ,
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hereby permits the exclusive use of the City right-of-way, as described in Exhibit ti:" atf~ed ';:;
July 3
, 1996 (the Demised Premises).
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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
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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
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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
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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
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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
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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
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Witness
Secretary
C: \WPWIN60\WPDOCS\AGREEMNT. RJA\DACRA. REV
FORM APPROVED
Legal Dept.
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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
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FORM APPROVED
~Dept.
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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
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'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