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R-93-0040
J-92-852 1/4/93 090- 40 P0501;VION NO. A RESOLMION, WITH ATE, UPHOLDING AND AFFIRMI:NG THE PUBLIC WORKS DIRDLL'IM' S DECISION TO DENY A SIDEWALK CAFE PERMIT FOR THE SIDEWA Z AREA IMMEDIATELY ADJACENT TO EL&a' S ITALIAN RESTAURANT, INC., D/B/A CAFE SCI-SCI, LEAS , DUE TO THE INABILITY OF CAFE SCI-SCI's OPERATORS TO OBTAIN THE REQUISITE CONSENT OF THE ADJACENT PROPER2Y OWNER TO OCCUPY SAID SIDEWALK AREA; MAKING FINDINGS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Elena's Italian Restaurant, Inc., d/b/a Cafe Sci-Sci ("Cafe Sci-Sci") has filed an application for a permit to continue operation of a sidewalk cafe on City of Miami right-of-way pursuant to Article VI of Chapter 54 of the Code of the City of Miami., Florida, as wed; and WHEREAS, Cafe Sci-Sci's application for said permit ("Application") included sidewalk area adjacent to the frontage of adjoining property not leased or owned by Cafe Sci-Sci; and WHEREAS, Sections 54-113 and 54-114 of the City Code operate to preclude the expansion of sidewalk cafe operations to contiguous and adjacent sidewalk frontage of a sidewalk cafe permittee unless written approval is given to said pendttee by the adjacent building's owner and any affected lessee, and said perm"sion is evidenced in writing to the City at the time an application for a sidewalk permit is filed ("owner consent"); and WHEREAS, Cafe Sci-Sci complied with the aforementioned owner consent requixEnent for its initial sidewalk cafe permit on May 27th, 1987, by _ submitting consent of the. then adjacent property owner, JanMar Corporation, to CITY ,COVWSSIC}I1 . , MEETI2dG Or ATTACHMENT (S) 1 4 1993 Resolution PIa _- CONTAIHED 93-0 the operation of the sidewalk cafe on the subject contras adjacmt additional sidewalk area; and WHEFF S, no further owner consent has been tendered to the City by Cafe - Sci-Sci relative to the operation of its sidewalk cafe; and WHERF,.AS, on April 20th, 1992, the City of Miami. Department of public Works was informed by the new owner of the adjacent contiguous property, Grand Limited Partnership, via their representative, Constructa Properties, that it was "withdrawing the landlords consent, " to the use of its sidewalk frontage other than that immediately in front of Cafe Sci-Sci's leased space; and WHEREAS, on June 22nd, 1992, the Public Works Director ("Director"), - issued a "Directors Notice of Violation" to Cafe Sci-Sci via certified mail', informing Cafe Sci-Sci that it had three (3) days to provide proof of owner = consent for sidewalk cafe use of sidewalk other than that fronting the building housing their restaurant, and returned Cafe Sci-Sci's application fee for its sidewalk cafe permit renewal; and WHEREAS, said Notice of Violation was returned undelivered by the U.S. Postal Service; and WHEREAS, said Notice of Violation was then hard -delivered to Cafe Sci- Sci on August 24th, 1992; and WKMWEAS, Section 54-117 of the Code of the City of Miami authorizes the Director to deny, revoke or suspend a permit for a sidewalk cafe if the Director's Notice Of Violation is not corrected within three (3) days of its receipt; and 93- 40 _2_ MEREAS, Cafe Sci--Sci has been unable to provide the Director with the — requisite owners consent; and WHffTAS, Cafe Sci-Sci has appealed the Director's refusal to renew a — Sidewalk Cafe permit to Cafe Sci-Sci for the use of adjacent sidewalk frontage not immediately in front of its restaurant's operation; W4, THM=, BE IT RESOLVED BY THE C,OPMSSION OF THE CITY OF MIM, FLOR DA: Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The City Commission hereby makes the following findings: a.) Article VI of Chapter 54 of the Code of the City of Miami ("Article VI") requires a permit for the operation of a sidewalk cafe in the City of Miami. b.) Sections 54-113 and 54-114 of the Code of the City of Miami ("City Code") jointly act to restrict the operation of a sidewalk cafe to the frontage of the licensed restaurant or food service establishment to which the permit is issued unless the owner and any affected lessee of property contiguous and adjacent to the permittee gives written approval to the expansion of such sidewalk cafe use to its adjacent and contiguous sidewalk frontage. c.) Section 54-116 of the City Code provides that a pennit shall be effective for only one (1) year subject to annual renewal.. d.) Section 54-113 of said Code requires that all permits for sidewalk cafe operation be issued pursuant to the requiinents of Article VI. e.) Article VI mandates annual ccmpliance, as a condition precedent to issuance of a permit for any -3- 93- 40 year, with all terms and requirements for a sidewalk cafe permit, unless otherwise specifically provided in said article. f.) The Appellan�, Elena's Italian Restaurant, Inc., d/b/a Cafe Sci-Sci ("Cafe Sci-Sci") , has failed to comply with requixements of Article V1 of Chapter 54 inasmuch as it has failed to satisfy the owner consent prerequisite to issuance of a pern.t for operation of its sidewalk cafe on contiguous sidewalk frontage next to its operations at 3043 Grand Avenue. g.) The Department of Public Works properly, and with good cause, returned Cafe Sei-Soils check for $10,600.00. Said payment represented Cafe Sci-Sci's sole effort to comply with the provisions of Article IV of Chapter 54 in seeking remmial of its sidewalk cafe permit. h.) Section 54-116(17) of Article VI further provides that the issuance of a sidewalk cafe permit does not grant or infer vested rights to use of the sidewalk area by a pexmittee, and the issuance of a permit or renewal of a permit is a right retained by the City (subject to the criteria and standards set forth in Article VI, which dictate standards for issuance of said permit.) i.) Section 54-117 of the City Code authorizes the Director of Public Works to deny, revoke, or suspend a permit for a sidewalk cafe if a Notice Of Violation is not corrected within three (3) days of receipt. j.) Cafe Sci-Sci failed to correct the deficiencies in its Sidewalk Cafe permit which were set forth in the Director's Notice Of Violation by not Providing the required Owner Consent. Section 2. As a consequence of the aforementioned findings the City Camnission hereby upholds and affirms the decision of the Director of Public Works to issue a Notice Of Violation in the subject case and consequently deny a Sidewalk Cafe Permit to Elena's Italian Restaurant, Inc., d/b/a Cafe Sci-Sci, located at approximately 3043 Grand Avenue, for the use of Cafe Sci-5ci's sidewalk area immediately contiguous to its sidewalk area -4- 93- 40 Section 3. upon its adoption. This Rvsolution shall became effective imnediately pASSED AND ADOPrM this 14 th clay o PREPARED AND APPROVED BY: E. MiXWELL ASSIS'TANr CI'I'St'/1( 'Y -a APPROVES AS TO F X AND COMMIESS: �i 1/Said revocation applies to sidewalk space immediately adjacent to Cafe Sci-Sci's leashold. It does not apply to Cafe Sci-Soils request for a permit to operate a sidewalk cafe on the sidewalk space immediately in front of Cafe Sci-Sci, if all other applicable provisions of Article VI are complied with. -5- 9 3 r �d U1 0 , 0 4 54.108 STREET SAND SIDEWALKS t 54.112 ARTICLE Vt. SIDEWALK CAFES* Sec. 54.111. Permit fee. Sec. 54-108. Permit required. Operating a sidewalk cafe on city sidewalks shall be unlawful without a permit. No person shall conduct business as herein defined without first obtaining a permit from the director of the department of public works and paying the fee therefor to the director of finance or his designee. It shall be unlawful for any person to operate a sidewalk cafe on any sidewalk within the city ex• cept as provided by this article. (Ord. No. 9848. 1, 6.14.84) Sec. 54.109. Dei'htitiuns. (As used in this article:] Cafe zones means any public sidewalk area within the city that complies with the require- ments of article VI of this chapter. Director means the director of the department of public works. Permittee means the recipient of a sidewalk cafe permit under the terms and provisions of this ar- ticle. Sidewalk means that portion of the street be- tween the curb lines or the lateral lines of a roadway and the adjacent property lines intended for use by pedestrians. Sidewalk cafe means the placing, locating, or permitting of the placing or locating of chairs and tables within the sidewalk area adjacent to a busi- ness licensed to operate as a restaurant or take- out food establishment. (Ord. No. 9848, § 1, 6.14- 84; Ord. No. 10217, 11, 1-8-87; Ord. No. 10693, § 1, 1.11.90; Ord. No. 10854, § 1, 3-14-91.) Sec. 54.110. Rererve& Editor's nab —Section 1 of Ord. No. 10854, adopted Mar. 14, 1991, deleted former i "110, which pertained to bound- aries of cafe zones and derived from Ord. No. 9848,11. adopted .Tune 14, 1984. The annual permit fee for establishing or main. taining a sidewalk cafe shall be twenty dollars 1$20.00) per square foot of usable sidewalk area, as determined by the department of public works. The permit fee shall be waived by the department of public works, upon the applicant's request, for any proposed sidewalk cafe, if the waiver request is made before the sidewalk cafe permit is issued, and the proposed sidewalk cafe site is located in a community development target area, as defined by the city community development department. Such waiver request shall require presentation of a form letter from the community development department evidencing that the application site is within a target area. The waiver period shall be site specific, transferable to a new operator at the same location, and shall run for one (1) consecu. tive twelve-month period following the initial permit approval for the location. Any transfer shall only be valid for the balance of the twelve (12) months remaining. The permit fee shall be due and payable for all subsequent years of operation at such location. (Ord. No. 9848, § 1, 6.14.84; Ord. No. 10217, § 1, 1.8.87; Ord. No. 10658, § 3, 10. 12-89; Ord. No.10693, § 1,1-11.90; Ord. No. 10854, § 1, 3-14-91) Sec. 54-112. Pertir3t application. (a) Application for a permit to operate a side- walk cafe shall be made at the department of public works in a form deemed appropriate by the director. Such application shall include, but not be limited, to the following information: (1) Name and address of the applicant; (2) A copy of a valid business license to operate a restaurant or a take-out food establish- ment adjacent to the sidewalk area which is the subject of the application; (3) A copy of current liability insurance; (4) A drawing (minimum scale of one-fourth (Y-0 inch equals one (1) foot) showing the _ aZdh is sons —mice 2 of0rL No. 9W provides " Mis lay -out and dimensions of the existing side- _ a tick &a be brouot balm lids coamissim for rimew am walk area and adjacent private property, year h m tie effective date." = Chy eo& erase rettresee—Food sad food establishments. _ ek. so. Supp. No. 39 M53 93-- 40 1 54.112 MIAMI CODE proposed location, size and number of ta- bles, chairs, umbrellas, location of door- ways, location of trees, parking meters, bus shelters, sidewalk benches, trash recepta- cles, and any other sidewalk obstruction ei- ther existing or proposed within the pedes- trian area; and (5) Photographs, drawings, or manufacturers' brochures fully describing the appearance of all proposed tables, chairs, umbrellas, or other objects related to the sidewalk care. Ib) Applications shall be accompanied by a non- refundable application fee of one hundred fifty dol- lars ($150.00). ic► applications shall be reviewed by the fol- lowing departments: Public works; planning; fire. rescue, and inspection services; and finance (li- cense division and risk management division). (d► Within thirty (301 days of receipt of a com- pleted application, the director shall issue a letter of intent to approve or deny the permit. lei The applicant shall provide proof of neces- sary insurance prior to receiving the permit. (Ord. No. 9848, $1, 6-14-84; lard. No. 10864, § 1, 3-14.91) Sec. 54.113. Permit requirements. 4 54.114 permit is issued; or within the contiguous sidewalk frontage of the building where the licensed restaurant or food service estab- lishment is located, provided that written approval is supplied by the building o«•ner and any affected lessee. 2, Permits will not be issued where the tables and chairs would be placed within five 5 feet of bus stops, taxi stands. or counter service windows. t3) No tables and chairs will be permitted within five (5) feet of a pedestrian cross- walk. (41 The area to be considered shall have side- walks which are ten (10) feet in width or greater. (s) Sidewalk cafes shall be located in such a manner that a minimum six -foot -wide clear pedestrian path is maintained at all times. In areas of congested pedestrian activity. the director is authorized to require a wider pedestrian path, as circumstances dictate. (6) a► No person shall establish a sidewalk cafe on any public street or sidewalk unless such person has obtained a valid permit to operate that side- (7) walk cafe in such a manner pursuant to this ar- ticle. (b) Permits shall be issued only to validly li- censed restaurants or take-out food establishments that wish to provide tables and chairs on the side- walks► adjacent to their businesses for use by the general public. (Or& No. 91548, $ 1, 6-14-84) No objeesa ~ be permitted around the perimeter of an area occupied by tables and chairs which would have the effect of forming a physical or visual barrier discour- aging the 4iee use of the tables and chairs by the general public. Tables, chairs, umbrellas and any other ob- jects provided with the sidewalk cafe shall be of quality design, materials. and work- manship; both to ensure the safety and con- venience of users, and to enhance the vi- sual and aesthetic quality of the urban environment. Design, materials, and colors shall be sympathetic and harmonious with an urban environment. See. 64114. Standards and criteria for apgli• (8) Awnings, umbrellas and other decorative �- canmaterial shall be fire -retardant pressure- _ , treated, or manufactured of fire -resistive The following standards and criteria shall be material. used in reviewing the drawing required in section (9) No portion of a table, chair, umbrella or 54.112(a)(4): awning shall extend into the six-foot pedes- 11► Sidewalk cafes are restricted to the side• trian path. (Ord. No. 9848, 11, 6.14-84; Ord. walk frontage of the licensed restaurant or No. 10217, § 1, 1-&87; Ord. No. 10693, § 1, food service establishment to which the 1-11.90; Ord. No. 10854, 1, 3-14-91) Sapp. No. 39 3664 9 3 - 40 r7 5 54.115 STREETS AND SIDEWALKS Sec. 84-i la. Liability and insurance. ►a► Prior to the issuance of a permit, the appli- cant shall furnish the director with a signed state- ment that the permittee shall hold -harmless the city, its officers and employees and shall indem- nify the city, its officers and employees for any claims for damages to property or injury to per- sons which may be occasioned by any activity car- ried on under the terms of the permit. (b) Permittee shall furnish and maintain such public liability, food products liability, and prop. erty damage from all claims and damage to prop- erty or bodily injury, including death, which may arise from operations under the permit or in con- nection therewith. Such insurance shall provide coverage of not less than one million dollars ($1,000,000.00) for bodily injury, And property damage respectively per occurrence. Such insur- ance shall be without prejudice to coverage oth- erwise existing therein and shall name as addi- tional insured the city, its officers and employees, and shall further provide that the policy shall not terminate or be cancelled prior to the completion of the permit period without forth -five (45) days' written notice to the risk management division of the department of finance, and the director of public works of the city at the address shown in the permit. (Ord. No. 9848, i 1, 6-14.84) Sec. "I M Form and conditions of permit. § 54- i 16 walk, or utility repairs necessitate such action. (5) The department of public works or the po- lice department may immediately remove or relocate all or parts of the sidewalk cafe in emergency situations. (6) The city and its officers and employees shall not be responsible for sidewalk cafe com- ponents relocated during emergencies. (T) The permit shall be speciflcally limited to the area shown on the "exhibit" attached to and made part of the permit. (8) The permittes shall use positive action to assure that its use of the sidewalk in no way interferes with or embarrasses side- walk users or limits their free unobstructed passage- (9) The sidewalk cafe shall be opened fer use by the general public and such uiWshall rtot be acted to patrons of the perrrifUse. (10) Permittees holding an occupational license or certificate of use limited to take-out food shall not be permitted to provide table ser- vice in the sidewalk cafe. However, this shall not relieve the permittee of the re- sponsibility to maintain the sidewalk cafe as required in this section. The permit shall be issued on a form deemed (11) Tables, chairs, umbrellas, and any other suitable by the director. In addition to naming ob*-te provided with a sidewalk cafe shall be maintained ,with a clean and attractive the petwitte+e and any other information deemed � and shall be in good repair at appropriate by the director, the pemit shall core- &U tip tain the following conditions: (1) Each permit shall be effective for one (1) year eject to annual renewal. (2) The pumb lamed sl M be personal to the p a WIN aaly and wall not be traasfera. ble in any manner. (3) The permit may be suspended by the direc. tor when necessary to clear sidewalk areas for a "community or special event" author- ized by a permit issued by the police de- partment. (4) The director may require the temporary removal of sidewalk cafes when street, side- Supp. No. 39 (12) The sidewalk area covered by the permit shall be maintained in a neat and orderly appearance at all times and the area shall be cleared of all debris on a periodic basis during the day, and again at the cloee of each business day. (13) No advertising signs or business identifi• cation signs shall be permitted in the pub- lic right-of-way; this shall not prohibit the use of umbrellas carrying company logwAms. (14) No tablets and chairs nor any other parts of sidewalk cafes shall be attached, chained. UM 93-- 40 S 5a•,16 MIAMI CODE nr it an,: manner affixed to an:, trFe Post, sign. or other fixtures, curb or side" aik '.Vithir, or near the permitted area. No ad. ditional outdoor seating authorized herein shall be used for calculating seating require- ments pertaining to location of, applications for, or issuance of a liquor license for any establishment; or, be used as the basis for computing required seating for restaurants and dining rooms, or as grounds for claim- ing exemption from such requirements under the provisions of any city ordinance or state law. (15) The permit covers only the public sidewalk. Tables and chairs on private property will be governed by other applicable regulations. (16) The permittee shall notify the director of public works, in writing, when operation of the sidewalk cafe begins. Said notice shall be delivered to the director within twenty- four 124) hours of such commencement. I] 5i-:1- 3� :Bari ing cc.nditi,,n 3 (Pf F*des'riar or alar traffic cause congestion neecossitating removal (if s►dtaalk cafe. _Such deciswn -hill be based apo-i :'ind,ngs ot'dir.ccto- that rhu minimum six -root pedestrian pa.h i4 in- sutfcient under existing circumstances and represents a danger to the health, safety. or general welfare of pedestrians or v ehi. ular traffic. e4► The permittee has failed to correct viola• tions of this article or conditions of his permit within three (3) days of receipt of the director's notice of same delivered in writing to the permittee. (5) The permittee has failed to take positive actions to prohibit violations from reoccur- ring. (6) The permittee has failed to make modifica- tions within three (3) days of receipt of the director's notice of same delivered in writing N to the permittee. (17, The issuance of a sidewalk cafe permit does not grant or infer vested rights to use of the (?) Tables, chairs and other vestiges of said sidewalk area b the sidewalk cafe may be removed by the de. permittee. The city partment of public works, and a reasonable retains the right to deny the issuance of a permit or the renewal of a permit. fee charged for labor, transportation, and storage, should the permittee fail to re- - e 18) No entertainment or sound speakers shall move said items within thirty-six (36) hours be placed within or adjacent to the right -of- of receipt of the director's final notice to do way in a manner which causes persons to so for any reason provided for under this accumulate and obstruct the pedestrian article. if the action is taken bnsrd on sub. path. (Ord. No. 9848, $ 1, 6.14-84; Ord. No. section (aX2) or (3) of this section, the action 10217, 4 1, 1.8.87; Ord. No.10693, 1 1, 1- shall become effective upon the receipt of 11-90) Sec. 54-117.Denia4 revocation or suspension of • femoval and storage f ncies. (a) The director *W dvny, revoke, or suspend a permit for any siafmralit cafes authorized in the city if it is found thitt: (1) Any necessary business or health permit has been suspended, revoked, or cancelled. (2) The permittee does not have insurance which is correct and effective in the min-imum amount described in section 54.115. uupp. No. 39 W" 93- 40 AM • a� 1 W117 STREETS AND SIDEWALKS such notice and the permittee shall have four (4) hours to remove said items. (b) Upon denial or revocation, the director shall give notice of such action to the applicant or the permittee in writing stating the action which has been taken and the reason thereof. If the action of the director is based on subsection (02) or (3) of this section, the action shall be effective upon giving such notice to permittee. Otherwise, such notice shall become effective within ten (10) days unless appealed to the city commission. (Ord. No. 9848, § 1, 6.14-84; Ord. No. 10693, 4 1, 1-11-90) Sec. 54.118. Appeals. (a) Appeals shall be initiated within ten (10) days of a permit denial or revocation by filing a written notice of appeal with the city manager, and a copy of same delivered the same day to the director. Any revocation effective immediately may also be appealed to the city commission by such filing within ten (10) days. (b) The city manager shall place the appeal on the first non -planning and zoning city commis- sion agenda for which proper notice can be given and shall notify the director of public works thereof. At the hearing upon appeal, the city com- mission shall hear and determine the appeal, and the decision of the city commission shall be final and effective immediately. . (c) The filing of a notice of appeal by a per- mittee shall not stay an order by the director to remove a sidewalk cafe or parts thereof. Vestiges of the sidewalk cafe shall be removed immedi. ately, as set out in section 54.117, pending dispo- sitiomvf the appeal and Raab decision of the city commission. (d) A pert which has been suspended or re- voked purvaMd to section 54117(1), (2) or (4) may be reinstateft the director of the department of public works at such time as the permittee has demonstrated that the violation has been cor- rected to the satisfaction of the department of public works. (e) A new permit shall not be issued or an ex- isting permit shall not be reinstated for a min- imum period of six (6) months after said issuance or reinstatement has been denied by the director Supp. No. 36 4 54.131 of public works, or in the event of an appeal, by the city commission. (Ord. No. 9848, § 1, 6.14-84; Ord, No. 10693, § 1, 1-11-90) ,Secs. 54-119--54-130. Reserved. ARTICLE 'VII. NEWSRACKS IN PUBLIC RIGHTS -OF -WAY' See. 54-131. Statement of purpose. The city commission hereby finds and declares: (1) The uncontrolled placement of newsracks in the public rights -of -way threatens the city's aesthetic values and presents an in- convenience and danger to the safety and welfare of persons using such rights -of -way, including pedestrians, persons entering and leaving vehicles and buildings, and persons performing e,saaatial utility, traffic control and emergency services. (2) Newxracks so located as to cause an incon- venience or danger to persons using public rights -of --way, and unsightly newsracks lo- cated therein, constitute a public nuisance. (3) The general welfare requires that the aes- thetics of public right&4 way, including the appearance of newsracks on public rights- oic way, be improved. (4) The provisions and prohibitions contained in this article are for the purpose of secur- ing and promoting the public safety and general welfare of persona in the city in their use of public rights -of -way. (5) It is a mutter of public necessity that the city protect citizen and others on its pub- lic streets, sidewalk&, and other public rights - of -way from improperly maintained and placed newsracks. (6) The Florida law governing municipal im- munity from suit for damages or injuries to •Dot's este—{hd. No. 100". adapted Sept. 26, INS. dieted that its provisions be included in the Coda. At the disastion of the editor, this material has been coddW ea Art. VU hered The ordinance carries an eRective date of Jan. 1. 1980, with a 304ay V - c period for compliance. 3t356.1 93- 40 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO Joseph W. McManus PATE Administrator, Coconut Grove NET SUBJECT FROM REFERENCES gaomes J. Kay Assistant Director of Public Works ENCLOSURES September 8, 1992 FILE Cafe Sci-Sci Sidewalk Cafe Please note that I have been advised by the City of 'Miami Law Department to cease any code enforcement action against Cafe Sci- Sci in the Grove located at 3043 Grand Avenue, regarding its sidewalk cafe activities. The matter is now in litigation and the City has been made a part of the suit. Please instruct Bryan Harms, Public Works inspector; to delay any action against Cafe Sci-Sci in the Grove until this matter is resolved in the courts. JJK:mw cc: Waldemar Lee, Acting Director Joel Maxwell, Assistant City Attorney 93- 40 KAUFMAN MxT-LER DICKSTEIN & GRUNSPAN P.A. ATTORNEYS AT LAW SOUTWEASY rINANCIAI. CENTED, SUITE.950 200 SOU'rw VSCATNE 9OULEVAkO MIAMI. FLORIDA 33101 September 2, 1992 TELen-oNE (305) 372 3200 rELCrAX (305) 374 3200 Mr. Waldemar E. Lee Mr. Cesar H. odio Acting Director City Manager Department of Public. Works City of Miami 275 N.W. 2nd Street 275 K.W. 2nd Street Miami, Florida 33128 5th Floor Miami, Florida 33128 Re: APPEAL UNDER MIAMI CODE SECTION 54-118(A) OF AUGUST 24, 1992 DENIAL OF SIDEWALK CAFE PERMIT FOR SPAN IMMEDIATELY ADJACENT TO CAFE SCI SCI LEASEHOLD. Gentlemen: The undersigned represents Elena's Italian Restaurant, Inc. d/b/a Cafe Sci Sci ("Cafe Sci Sci"). This is a formal written appeal under Miami Code Section 54-118(a) of the City of Miami's denial of the sidewalk cafe permit to Cafe Sci Sci for the sidewalk space immediately adjacent to Cafe Sci Sci's leasehold. Notice of the denial of the aforesaid sidewalk cafe permit was hand delivered to counsel for Cafe Sci Sci on August 24, 1992. Also on that date the City returned Cafe Sci Sci's check number 4777 in the amount of $10, 600.00 which had been tendered as a sidewalk cafe permit fee for both the sidewalk space immediately in front of Cafe Sci Sci's leasehold and the sidewalk space adjacent to Cafe Sci Sei's leasehold. The August 240 1992 Director's Notice of Violation and returned check are attached hereto for ease of reference. This is an appeal of the City's denial of a sidewalk cafe permit for the sidewalk space immediately adjacent to Cafe Sci Sci's leasehold. The City has not denied a sidewalk cafe permit for the sidewalk space immediately in front of Cafe Sci Sci. Please place this appeal on the Commission agenda in accordance with Miami Code Section 54.116(b). CAFE SCI SCI has operated a restaurant and sidewalk cafe at 3043 Grand Avenue, Coconut Grove, Miami, Florida for the last five (5) years. In 1987 CAFE SCI SCI applied for and received a sidewalk cafe permit in compliance with Miami Code Article VI, Sections 54-108 through 54-118 ("the Code"). CAFE SCI SCI's sidewalk cafe is located both on the sidewalk in front of the premises leased by CAFE SCI SCI and on the sidewalk in front of the adjacent leased premises. 93- 40 4 K..AUFmAx MILLER DICKSTEIN & GRiJNSPAN P.A. ATTOAy EYS AT LAW SCUTatAST 1'INANCIAL CVITER►, SUITE 415SO 200 SOUT.c WSCAYNt 00ULEYAP0 MLAMY. FLORIDA 331t11 September 2, 1992 TtLto-ONx (305) 372 5200 Tttt.'AX (305) 374 3200 Mr. Waldemar E. Lee Mr. Cesar H. Odio Acting Director City Manager Department of Public Works City of Miami 275 N.W. 2nd Street 275 K.W. 2nd Street Miami, Florida 33128 5th Floor Miami, Florida 33128 Re: ,APPEAL UNDER ICEAKI CODE SECTION 54-118 (A) OF AUGUST 24, 1992 DENIAL OF SID8IIALX CAFE PERMIT FOR SPACE IMDIATELY ADJACENT TO CAFE SCI SCI LEASEHOLD. Gentlemen: The undersigned represents Elena's Italian Restaurant, Inc. d/b/a Cafe Sci Sci ("Cafe Sci Sci") . This is a formal written appeal under Miami Code Section 54-118(a) of the City of Miami's denial of the sidewalk cafe permit to Cafe Sci Sci for the sidewalk space immediately adjacent to Cafe Sci Sci's leasehold. Notice of the denial of the aforesaid sidewalk cafe permit was hand delivered to counsel for Cafe Sci Sci on August 24, 1992. Also on that date the City returned Cafe Sci Sci's check number 4777 in the amount of $10, 600.00 which had been tendered as a sidewalk cafe permit fee for both the sidewalk space immediately in front of Cafe Sci Sci's _ leasehold and they sidewalk space adjacent to Cafe Sci Sci's leasehold. The August 24, 1992 Director's Notice of 'Violation and returned chock are attached hersto for ease of reference. This is an appeal of the City's denial of a sidewalk cafe permit for the sidewalk space immediately adjacent to Cafe Sci Sci's leasehold. The City has not denied a sidewalk cafe permit for the sidewalk space immediately in front of Cafe Sci Sci. Please place this appeal on the Commission agenda in accordance with Miami Cod* Section 54.118(b). CAFE SCI SCI has operated a restaurant and sidewalk cafe at 3043 Grand Avenue, Coconut Grove, Miami, Florida for the last five (5) years. In 1987 CAFE SCI SCI applied for and received a sidewalk cafe permit in compliance with Miami Cods Article VI, Sections 54-108 through 54-118 ("the Code"). CAFE SCI SCI's sidewalk cafe is located both on the sidewalk in front of the premises leased by CAFE SCI SCI and on the sidewalk in front of the adjacent leased premises. 93- 40 Ll Mr. Waldemar E. Lee Acting Director Department of public Works Mr. Cesar odic City Manager City of Miami September 2, 1992 Page 2 [1 Section 54-112 (a) (4) of the Code requires that a scale drawing be submitted along with the initial application for a sidewalk cafe permit. Section 54-114(1) provides that in its review of the scale drawing, the City must follow certain standards and criteria including limiting the sidewalk cafe to the sidewalk frontage of the licensed restaurant. Section 54-114(1) also provides that in its review of the drawing in support of the initial permit application, the sidewalk cafe may also be located within the contiguous sidewalk frontage of the building whore the restaurant is located "provided that written approval is supplied, by the building owner and any affected lessee." Section 54-114. In 1956 CAFE SCI SCI provided a scale drawing along with its initial application in compliance with the Miami code, and because the sidewalk cafe was also to occupy space within the contiguous sidewalk frontage of the building and occupy apace in front of an adjacent leased premises, CAFE SCI SCI provided the city of Miami with a written approval by the building owner. Exhibit "A" to Plaintiff's Complaint. Section 54-111 provides that the annual permit fee for establishing or maintaining a sidewalk cafe will be due and payable for all subsequent years of operation at such location. Section 54-116 spells out the conditions contained in each sidewalk cafe permit. Section 54-116(1) provides that a condition contained in each permit is that each permit shall be effective for one year subject to annual renewal. In the five (5) years since CAFE SCI SCI was issued a permit for the operation of a sidewalk cafe at 3043 Grand Avenue, Coconut Grove, the permit has been reneged every year simply by payment of 1 The Miami Code in existence at the time of the initial issuance of a sidewalk cafe permit to Plaintiff did not require written approval of the affected lessee, merely the approval of the building owner. Nonetheless, as the Code changed, CAFE SCI SCI obtained the written consent.of the adjacent tenant. 93- 40 E. Mr. Waldemar E. Lee Acting Director Department of Public Works Mr. Cesar Odio City Manager City of Miami September 2, 1992 Page 3 the permit fee required by Section 54-111. Neither the Coda nor the City of Miami in carrying out the code's provisions has ever required CAFE SCI SCI to go through the application process all over again each and every year in order to have the permit renewed. Simple payment of the permit fee annually was all that was required to renew CAFE SCI SCI's sidewalk cafe permit. CAFE SCI SCI has timely tendered the annual fee to the CITY OF MIAMI for 1992. In 1991 CAFE SCI SCI got a now landlord. The new landlord has notified the city that it has withdrawn its consent to CAFE SCI SCI's use of the sidewalk in front of the leased premises adjacent to CAFE SCI SCI as a sidewalk cafe. Officials of the Defendant, CITY OF MIAMI, have notified CAPE SCI SCI that henceforth the CITY OF MIAMI will require CAFE SCI SCI to undergo the entire application process on an annual basis in order to have its sidewalk cafe permit renewed. City officials have advised that the new requirement of a re -application each year for renewal of the permit is in addition to payment of the permit fee. Officials of the CITY OF MIAMI have also indicated that because CAFE SCI SCI must now go through the application process anew, a now landlord's consent is required for the use of the space in front of the adjacent leased premises. As the new landlord has withdrawn its consent, the City has denied a renewal of CAFE SCI SCI's sidewalk cafe permit as it relates to the spmc* in front of the adjacent leased premises. Section 54-117 specifically delineates the circumstances under which the City may deny, revoke or suspend a sidewalk cafe permit: (a) The director may deny, revoke, or suspend a permit for any sidewalk cafe authorized in the city if it is found that: (1) Any necessary business or health permit has been suspended, revoked, or cancelled. (2) The permittee does -not have insurance which is correct and effective in the minimum amount described in section 54-115. 93- 40 Ll Mr. Waldemar E. lee Aotinq Director Department of Public Works Mr. Cesar ©dio City Manager City of Miami September 2, 1992 Page 4 M (3) Changing conditions of pedestrian or vehicular traffic cause congestion necessitating removal of sidewalk cafe. Such decision shall be based upon findings of director that the minimum six-foot pedestrian path is insufficient under existing circumstances and represents a danger to the health, safety, or general welfare of pedestrians or vehicular traffic. (4) The permittee has failed to correct violations of this article or conditions of his permit within three (3) days of receipt of the director's notice of same delivered in writing to the premises. (5) The permittes has failed to take positive actions to prohibit violations from reoccurring. (6) The psrmittee has failed to make modificatioa,s within three (3) days of receipt of the director's notice of same delivered in writing to the permittee. (7) Tables, chairs and other vestiges of said sidewalk cafe may be removed by the department of public works, and a reasonable fee charged for labor, transportation, and storage, should the psrsittee fail to remove said items within thirty-six (36) hours of receipt of the director's final notice to do so for any reason provided for under this article. If the action is taken based on subsection (a)(2) or (3) of this section, the action shall become effective upon the receipt of such notice and the pernittee shall have four (4) hours to -remove said items. 93- 40 0 Mr. Waldemar E. L*e Acting Director Department of Public Works Mr. Cesar Odio City Manager City of Miami September 2, 1992 Page 5 a (b) Upon denial or revocation, the director shall gave notice of such a%tion to the applicant or the permittee in writing stating the action which has been taken and the reason thereof. In the action of the director is based on subsection (a)(2) or (3) of this section, the action shall be effective upon giving such notice to permittee. Otherwise, such notice shall become effective within ten (10) days unless appealed to the city commission. (Ord. No. 9848, 1 1, 6-14-84P Ord. No. 10693, f 1, 1-11-90). None of the circumstances provided in Section 54-117 above allow the CITY OF MIAMI to deny, revoke or suspend CAFE SCI SCI sidewalk cafe permit. A plain reading of the relevant Sections of the Miami code reveal that CAFE SCI SCI is not required to reapply for a permit every year in order to have its sidewalk cafe permit renewed. This has never been the practice of the CITY OF MIAMI with regard to CAFE SCI SCI or any other sidewalk cafe located in the CITY OF MIAMI. The CITY OF MIAMI may not now insert additional terms and condition into the subject ordinance in order to deny CAFE SCI SCI its permit for the space in front of the adjacent leased premises. Rinker Materials Core. vs, Cry 2f North Miami, 286 So.2d 552, 553 (Fla. 1973); M:andelstam vs. City Commission of the City of South MiaMil 539 So.2d 1139, 1140 (FIa. 3rd DCA 1988). Municipal ordinances are subject to the same rules of construction as are state statutes. The language of municipal ordinances must be given their ordinary, plain, and obvious meaning. $ink,*g at 553. Here the language of the relevant Miami Code Sections is plain and unambiguous. written approval by the building owner is required only in support of the drawing to be filed along with the InitiAl application for permit. Nowhere in the Miami Coda is there any requirement that a new application be filed for the annual renewal of a previously issued sidewalk cafe permit. Neither is there anything in the plain language of the statute which gives the CITY OF MIAMI the power to deny the renewal, revoke or suspend CAFE SCI SCI's permit because a 93- 40 L ] Mr. Waldemar E. Lee Acting Director Department of Public Works Mr. Cesar Odio City Manager City of Miami September Z, 1992 Page 6 E, I subsequent building owner withdraws its approval. The requirement for renewal of a previously issued sidewalk cafe permit is the payment of the permit fee. Courts and other governmental bodies are prohibited from inserting words or phrases into a municipal ordinance to express intentions that do not appear on the face of the ordinance. Mandelstam at 1140 (citing Rinker). It is therefore prohibited for the CITY OF MIAMI to add additional requirements for the renewal of a sidewalk cafe permit which do not appear in the plain and unambiguous language of the relevant Miami Code Sections. Nonetheless, this 'is precisely what the Defendant is doing in adding the new requirement of an annual renewal of Plaintiff's permit. For all the reasons set forth above Elena's Italian Restaurant, Inc. d/b/a Cafe Sci Sci appeals the decision by the Director of the Department of Public Works for the City of Miami to deny a sidewalk cafe permit for the sidewalk space immediately adjacent to Cafe Sci Sci's leasehold. Cafe Sci Sci respectfully requests that the Department of Public Works be directed to issue a sidewalk cafe permit for the adjoelIA' sidewalk space forthwith. ly DATZD- JAMS For the firm DJS/nc Enclosure 93- 40 Lill oil ki.11 I_I. , ,iMII II11 _I_ 16 lia ,l Iid.i [h l...IJ M t ' 'v'rz:'-sir .::werr. ••:� +�.�r. -_:• w�war :rwwn�+ •s:^sw�s:•sr�-ir�ers�sr�-ss'��s is"s���•:s: v�►.'as-+�� CAFE SC1 SC1 4777 3W3 DRAW AVENUE COCO fT GROVE. FL 33133� (� PAY 0 / _ _ TO ' �� A V1�14L77r�7 -- 6LLARs �C goo" omm 3S10 "On "WMMY. "We Ill 33133 amp 40.5mo FOR 001.7 7 7+111l 111.06 70084 LIX M06fl0 1 1111111111111 11 11I11 1111 11 11 " III III : r III II.I J, lj ' l �I, ��LI I� I. 11 11 , � , Illy I.- _I I, II l jjI, � , fljllj l ;l.i,l 1 tritv of Niamo i LEIS A. PRIETO-PORTAR, PH.O., P.E. Director June 22, 1992 CESAR k, 00)0 City tiai+ager e19,11 gal; =PWL Elena Italian Restaurant D/B/A Cafe SCI SCI�'� Attn: Giovanni Tumoli110 3043 Grand Avenue tv _ Miami, FL 33133 Ay{�,�H4y { �- C?%rj sti Sc; — RE: DIRECTOR'S NOTICE OF VIOLATION — Dear Mr. Tumolillo: Enclosed please find your check #4777 for $10,60 and a copy of a letter from Constructa Properties, Inc. which represents the _= lessor, Grand Oak Limited Partnership. According to Section 54-114 (1) of the Code of the City of Miami, the sidewalk cafe is restricted to the sidewalk frontage cf the licensed restaurant or within the contiguous sidewalk frontage of the building provided that written approval is supplied by the building owner and any affected tenants. Therefore, by this notice we are ordering you, within three (3) days of receipt, to supply the Department of Public Works with written approval from the building owner for the portion of the sidewalk not contiguous with your leasehold. Failure to comply with this notice will result in further action by this Department. If you have any questions please contact Mario Pons of Tny staff at 579-6874. Sincerely, Waldemar E. Lee Acting Director MP: a z LL of C+ i anti cc: Joel Maxwell, Law Department 93- 40 BRYAN 0. HARMS Code Enforcement DEPARTMENT OF PUBLIC WORKS DEPARTMENT OF PUBLIC WORKS/27S N.W. Ind Street/Mi "C�lRQ>'tron 01v,s+on 273 N. W. 2nd St✓Miarnr, FL 3312Ei1765i 579-41174 ' I iL �� Il ilk Ali I �i�il� it w 6 �M•�M �.:.411ri1Rir.iYilr .'ii � •P�'.�:.ii�•.�'].• �•i1'..�M:�J..���: aiLY��•N`.07.i '.Mr1._M/ll�_..i��V= 4777 CAF9 o CI 50 3M GPAM AtlFM AE COCOMT STROVE. FL 33133 qol �=m-'06 OROER OF - --- -- --- -- — --_--- �• -- -- OLLA R s @0GaP BAW 3614610aiho1 V.MMILFl339M / q®6! aw•sxe `� Fon r0047??r E:06?0084 i4�: r0600 3486w •.�1i�S�s..*4i�Yr�.1�:��:J��!?:�Y�?=J�:l� ,RrSiM�tl�"-"FRS=�=•�,!r���-�•r_q�l�K'!�+5�� (4ite of 'Iiniai BRYAN 0. IiARMS Code Eakm cement • ?: • : DEPARTMENT OF PUBLIC WORKS i Conmuction DWkion 27S H-W- Zinc! SIJM"M. It 33IM/1305) SM-W4 � t i -r ., 0 �,�_����. ,��., ��:•�_.���� .,.,.,i,.I�.t�,r�.��, �°.��"ij.i� �����. ��i� �'S)�I��I 1 ���''�I'I`��-i�-'��"'I! �' ' ���'� II' ��,.,�"ihl 1���� ' �' I�r���u I jP � I' �'�I � �� p���+l���l�� � � ����lP �� � �� �i�ll� ��I �� � �I�� �� �il � l� ��h �� I �� �� i -cLs704 • V0 April 20, 1992 Mr. Jaaaes J. Kay, P.E. Assistant Director Department Of Public Works City Of Miami 275 N.W 2nd Street Miami, FL 33128 Re: Sidewalk Cafe at 3043 Grand Avenue Dear Mr. Kay: We represent Grand Oak Limited Partnership, owner of the property located i Mi i Grand Oak urchased the property _ at 3043 and 3059 Grand Avenue n am p on January 6, 1992. In the past, the Department of Public Works has granted permits to Elena's Italian Restaurant, d/b/a Cafe Sci-Sci, to have outside tables and chairs - on the sidewalk both: (1) in front of their leased space; and, (2) - Q— adjacent to their space in front of the rest of the building. s= The previous Landlord consented to the request made by Cafe Sci-Sci, as = required in section 54-114 of the City of Miami code. We hereby withdraw — the Landlord's consent to Cafe Sci Sci's tables and chairs which are not immediately in front of their leased space. These tables make access to the main entrance of the building very confusing, +end block the building's signage. 3043 Grand Avenue has office and retail space in addition the to restaurant, and this situation impairs our ability to lease the remainder of the space in the building. We would also like to request that the planters located on the sidewalk around the subject tables be removed for - the same reasons. We understand that the current permit expires on Hay 31st, 1992, and therefore. request that you enforce the new condition as soon as the _- existing permit expires. Si erely, Jay-�iller r JM/iv CC: Kario Pons s Giovanni Tummolillo - Gerry biondo Z6c_ sCt - 3AvSP0AE OR' _ _ _ .. _ ' _ . - - .. _ =53 'i' -•• . E .. _ - - 93- 40 Y � August 31, 1992 �a Mr. Waldemar E. Lee Acting Director Department of Public Works 275 N.W. 2nd Street Miami, Florida 33128 Re: SIDEWALK CAPS PERMIT "A CAFE ELEMA-18 ITALIAN RESTAURANT D/B/A CAPE SCI SCI 3043 GRAND AVENUE, COCONUT GROVE, PL 33133 Dear Mr. Lee: Enclosed is a check in the amount of $3,090.00 representing payment of Cafe Sci Sci's sidewalk cafe permit fee for the space contiguous with the Cafe Sci Sci leasehold. Cafe Sci Sci has previously tendered this amount on a timely basis plus additional monies for the sidewalk cafe permit fee for the sidewalk space immediately adjacent to the Cafe Sci Sci leasehold. By your letter of June 22, 1992 (hand delivered on August 240 1992), your office returned my check $4777 in the amount of $10, 600. 00, failing and/or refusing to issue a permit for the space adjacent to Cafe Sci Sci. Given the City of Miami's refusal to issue a permit for the adjacent sidewalk space, the enclosed check is hereby tendered for the purpose of keeping current Cafe Sci Sci's permit fee for the space immediately in front of its leasehold. In so doing, Cafe Sci Sci reserves and does not waive any right or interest it may have in a sidewalk cafe permit for the sidewalk space immediately adjacent to the Cafe Sci Sci leasehold. Cafe Sci Sci continues to tender the application and fee for the sidewalk cafe space adjacent to its leasehold, and to assert that the City is required to issue a sidewalk cafe permit for such adjacent space in accordance and full compliance with the City of Miami Code, the past practices and course of dealings between the City of Miami and Cafe Sci Sci, and the common and accepted practice regarding the issuance of sidewalk cafe permits in the City of Miami. By reason of the City's failure and/or refusal to 93- 40 INS Mr. Waldemar E. Lee Page Two Auqu6t 310 1992 so issue the permit, Cate Sci Sci fully intends to take whatever steps are necessary to secure such rights. Very truly yours, CAFE ELENA'S ITALIAN RESTAURANT D/B/A CAFE SCT CI VANNI LILLO, PRESIDENT ENC. 93-- 40 Cot scl S 3043 GRAND A*VE s i g s COCONUT GAOVIJ. FL 33133 Hlllc� 1 19 PAY 4 onorp of' In -LLAP 3JIS Mmm 14"V. Mimi. Ft. W33 43M) 646-NN FOR 0 V Pt--'L M5E SM Q 0 Z Illoosl9sue 1:06 7001316 1161: 114063000 '3486"s A a 40 93 o$ L3 92 t2:28 e3o3 a '579 COSSTRCCTA 001 CONSTRUC'TA PROPERTIES, INC. 2665 S. Bayshore Drive, Suite 302 Coconut Grove, FL 33133 (305) 958-7749, Fax (305) 859.7579 FACSIMILE COMER SKEET COPIES: — Original will be mailed. This transmission includes Crpaps, including this cover page. 4 01 / .�r , 1 .,� ��� l • •LAU ter© r lj , 0 BUSINE'SS PROPLAAPY LEASE 114, TIfIS LCAyr, esotuteLl this cedar at _ AM, 08 IM aeexrti&n ._.JANI�R CORPOM ION, a 3 ilrida COYpOta qoA !, the W21104, and F7,�;H� i �,. T'fAf ��u R6iaTA1lBW 1%, ..,. ,,..._ the iZ4Rtt: WtT%C15CRN: 1110 Loss"", iw .ma in vanvidvratton of ere Pont herein Pe*41Ved to be told by the Larsoe. and in tons Ideratlonef the covenants herein to tM kept And parfenneo by the lasts*, dells horeby lease and deirt►se unto the said lotto* the fall*wing deetrlbad PPent/es. tltuated. lying and being in the Cley et M AMi 0ounty of Dedfit state of rfarida: SUITU "A" , "RD" , 204 304.E Grand Avenue Coconut: Grove, rlorida, 33133 TO 11 AvC AN 0 TO fi0Lb the sold premise* unto the Said tootle, Irate the _*(, * -day of A.D. 198, j_, to And Ineludino the 3,j1i ,day of 21 =Cr,. A.D. 18jj_, the Lee** Vistdtnp and paytttd to the tossor the foilawlM rental: The antics rental lot this per10d to be Entlyt MIND �N� TWA TliA� c�rat� MOT.r�3 Dollars (s_AA2' QG - All 1. arable PE.to alaiwo. ICASI.B TAXltS $6,700.00 plus lawful taxes per month for the entire term of this lease. FAYASLE TO THE J The Lesson ayraas 110 keep. conform to and obMis by each and every at the tadltn,lng which are hereby "a notedltlena 01 tilts 1*44e. t . To pay the Pont hera(n reserved tot the times and In tn" manner s(orasald, and shoWd said rant berotn pro. video 41 any ttias remain due and unpaid for a erase of S d&ys after some shall baseless ere, LU Lottaor may, at lassars option, consider the fefisaeo a tenant at tullwam» W lessor *say litessdtatoly reenter tapper said pnnitses ono the entire rant for the ranatndor of the eQtlra tent snail ai on" taestee 04 and p*yatUo aced say lortttwith be collected by disttrets or ptharwlss. !./ a par eSBO46 chary*• tat gal,w�titi�eriF��i�tilpliilniae�'�o:Ur,•tird her wur vase open am In Doer nectlon tvilh the saw dowlsed premises eats '!1'111 n10Tdlye-fitter the Aaaav-abed be coma due and payable. 1. Thar sired LaSs*e way ear assign LteeM'a tntOMBI to thfa Isast. new end aflat the whole or any tart of aa14 praSttse$, nut *hilt the saws be used lot any ether ►+rpose chain 2td1 i anCal rant witt"t first hdving obtained the written consent to Such asslMsi lit err uRoerletttff. a Is sbeh change of purtrioaq tot the use of tie premises, lean the lassor, and the said Wean (unMe eovanants that the aela'rerolsos wIU not be uses In( any purpafie that will invalle ata any polieles of lasuranae now ar hereelter wrluen on tag bultdtho as evoke field premises are located, at will increase the Pate of PMMIUM thet"I. 4. To wbe said premises to ,. ow new air hereinafter isaltoalila: also to an". CIAO all raeranSWO sere to the use efhatit. stain, t*reldors, %*flats aid other liaturos sad pang W said tirtilusae use* :A eo"on with other tenaats is *,Yid building watch mity be necessary isr tag preaerwetios 01 " dre"rty jµ ataiort of the ether tanratt. i s. Not to permit or suffer any Mae. distwooACa tor AvIsAnce wh ttsoover a$i said proof&" dotrimantsl to *aloe or annoririy to eta nviphbers, and the Letfias aeknowladgse thAt the premises have barn rKalved in totsrs"lily coop order, terwoldhle condition and repair. a( which the swetution of IN& lease. Acid taking poss4selam theraWNler shall no conclusive *vtoenca: and that ` wpessew.&Uo" as to the condition of said premises have been !Rafe by the t• isor, or Lester•$ age.,ts, uAd that N UCn as to the ropairinfl. adding to. or iawavlag &Aid preeitsea hat been at- svenad sty th* Lasaor, and r erAnyaO$nq have been eAatted into to sontidardUon el making that tease sad that isle Ives. wntain> �f,et ute coligatlM at both NRael karat*, 6. Lessv r-r;j ,' 7nsibls fcox waste C-Olbeetion and to provide for fatal: ogle- ot.vaft:(r. Vhi,ch are aeceptabls to Leeaor. t, ,.s nil 13 8: 12 3n Viol 1 -.5-a :n� t Q'_ 05 2 Ili IT 1&305 359 9490 111. ALD BIOND •-e CO+STRLC7.i ;I 7. PI...i it., tn::f:,,•r ,vier Avhn�l•I #1Mrvt�,:#�1 thr.lislas }tltt(t egfifiillion rd flea tim" herein YHCrlttae the tntarler tit e.•,kl �evn,t•,,r,i t+,irrili:fip'; ::ifri fit•d•jiel4'-thltii!�Ytl`1'+ii/lud►n•1 ftintti�fRerUttrare 414 WIVWerit. and oVnlnae: if any. (whltb .till) „tvntntts, :I nrW . Ifur IrletN ahvll not he calllt•f UMA Is IYMsah Or ropiatib durinG Iha Fors et ins Iatsw nlNf will Rnvd III% g. nnC In yri1M1, aUUfhi, Cbi„ fit CUMIIttOa Arid ruj.afr, erdtnaty year AM fear, fire, Mtrnfaant or athfr eci ,:f Cnef .etunu ,•1wt,food. ""i will nu: auftor ur ttefenll ,env strip Or waste of eemlow promises. unit that thG eats Lusaaa shall ,v1110fi tuft dairy .Ifler Mtry end nl:evpanCV of dais ffrbrsttes Case to /G be ttgltttA li I lutanre In .+ ton+ dnif tp fin eftp►Gvad try the (a tisar. Interrint) ,fit of into elate ole n ISG , wnlett Ra/t! fAi itiy wll! ,n;,tf .,n vii, u lea talsout as IN party to rrlem all f►aymonis that may aearua (?elm tall) ilollty M Ins(iranl:n •%half fie PAY-fbly „ w should thr lessga roll and CM11 to esufa said POW of InstKanee to bit wrlllern, .,far shGuld thv Usovur watvu Lesverf Bello" tO r.Irre,rl sell) tease ter Wsadh of this !!venter, then, and In that event, said leaves !hall US teepe"dihlO for any Weakest that Wray Occur It" any cause whatlOo"? to the plate puss winduwt, and agrees to roylaeu tied dame At Lessaa't oast. 11 the 1.tSate dentros to fuenlah arnllnta, he andll (trot Obtain the written approval at the Loolor ad to style, Color And q'aolltp of sraterlal, 8. Net to elude• Itny ailaratlnnt ar talalellas In the domieed ff4mlSON without the tim"an convent of the Wear, %fie 411 Addlrlons, fistural, ar Im{+mvrmentr, rlsrept only et" and Gillet furniture and fixtures wNch shall be readily removable witneut injury to live W*Mlsef, shalt be and ranalel a part Of chi Itemises at tl+o expiration et Nts Islas, 9 . That the 1,.eaYa, fir tunneer A „11tint, Idny At It" MAOSPeble lima enter and vier. aA1Q pramfeee. And make repairs. It lister, Should liege let ,hr fro, 10. Th,il If the lansdo ib,Ill +Int they lha ntnit Iferain resocwaq 61 the tlfnin find In the inahnar stated, at shall fall to keso anti parfOfN ,1"y othur cendiLiare, stipulation at apressesell harem Contains, On the hart of the twase s tea is test and parlGrl"res. Gr tl life: hies!! %hell sulker to be flldd avnlnst Lesee a An Involuntary pattltan to bonkrupfey fir shalt be adiudved voluntary tit Involuntary blenkrulll fir mobs an 4e/19"au'lltt (or the tensile Of aradltWg. or should thars be ag- polnted % ndtnivar to seeker eharla of its* preatflrt efthsr In tke stale taunts. or In the rederal courts, that%. In say at such avetFis, the Laatur may. a( Lotsor'e option, teAeftnate and end this leaf• and fro-entar upon the ptoV". whers- kitten she tare, harahy granted, ahfl At the La'ssur's option all right, title and /hteraal under It, •hall Slid and Iron Loss" bseoms if tanont et aufforanM: or else said Lessor may, at Lalsers opuen, elect to declare the entire rent for I%%ef fence of teed loort, or any part thereof, dust a"d payable forthwith, and mar proceed to eolleat lbe same by diertols or eoterwlae. aid thereupon said form shall esnhlrla►e. at the option of the Lessor, or also the said Langer may take poaaoaolon a( the premises and rant site sums lot their account of the Leases, the Gsercims of any of which options herein eontaulad Abell not be staoatnd the exelueive 14saor's remedy: the aifpresslon 'antwo tent for the balance of the tftrnr' as good hototn, shall mean all of ono rent prostalbod to kill, ,sold: by. the.Ullt" aeWllo.LiitiW,IW tfr.(911 tiM Of the lease. liens, fessisvar, soy payments filet shall have been meta7iA:i�4'7 lllr�p�et�nl;f�;thr~�tiini 'M'i�[�4tteil:. . 11. shot the Lasrvi, yladges with mvl AgsilfllLU M *A leader all the (ltMIt/WM asall ihitutsl, goods and atattills of the satel Ldadau, which may b%i brilliant at out on maid ptavolles. as security lea the payneent of the rent %Wain reservell, and vileness that the Leeaor's Stem few the palintent Of sold font may No fNorlrod by distillate, fore iloewe or othbrwlvel, .fit the upt:en at live said Lollar, anel Latest Agresl that tYeh lion in •ranted to tea Lesslear into Wanted In gold Lefton, and the L"Sg&e lurther .Wades %hilt, In Calls Of the failure of the Bald lesalGe to slay fine rent dentin rawrvifd when ehr fomU andjl hseano dva, and it becoming; nefesoary for the Leader to Gelloct sold rent by suit or through an attnrraty, site Lt:asels will pay the Lassar a resseatabte attarney's toe not to eneead 10% of the loattet all collected at ltrutat due. toyatheir with all costs anif cMrgsl Ihisreaf. 12. -rt,al voo, II„• I,e •, 1•r M.//le•e+ ley flat Ia;s L,r.t Ill .ill time uttevenanls strut .Mee sfMe"ls hhralnsle0VG set forth. In ease %her IWNflsod (rYmlyUM, Id "toot port ��� alefoll /■daglleestd-weowhmmoo" aw ferno'sr 0disof•eaeroMs as to be until (ur dot uwenvy of era ley tits wire . than end Sri %A.t evens, lM to q Itflk tsaae. (1) to repel l iltd Ebijt��+ atfek resat tlf� area• ficWj ra • K t atf 011d, lM1 t�f. ACCotrllre1) 16,11W 'ram"m"itte aurbfsna%i. fmtlt son sold t+rapilots are rvtnataoed osCtfNMY anti use: •fill In the agent the Lseaor alGell to eoefCig# the Opuses to repair and rebuild, the sass• shell to done aid abloplatod rhhtn a reatvnauto Lime. 13. ilt•tl u,a lesssue sukas all flat, 1.1 ,Illy U.emmjo to Lassas's property that may occur by teoseeA of wow for the buratinft or lodkiny tit any filrsive lit wdvto fr•Itur {bout Hitd Wootton, ar from any 401 of nestlgartae of spy ae+tS"ant or Occupant" or site building, a of any Other (lemon. au 1". ,d hearrlaala. or other act e! God, or (Man MW cause fe%at- ssever. 14. that the Usage shall net attach any signs to tlmpmOLS %of #400 any ttettarlri4 on the puts glace tstnotoees. unless such sjpns, enel so& lettering. be of A type, klnd. Charaetaf Ahd deserlpttoel to be approved by dial 104SOAn see the inwitats of having a uniform syetato el lettarlra aria Cooley alms en Ali of ton stores (n the building M wNch the desisted promises are is pan. 15. if the Salo Waste shall occupy said prCedself with or without the content of the Lalssor after the expiration of t this Lsase, atxl time tent it accepted from salil Lessaa. such occupancy and payment shall be Construed a■ as extanalnn of this lease ter the are of and Month only frail► the Oats of Gush saptretlsn; am oasvpatlon thereafter shot{ owistt to Gilliland the loses Iron !month to neAth only unless OUW iarws d such SeYnitltn are GrAidlived herein Or hersen in atrlu►ta dlWl signed by the partiee hersw. " 16. riet Lvsaeu alh,ll %stdomnlfir and tativ h,:rlsiaes ties Said Lessor Iron and aslalnel any and all clots, suits, actions. demayus, Gild/ur causes of action atlsine during the tarts of No tsaae hrany personal InIWY. loaf of life and/at OaMlhle to property suctdtnoll In or aa0ut the ladled premtsas, by raaatin W be w result of the (Lsdae'l oc- cupafiey Iheraof, and trusts Onto aSalnst any o►,lars. judgeynta, atWW dGerofa vhlah Moir be !Mated thaeen. and it" and against ail coals, eoulessl fees, expenses and Itar►lluss Incurred in and about the delSnga of arty Such da►.+s and Life inw:5110,11I1011 ttW4W: provsdust. however, That Were sold Less** shall becums llaele tot all of said costs, Counsat Iava. eateattSes and iI•IIINuful, 14s6ag shall Us vivo" M111CS In wrfilnst that the talon are about to be Ingueera+e and al,ail have the Dilators itself to a,dks the MCGolary Invesultallon and slspteir eOUAtel Of liased's own selection bat sttlslac1W to else Laster, far the dmcassary defense of arty claims. Prior to entry and Occupancy of said promises by Losses. teaday Shall emuse t the JAM insuring age:nat suult c ♦take and lulniahl"g rho defense and tni►altlNttaA thersat, which said policy aMtl namq,L(Allot de -In leisured Party nn%i dual( srovlde coverage of not less tftni Al@0,O00/iIItl4,44015O ,too: lessor elfall roaetwee a eoey of loW policy. end Lmesee shall pay all of the prewLitfl Aesegea%y to aocwlate paudir al+d�o® aaat"tain the Sons In Ian wasns hout the Sam of this laaaa. b 3 17. Provided that the Leasee, is not in brraCh*©f this lease, and has been in compliance with this lefaae throughout it's term. Lessee itsm" be pe rmi tted to %141 flis •" 4 - . ;�Q%S7RtC7! �OOJ 10i '.i-a 09 iJ 9: 12:J«o ltCAL.9 AL0"Rl ••• CONgTRCCTAOd4 O>! 1 12:14 15'J03 354 9400 _ �r 1e - it I•; nl lhrr nu,1>••1 .ices m .11:re.ha•I 11-1 111N fnesys ,tgfla:n Ill" this tov$e shell be odbloat and let at/Atnepll Me •rely nlWty,Nfr7 in lhttxl 1 GYelrww On,IgYtNIUea, riff 1114MA MIT h*Ielftor sat owde on aetlYnt silany prepanod Won W bq 0.Iew on :., 1.1 }mI1"Ih1 t:Kl•iY>;(I WN tilt ?,,It awllnit of .,II JQbI$ .e111 Oftorpes saevr*d thereby! and to any ►*nawelg .qai 11VInnaP.r, nl .J! „r .,fly 1«,It- Ihtsrl�d, whlah n.,ht t,nt•:1fi ��li�ahtstedltK .11 Illy time *tees to prove OR $etc Orarnlded. ., n.f .,1HI LULL'+n• •reel ui!f. s,trrtl 9r1411tunt Its is..rn,,l its., ram:u lc ..1-y Milne ,st I%-fwrs wt11Yh else oOVnYit ter Irte Lessor Posy JMYte, n1.,'l,rtl„Iy III .,1.00-11I11111 111.111•Ihl. ,NMI fit .1411.11r1t411 tit. iaraesu'a a• ltetl1q. t1h11 the Laoeer Is heresy *dipole red Its YnocvW sv�il thitl. t 'If Irapq fx IN lhY thlmll n1 thu larstca .Ind .1y tine set dlNl heed of told Leese* and this •YMbrtty Is ,Jeeldrud to In: I:vnplu•t sills .,n lnbrn: a .uvl Iluf rnaN:ably. 1 reNil vacate few yuirs to ealed by this last*. 1 19.At tits, ukpir.ltiotl of o.tltl tarin. q.11#1 IY6$YY shall quivily ,Ines poa*60111y dol(vsr sold prawlssa to the talow In the gemu rsyvlr v114 Condition ill wallah they were recelved. 401111141111, wear emir tear exclsptad. 20 . The Lear,?♦ llvrvby unven,lnlu w1111 it"-' L11l14,lu that, aeon the purloirM /nu• of the Lesase of all the Celldltlone herelnabov r smt retch on the call at lilts 61rsteu to tie kept ono parferm•d, t*ssaa may quietly have, hold, occupy And use die above Jrescill,ati promises without Itltet/vptlell by the irsser: twovide.f thac, u dew the broach nt arty Or the Bev ananis, C*Mltionn . dlal stiul+lau�trn` twlent ,Villelned to be kept end pertm"ed by the Lessee, the Lester they im- mootatsty wlthoutiullue cello witioutthe naueualcy of legal process rswnar deed prothiest, and. thoroupoit, at the Lessor's option, said lease shall (arthwith bit terminated and/or the Laaaer may exercise any of the options hsminbelar* PMvidod for the LasYW's benuflt in Cans of lligiouit on the earl of the Leaden. Z 1.1'he rossw iiwivrr cev9n.s its tries Lei °r�,'irt1 Y'e3p"tie*'-"i: PteF;el{tit 'ptillltttq tit whlell are situated this dentle•d prdletleos. In goad repair, &no the portion of butlJlttq Intended alas designated as the *starter Shan es - elude those partiunt heretnuslors edvettmitted and "t"It by the Lessees to be kept to rapalr, but the loess* shall it" to the Lessor seven (7) days iorlitan notlee of needed repairs. and the Lessor shall have • reaegaabis UNS thansftor to make them. 22 The terms Las sot •rid t.•sset es herein cents'nad shell Include sielguler anti/er plural. MOM Cut IM. faminin•. and/or neuter, hulrs. sutevsson, Woonal rolwasentitives APM/or asslqns wherever the contest so rsquttat or aSelts. this paragropli shill net tree construed oil consetit of the Lasser to the dfslenleant of Lessso•e Interest In this lease. Transfer of atere than ~kalf er the swistlindtnit sharer of sunk a( a Corporate Lemmas shall be demolmd art ettempoa etell"mom of it* Logged•s Interest In Ilea Ilene. 23-Thu fallura of the Laosor in one W more instances to (nsi$t upon strict perfermanae Of ebo*fvenes of ahp or more of the covenants ur candillons,h*rsof ex is *swats* arty remedy, privilege or option hersln eaMofled "an of reserved to the Closer, shall net *scroll or be eenstru*d ere o nilratrut$heant of waiver for the f hurt of •Yatb awoMnt of condlttat of of the right to entome the some or to eserelaa such prlvlleti•, option, or rspbdy, but the some shall continue in lull faro* still effect, no receipt W tit* Lessof of rent. or additional rent of any ethatf paytaght tlyulttl4 to be fil by the Lee:eo. or any p4M thereof, shall not be a balvof of any ether additlemal rent or pageant then due, nor shell such receipt. though with knowledge rIt the breach of any trogathalit W tondlttem hornet, oparats As or be loosed to bd a teslvgr Of such brseoh. and no trelv*r lay Ih• Lessor of any of the pmvtsians hafeltf, , or ally e4 the Lassor•'s rights. reinadtag. prlvilagas W opilong hereunder shall be deented to have basic Mega unless Blade by the 10411W is Inttthg. it the Lasser shall consent to the esslgn lions of this image at Is a stibloaathg of all at a start of tits dametoad yratltses. lie furthilf addlgrttegnt or subletting $hail tit• Deal• without the fention eenseat of the Iwsaer first oblalned. No etaffattder of the detained promises for the mmalyder of the term hefeef snail be valid wtloae;aecostOd tIy 1M loser th VItWeg- 24 a'o L+arau hu?Ywttlt rllpwllg w1t►t ""a cursor tit* cups at s yei,'L11(i_ nn as seawlM tar site ►till sod famial Worm,anee fry thu rAma*e of each Anil o-w?y tams, plerlelrnt. COW". I ahJ 1111tlan 0I this 1•ad•. in fIIB eY*tOt •f d•faelt by she Lussou. the assist security 1+aaM-tilt shall err, learlhcnCntlY retained by stw lesser erne ilea Lessor shalt w be abatgsted to amount to Ihu t•adeam lot any Iadlt of &III&I elays011. The pdttl*s ?delta* that rlamaq•s Of tits Lessor we mason of default by lhs lessee m.ly lie dlrlfeult to asearinin, .Ina 11 is aqr*ad that the geld socvfity deposit tidy be treated by the Lessor as liqu►ddted uatnegest at, dt the option of this loeaur, the Weser away dolly rho rlepestt pathet actual dafhaetes suststweN by tM User from rhetdult by the tesga* enti tits lesser aaev then held the Las$no raspsatsiblg fat the WWI" of lamb defective the Legaer knoll not Ire Obligated to pay interest on the security oep"It al afiyttlM. hor shall tits lfsder to ilfldeYa" Obligation to sugrvyaty or eondt'sto Ina sucurlty dupNat or keep It intact of evallows to any fora► vA&uoewr. to the event that the Lutgeo 01,111 fully and fetthfully comply with -all the lathe. provisions. C*"n*nts and wndltlehs Of this lease. ism aueurity lJoposit, or erly IlalanA:e thereof. shall lie'ntufned to the 1e410* after the *sltrgttaM of this loss$ arils tits rismoval of the Willow and gufmfvlvf of 11448ad81013 or the d•mlgsd promising IS the Larstor- if the Lasser irangigrg the Interest of the Lessor to 0141 Ilemtead lreestsea. the ebllsatltxl to ?*turn the SSCWIty dtpelt shall be that of the tranktorva, arA the Lasser 51e-111 lie fvllovad of fuRh•► ebitgatf*e In 9041 respect. That Security dopOall shall MVO? be apuliud are font. unless synod to In a writing sighed by the Lasser. 25. provided that the Lessee is not in breach of this lease, and has bat.• in compliance with this lease throughout it's term, the Lessee shall be permitted one (1) five (S) year option to renew this lease at a rats to be negotiated ninety (91o) days 1prie; auto" the expiration of this leases, but said rental ratan shall.'Mt of the base rent. Le:: may exercise this option provided Losses gives the Lessor no less than nifty days written notice of Lessee's intention to exercise this oQtio:S- All rise regulations, covenants and warrants of this lease shalL govern during the option period. option perioil shall cofll:oeanee January 1t 1990 and �tetvinate December 31, 1994. 1N W I T N CS S w 11 C kC O 1- , tin rulipcelivo parties huruto have Caused thew I1rasOKS a ter• Sighed. cooled sod an in* JrY al+il year lintit/* written: 93- 40 is `. �. sterl CO�STRLCT.{ 4Et03 ADDENDUM This is an,iaddendum to the lease between the JANMAR CORPORATION, a Florida corporation, herein named "Lessor, and ELENA's ITALIAN RESTAURANT, INC., a Florida corporation, herein named "Lasses", for the premises located at 3043 Grand Avenue, Coconut Grove, Florida, 33133, suite• "A"•, "BB*, and 204. All paragraphs, covenants, and warrants heroin shall become bound by the full force, effect, rules, and regulations by the above mentioned lease. 26. Provided that the Lessee exercises the option provided in paragraph 25 in the above mentioned and lease attached hereto, and the Lessee is not in breach of this lease, and has been in compliance with this lease throughout it's entire tam, the Leases shall be permitter) one (1) three and one half oar (34) option. to renew this lease at no additional increase in rent. Lessee may exercise this option provided that the Leasaa gives the Lesser no less than ninety (90) days written notice, sent by registered mail, return receipt requested, with the Lessee's intention to exercise this option. Should the Lessee exercise this option under all conditions set forth herein, the Lessee shall be bound to all rules, regulations, covenants, and warrants of the initial lease during the option period. ,The option period January 1, 1995 an4 tsraainate 27. Provided that the Lessee exercises the option provided in paragraph 26 above, and the Losses is.not in breach of th4s lease, and has been in compliance with this lease throughout it's entire term, the Lessee shall be permitted one (1) throe (3) year otpion to renew this lease at a rate not to exceed one hyndre$ an tweleve per -cent (112%) of the base rent of this lease. Lespes may exercise this option provided Vi—at the Lessee gives the Lessor no less than ninety (90) days written notice, sent by registered mail, return receipt requested, with Lessee's intention to exercise this option. Should -the Lessee exercise this option, under all conditions set -forth herein, the Lessee shall be bound to all rules, regulations, covenants, and warrants of the initial lease during this option period, except for the change in rent. Increase in rent shall be negotiated between the parties durinq aforementioned ninetyj(90) y;;period. The option period herein, shall commence on July 1;•„ sera o..on Just •30,.• 2001. In any event, the tgzm of atla h1'' i 4id no later than June 30, 2001. 28. The execution of the above mentioned lease shall make all other previous lo#sea betwoen the patties null and void, This shall be the only binding contracts between the parties. IN WITNESS WHEM04 the parties hereto have hereunto executed this instrument for the purpose expressed herein. Signed, sealsd and delivered on this __%4* day of jbp&,L , 1985. JAMcoru'o� rtoN t rry r brit. �►94nt ELR/@lA S IT#XLIAN itz4TAV j-, EWA& T I i o� ; 93- 40 BUSINESS [°Rta►t'EIiTY LEASE ASE - 7111S LI.ASC, ux,,:ute.l chi, _— _'y u( 1 APR. 0e SO Letween JANMAR CORPORATIONL 4 Florida car oration the LESSOR. and EL_ Er1At 3 Z'R�L.7 I _R TAURM , INC. _ ----�. the LESSEE: WIMESSM: The Lasb, i. fw and in aunsideretion of the rent herein roserved to be patd by the Less**, and in consideration of the covenants herein to be kept and performed by the Lessee. does hereby leas* and demise unto the said lessee the following described premises, situated, lying and being In the City of MiamLi_, Cour'.ty of Dade _ , State of Florida: SUITES "A", "BB", 204 3043 Grand Avenue Coconut Grove, Florida, 33133 TO HAVE AND TO HOLD the said premises unto the said (Assoc, from the first day of January , A. D. 19a,_, to and including the 3lst� day of Degpmber A.D. 1989_. the Lasses yielding and paying to the Lessor the following rental: The entire rental for this period to be FAtIR HUNDRED AND TWO HQ 1$A_ND MT- .ARC Dollars ($ 4�* 000_ 00 ), payable p�ollows:: PLICABLE TAXES $6,700.00 plus lawful taxes per month for the entire term of this lease. ABLE TO AND ARE TO The Lessee ayreus to koup. conform to and ablaze by each and every of the totlowing which are hereby made Sondltlon* of this lease. 1. To pay the rent heroin reserved at the times and in tl . manner aforesaid, and should *aid rent heroin pro- vided at any time remain due and unpaid for a space of 5 days after same shall become due, the Lessor may, at Lessor's option, consider the Lessee a tenant at sufferance and Lessor may immediately re-enter upon said promlees and the entire rent for the remainder of the entire term shall et Oftcs become due and payable and may forthwith be collected by distress or otherwise. Lasso r� Z./To pay si changes fur gas, electricity and other illuminant and power, and for water used upon and in con- nection with the said domised premises not more than tort (10) days after the same shall be come due and payable. 3. That said Lasses may not asstyn Lessee's interest In this lease. not underlet the whole or any pan of said premises, not shall the same be used (or any other purpose than Italian Cafe —Restaurant without first having obtained the written consent to such assignment or undertetting, or to such change of purpose for the use of Me premiss-,. from the Lessor, and the said lessee further covenants that the said promises will not be used for any purpose that will invalidate any policies of insurance now or hereafter written on the building on which sold promises are located, or will increase the rats of premium thereof. 4. To use said premises In pursuance with all laws and ordinances now or hereinafter applicable; also to exer- cise all reasonable care in the use of halls, stairs. corridors, toilets and other Rxttueo and parts of said premtses used in common with otbur tenants in said bulidIM which may tw necessary for the prussrvatfon of the property and comfort of the other tenants. t S. Nut to permit or suffer any nutse, disturbance or nuisance whatsoever on said premises detrimental to same . r annuyinq to it* neightxxs, mid the Lr Rue acknowledges that the prumisea have been received In thoroughly good order, tenantable conattion and repoir, of which the execution of this lease, acid taking possession thereunder shall tw conclusive evidcacu; and ttwt nu ivpresentation .is to the condition of sold premises have been made by the tess*r. o+' Lessor's agents. and that no ooltyatton as to this repalriny, adding to, or improving said premises has been as- sumed by Ina Lessor, and that no oral arranyuments huve teen entered into in consideration of making this terse act/ that sold lunar contains u full statement of the obl+yatlon of both parties Hereto. 6. Lessee shall be responsible for waste collection and to provide for facilities for the storage of waste which are acceptable to Lessor• 1 - 93— 40 I" 7. Th,t lhu Wssoc will kuup In grKKI .,,ndltlun d,utn!) th, , uncihuntIon r,f the ttTm herein described thl interior Of antd ucrursed prumires, .,r"d ew!ry P„rt therco!, Including the plumbing, doors and windows. and awnings, If any (which said awnings, It any. thn Lessor Shall not be called upon to furnish of replace during the terns of the loss@), .void will keep the same In ggrJ, sound. clean Condition and repair, ordinary wear and tear, fire, hurricane or other act of u:orl .,long excepted. -Ind will not suffer ter permit any strip or waste of demised premises, and that the said Lessee shall within ten days after entry and occupancy of said premises cause to be written a policy of plate glees insurance In a company to be approved by the lessor. Insuring ill of the plate glass in said promre*s. which said policy will hear nn endorSeMent thereon, naminq the Lessor as the party to whnia all payments that may accrue from *did policy of insurance shall rx; pnyablie and should thb lassie (ail and omit to cause said policy of Insurance to be written, alvi should the L�ssur watvu LASSur't option to coin.^ei said lease for Iveach of this covenant, then, and in that event, said Lessee shall be responsible (or any breakage that may occur from any cause whatsoever to the plate glass windows, and agrees to repldco the some at Lessee's cost. If the Lessee desires to furnish awnings, he shall first obtain the written ipprcvdi ,If the Lessor as to style. color .ind quality of material, 8. Not to make any alterattons ut change@ in the demiseet premises without the written COn-lent Of the lessor, and ell additions. fixtures. iA improvements. except only store and office furniture and fixtures which shall be readily removable wttnout injury to the premises, shall be and remain a part of the premises at the expiration of this lease. 9. -rhat the i&ssw. iI mmlt. MAY It any rhrasnnnb►r time nnte.r .,nd view snot premisas. and make repair/, if Lessor should eluct to du •.u. 10. That If the Lessee shall not pay the rents herein reserved at the time and In IN-, manner stated, or shall fall to keep and perform any other condition, stipulation or agreement herein contained, on the part of the Ltsseo to be kept and performed, or U the Lessee shall suffer to be (tied against Lessee an uivoluntary petition in bankruptcy or thell be adjudged voluntary or Involuntary bankrupt to make an assignment for the benuflt of creditors, or should there be ap- pointed a Receiver to take charge of the promises either in the state courts, or In the federal courts, then, in any of such events, the Lessor may, at Lessor's option, terminate and end this lease and re-enter upon the property, witere- upon the farm hereby granted, and at the Lessor's option all right, title and interest under it, shall and and the Liies*s become a tenant at Sufferance; of wise said lessor may, at Leuof's option. elect to declare the entire rent for the balan. of the term, or any part thereof, due and payable forthwith, and may proceed to collect the same by distress or oftrwiss and thereupon said term shall terminate, at the option of the Lessor, or else the said Lessor may take possession of the promises and rent the same for the account of the Lessee, the exercise of any of which options herein contaiied shall no* be deemed the exclLsive Lessor's remedy: the expression "entire rent for the balance of the term" as used herein, shall mean all of the rent prescribed to Qe paid by the Lessee unto the Lessor for the full corm of the lease, less, however, an - payments: that shall have been made on account of any pursuant to the terms of said lease. il.' That the Lessee tiledges with and asSlgns unto the Lessor all the furniture and fixtures. goods and chattels of the said Lessee, which may be brought or put on said premises, as security for the payment of the rent herein reserved, and agrees that the Lessor's lien fur the payment of said rent may be enforced by distress, foreclosure Of ctherwisa. At the option of the said Lessor. and Lessee agrees that such lien is granted to the tgsaar and vested In said Lessor, and the Lessee further agrees that, In ease of the faiure of the said Lessee to pay the rent herein reserved when the same shall become due, and it becomes necessary (or the lessor to collect said rent by suit of through an attorney, tho lessoo will pay the Ittaor A reasonable dttorney's fee not to exceed 10% of the amount so collected or found .lue. together with .ill costs .Ind charges thereof. 12. That upon the purttrmance by the lessee of all tlx: covennnls and .agreements heretnabove set forth, in case the ilemised ptemaus, u,r any part thureol, shall at any time be doetroyLd of so damaged by fire or other elements as to be unfit for occupancy or use by the Lesbos, then and in that event, the lessor shall hove the option (1) to terminate this lease, (2) to repair and rebuild the said premisas, remitting ants hereby reserved, or a fair and just proportion thereof, according to the damage sustained, until the said promises are reinstated and made fit for occupancy and use: and in the event the Lessor elects to exercise the option to repair and rebuild, the same shall be done and completed within a reasonable time. 13. That the Lessee takes all risk of any damdgo to Lessee's property that may occur by reason of water or the _ bursting Or leaking of any pipes of waste water about said promises, or from any act of negligence of any co -tenant _— or occupants of the building, or of any other person. or (Ire, or hurricane, or other act of God, or from any cause what - &cover. 14. That the Lasses shall not attach any signs to the promleas,of place any lettering an the Plate glass windows, r unless such signs, and sucn lettering, be of a type. kind, character and description to be approved by the Lessor, in the interests of having a uniform system of lettering and display sign@ on all of the stores to the building of which the demised Premises are a Part. S 15. if the said Lessee shall occury said premises with or without taw consent of the Lessor after the expiration of t this lease, and the rent IS accepted from said Less**, such occupancy and payment shall be construed as an extension of this lease for the terns of one month only from the data of such expiration: and occupation thereafter shall operate to e extend the lease from month to month only unless other terms of such extension are endorsed herein or hereon in writing and signed by the parties hereto, - 16. That Lessee shall Indemnify and save harmless the said Lessor from and against any and all claims, suits, actions, dapuagos, asd/ur causes of action arising during the term of this lease for any personal injury, loss of llfe and/or damage to Property sustained in or about the leased promises. ley reason or as a result of the lasaee's oc- cupancy thereof, and from and against any orders, judgments, and/or decrees which may be entered thereon, and from and Against sU costs, counsel (cos, expenses and liabilities incurred In And about the defense of any such claim and the Investigation thereof; provided, however, that before said [ales** shall become liable for all of said costs, counsel lees, expenses and Ilalllllties, Lessee shall be given notice in writing that the same are about to be Incurred and shall have the option Itself to make the nnecass,iry investigation end employ counsel of Lasaeo's own selection but satisfactory to the Lessor, for the necessary defense of any claims. Prior to entry and occupancy of said premises by Leases, Lessee shall cause to to written a policy rtl liability tnswance In a company approved by the lessor Insuring against such claim& and furnlshing the dotanse and investigation thereof, whtch teed policy shall name the Lastor as an insured party and shall provide coverage of not 1*68 than $100. 000/11300,000/5 0 ,000; Lessor shall receive a copy of said policy, and Lease* shall pay all of the premiums nscessary, to **cure said policy and to maintain the Same in force throughout the tern of this lease. 17. Provided that the: Lessee is not in breach of this leaser and has been in compliance with this lease throughout it's term, Lessee shall be permitted to assign phis lease with prior written permission of the Lessor, provided that `1 assignor agrees to abide b is lease _and At 1 �,�� i�Q aln� rnrril j mn nx C j by the Lessor. -t. 0 18. It Iv lul mer -If :Q,f .n d vn !et .1,"-1 1h.iI thu Ins Sr . !h Ihis It, se el,.tli h.: sublacI and subordinate t0 any mortyogn ur deed o! trust now nn werr.f;E3. nt whit h ill— hrr, iftnr LC made nn account of any proposed loan to tie -_ plecr:d un soi,i pf1•II,ItitL 1,y th„ fc:;e•.t a, 111,2 bill , xt.•.•I ,.I '11 •1,11,t- and , h.,rpnn Scrured thereby; and to any renewals .,tnl I•xttrnslnn W ..If eat .n ry P.)V thcrc,.l. whi, 1, ..tbl I, , rut -,. herriftef ,t airy unie elect to plate on $Aid premises, ,.no Sabi Lu,sw: wif,,-n u1r,n ri:.lu-1 b, h. to i 1, , b ,fly 11 n+ r �t tape, s whlM. the counsel lot the Lessor may devi" nrrena•tty it, ur,a•m!tl h,ll I11.41 rml. .al,f to ,ir[. dt •a if"- 1. .-W., so de'ln'l, that the lessor Is hereby empowered I'l t-Xucutu true h th,put ar 1t,101•rs fit the n.1nir , 4 ihf. It'! ..1 , i10 .. the .,ct owl Iced of said L061ee and this authority It, Jut.L�1`1•d to 110 euu1111,11 -111, .,n Int,•n •.t ..n,l oia Irv.,• ,i,l, M, .•,tme (:w y,,.trs Is rreAted by this lease. I ! 19.At tlur uxpir•,tirm of v.,to lout. ... t.l 1,-:: a :.h.,ll quietly and pe.wo,o0y deliver e,ild Pr9mi8ea to the Lessor to the edmes repair ant) condition to whit.h they wort, tcceived, ordinary wait an,l tear excepted. 20 . The Lessor hureby coven,intc wits. the I r•.., ;: Mot, upon the tx•rit mu ,n, a of the lessee of all the conditions — hereina"ve set forth -on the pact of the Lessee In hu kept and oeriurme(t. tFessea may Quietly have. hold, occupy and use the above descrowd premisns wllh,.ut mteirupuon by the Lasser; prcj�ided that upnn the breach of any of the cov- -- enaMs, conditions, Alto stiptil+,tiuns her�ro , ontained to be kept .ind rwrforme l by the Jetties. the Lessor may im- mediately withOU111lotice and witl0utthe nvvnssiry of legal process re-enter said premises, and, thereupon, at the Lessor's option, said lease shall tortriwith be terminated and/or the Lc,sor may exercise any of the options hereMbstore provided (Or lhv Wasur's bent fit in .-gar .I •Iat.t.Jt on the pa,t Of the Inu- •. 21.The lessor further covenants that Lessor will keep the exterior of the building In which are sltusted the demlied premises, in good rapalf, and the portion of building Inlendeli to be deslgndted As the exterior shall ex- clude those portions herelnbefore covenanted and agreed by the lessee to Im kept In repair, but the Lensse shall give to the Lessor seven 17) days written nottre of needcA repairs, and the Lessrir shall have 6 reasonable time thereafter to make them. 22 she terms Lessor and Lessee as herein contained shall Include slnqut,ir and/or plural, masculine, feminine. and/or neuter, heirs• successors, persondl romesentativee And/or assigns wherever the context so requires of admits. This paragraph shall not be construed as consent of the Lessor to the asslgnment of Lessees Interest In this lease. Transfer of more than one-half of the outstanding shares of stock of a corporate Lessee shall be deemed an attempted assignment of the Lessee's Interest In this lease. 23:The failure of the Lessor In one or more Instances to Insist upon strict performance or observance of one or more of the covenants or conditions, hereof of to exercise any remedy, privilege or option herein conferred upon or reserved to the iessor, shall not opel'ate or be construed as a relinquishment or waiver for the future of such covenant or condition or of the right to enforce the same or to exercise such privilege. option, or remedy, but the Sams shall continue In full force and affect. The recelpt by the Lessor of rent, or additional rent of any other payment required to be made by the lessee, or any part thereof. shall not be a waiver of any other additional rent or payment then due. nor shall such receipt, though with knowledge of the breach of any covenant or condition boreal, operate as or be - - doomed to be a walvsr of such breach, and no waiver by the Lessor of any of the provisions hereof. or any of the Lessor's rights, remedies, privileges or options hereunder shall be deemed to have been made unless made by the Lessor In writing. 111 the Lessor shall consent to the assignment of this least or to a subletting of all or a part of the daselsed pmmlaes, no further assignment or subletting shall be made without the written consent of the Lessor first obtained, No surrender of the demigod premises for the remainder of the term hereof shall he valid unless accepted by the Lessor In writing. 24 Cris Leases herewith deposits with the Lessor the sum of S_12,_ .nQ as security for the full and faithful performance by the lessee of each And every term. provision, covenant and am.lttlon of this leads. in the event of default _ by the Lossou, the sold soeurity doposit shall he permanently retained by the lessor and that Lassos shall not be obligated to account to the L.essov for any part of said deposit. The parties I-ealixe that damages of the Lessor by nalkAn cif default by the Lessee may be difficult to ascertain, and it is agreed that the said security deposit may be treated by the Lessor as = liquidated damages; (r, at tho option of the Lessor. the Lessor may apply the deposit against actual damages sustain" by the Lessor from default by the Lessee and tite lessor may then hold the Lessee responstbla for the balance of such damages. =_ The Lessor shall not be obiigated to pay Interest on the security deposit at anytime, nor shall the Lessor be under any OL)Ilgatwn to segregate of saparatc the securiy deposit or keep it intact or ov,itlable to any forth whatsoever. to the event that the Lessee shall fully and faithfully comply with all the terms. provisions. covenants end conditions of this lease, the security deposit, or any balance thereof, shall he returned to the Losses after the expiration of this — lease and the removal of the Lessee and surrender of possession of the domlaed promises to the Lessor. If the Lessor. transfers the Interest of the Lessor in the demigod premises, the obligation to return the security deposit shall be that of the transferee, and the Lessor shall be relieved of further obligation in that respect, The security deposit shall - never be applied as rent, unless agreed to In a writing signed by the Lessor. 25. Provided that the Lessee is not in breach of this lease, and has beer in compliance with this lease throughout it's term, the Lessee shall be permitted one (1) five (5) year option to renew this lease at a rate to be negotiated ninety (90) days :,rior to the expiration of this lease, but said rental rate shall not exceed five (5t) per -cent of the base rent. Less may exercise this option provided Lessee gives the Lessor no less than ninet days written notice of Lessee's intention to exercise this option. Allrrule regulationb, covenants and warrants of this lease shall govern during the option period. Option period shall commence January 1, 1990 and terminate December 31, 1994. I N W ITN CS S - W H C RCOI' , the respective parties hereto have caused those presents to be signed, sealed and delivered on the day and year first ibtavo written! WiTNCSSCS: 9 3 — 40 uy; Agent_ o Lessor) jI sett cant ' INC. 7���"✓c1�✓��U/ill F�/j By. �?�/� t (As to Leeseal (LCSSCC) Elena TummntiII- �• • 'y~ AUU�:.q Phis is all"addendu- I the lease between the .7ANMAR CORPORATION, a Florida corporation, herein named "Lessor, and ELENA'S ITALIAN RESTAURANT, INC., a Florida corporation, herein. named "Lessee", for the premises located at 3043 Grand Avenue, Coconut Grove, Florida, 33133, suites "A", "BB", and 204. All paragraphs, covenants, and warrants herein shall become bound by the full force, effect, rules, and regulations by the above mentioned lease. 26. Provided that the Lessee exercises the option provided in paragraph 25 in the above mentioned and lease attached hereto, and the Lessee is not in breach of this leases and has been in compliance with this lease throughout it's entire term, the Lessee shall be permitted one (1) three and one half year (3y) option to renew this lease at no additional increase in rent. Lessee may exercise this option provided that the Lessee gives the Lessor no less than ninety (90) days written notice, sent by registered mail, return receipt requested, with the Lessee's intention to exercise this option. Should the Lessee exercise this option under all conditions set forth herein, the Lessee shall be bound to all rules, regulations, covenants, and warrants of the initial lease during the option period. The option period shall begin January 1, 1995 and terminate June 30, 1998. 27. Provided that the Lessee exercises the option provided in paragraph 26 above, and the Lessee is not in breach of this lease, and has been in compliance with this lease throughout It's entire term, the Lessee shall be permitted one (1) three (3) year oppion to renew this lease at a rate not to exceed one hundred an tweleve per -cent (1120) of the base rent of this lease. Lessee may exercise this option provided -t at the Lessee gives the Lessor no less than ninety (90) days written notice, sent by registered mall, return receipt requested, with Lessee's intention to exercise this option. Should the Lessee exercise this option, under all conditions set -forth herein, the Lessee shall be bound to all rules, regulations, covenants, and warrants of the initial lease during this option period, except for the change in rent. Increase in rent shall be negotiated between the parties during aforementioned ninety (90) day period. The option period herein, shall commence on July 1, 1998 and terminate on June 30, 2001. In any event, the term of this lease shall and no later than June 30, 2001. 28. The execution of the above mentioned lease shall make all other previous leases between the parties null and void. This shall be the only binding contracts between the parties. IN WITNESS WHEREOF; the parties hereto have hereunto executed this instrument for the purpose expressed herein. Signed, sealed, and dclivared on Lhis _= day of ftelfc- -, 1985. 3_. to Lessor l Y •- �' vz to essee JAN COAPORk"ON ✓ ea ry B 1 ant, Agent ELBNA'S ITALIAN RESTAURAI p, 93- 40 Q--)\STRL-C`r-\ PROPERT IES 4r�1_5T•'it VI?pit + SAiVFP6VvlY.� VAF re July to. 1992 ~`y/ .•J �Y.�. Mr. .Tim Kay, Assictint Director �� ,fin • Department of Public WorksrA U City of Miami 275 F.W. 2nd Street Miami, Florida 33128 WX— RE- Elena's Italian Restaurant - 3043 Grand Avenue Notice of Violation of June 22, 1992 Dear Mr. Kay: This letter is to follow up on the Notice of Violation issued by the Department of Public Works to Elena'a Italian Restaurant. As representatives of the building owner, Grand Oak Limited Partnership, ve have not given consent for the restaurant to operate a midewalk cafe in the portion of the sidewalk not contiguous to the restaurant's i.easahold, as required by Section 54-114 (1) of the Code of the City of Miami. Furthermore. it is our understanding that the entire sidewalk cafe is currently operating without a permit issued by the City of Miami. I want to reiterate to you that this current situation impairs our ability to make lease commitments to prospective tenants interested in renting this portion of the sidewalk from the City. As stated in the attached letter from Mr. Waldemar E. Lee, we expect your Department to take the necessary actions to enforce the code immediately. Sincere y , f J se Vians irector of Construction. Rttachment: Letter from Mr. Waldemar E. Lee cc: Mr. Waldemar E. Lee ,Tay Millar JV/lm 93" 40 sl 5 504.*M SAYSHOWM ORNE + SLn 200 ' COCONLT ORNE, FL 33M + PA)G3Q5-BW7572 ' Am,;X�7749 + CITY OF MIA14I SIAEIOALK CAFE PERMIT Name of Food Establishment: Cafe Sci Sci Location: Phone No. Owner: Phone No. Mailing Address: The application filed for this permit complies with the requirements set forth in Article VI of Chapter 54 of the Code of the City of Miami, Florida. Permission is hereby given to establish a sidewalk cafe, according to the conditions hereon, in City Code Section 54-115(b) and 54-116, and according to the approved plans and specifications pertaining thereto, subject to compliance with the ordinances of the City of Miami. THE CITY SHALL BE HELD HARMLESS FOR ANY ACTION ARISING THROUGH ISSUANCE OF THIS PERMIT. THIS PERMIT SHALL BE TEMPORARY AND SUBJECT TO REVOCATION. The bi-annual permit fee is $ 3,0.90 for a total square footage of 309 sq. feet X Permit issued , 1992 Life of Permit 6 months perio ending 1992 . onst ruc n-A uperations, Engineer ss an rec r Director, Public Works epar men JEM/wpc/ab/B455 93- 40 mom rk WAM'as VALUM 20ar6MIN I S mesas ande up I L UNE TRANS DESCR PTION _ SUE181DtARY 043EX O®J AMCK)NT—� NO. CODE ACCOUNT CODE COOP 3 = $ W Ye m. M a tea06 Ila s etas • ;, y .�7"; ► !� TOTAL ; C FN/AD 001 Rev. 9/M - - obbo"d � - - ind Pink copies to Finance 1 93- 40 of t2ixYit LUIS A. PRIETO-PORTAR, PHA, P.E. '. Directir June 22, 1992 CERTIFIED EMAIL Elena Italian Restaurant D/9/A Cafe SC I SC I Attn: Giovanni Tumol i 1 l o 3043 Grand Avenue Miami, FL 33133 RE: DIRECTOR'S NOTICE OF VIOLATION Dear Mr. Tumolillo: CESAR N 0010 City titar-'agar Enclosed please find your check f4777 for $10,600 and a copy of a letter from Constructa Properties, Inc. which represents the lessor, Grand Oak Limited Partnership. According to Section 54-114 (1) of the Code of the City of Miami, the sidewalk cafe is restricted to the sidewalk frontage of the licensed restaurant or within the contiguous sidewalk frontage of the building provided that written approval is supplied by the building owner and any affected tenants. Therefore, by this notice we are ordering you, within three (3) days of receipt, to supply the Department of Public Works with written approval from the building owner for the portion of the sidewalk not contiguous with your leasehold. Failure to comply with this notice will result in further action by this Department. If you have any questions please contact Mario Pons of my staff at 579-6874. Sincerely, Waldemar E. Lee Acting Director MP:az cc: Joel Maxwell, Law Department 93- 40 It DEPARTMENT OF PUBLIC WORKS/V5 N.W. Znd Street/Miami, Florida 33128/(3051 579-68S6 of Aialni DEFA RtMEhtT f WC �.. �. Ci4t�J F.O. box 3307M t N+'."w.il�� �t ••• .' .�.. Elena Ita ian Restaurant If SCI SCI Attn : �# 'sumo ' 1 to enue 4 3133 U.., o { A r WWj f" ry i J4 i7 1 iJ A a `�P OMA OEM &MMft MMM 1. X & AM 4. AW pw aw� 6 ft 9.00M TW. ............... ........................... Ae A �, *Ad 4=Zl Ig OMP WO *AWN- d W&nw w spne No mom ft "M ftft" afti l=VJW Ms*C3#vft%w Ow IM OF WNW pogrom xam I* gum MUM&M. 4 Pl. I 93- 40 k April 20, 1992 Mr. James J. Kay, P.E. Assistant Director Department Of Public Works City Of Miami 275 N.W 2nd Street Miami, FL 33128 Re: Sidewalk Cafe at 3043 Grand Avenue Dear Mr. Kay: We represent Grand Oak Limited Partnership, owner of the property located at 3043 and 3059 Grand Avenue in Miami. Grand Oak purchased the property on January 6, 1992. In the past, the Department of Public Works has granted permits to Elena's Italian Restaurant, d/b/a Cafe Sci-Sci, to have outside tables and chairs on the sidewalk both: (1) in front of their leased space; and, (2) adjacent to their space in front of the rest of the building. The previous Landlord consented to the request made by Cafe Sci-Sci, as required in section 54-114 of the City of Miami code. We hereby withdraw the Landlord's consent to Cafe Sci Sci's tables and chairs which are not immediately in front of their leased space. These tables make access to the main entrance of the building very confusing, and block the building's signage. 3043 Grand Avenue has office and retail space in addition the to restaurant, and this situation impairs our ability to lease the remainder of the space in the building. We would also like to request that the planters located on the sidewalk around the subject tables be removed. for the same reasons. We understand that the current permit expires on May 31st, 1992, and therefore, request that you enforce the new condition as soon as the existing permit expires. Si erely, ' Jay Viller JM/Yv CC: Mario Pons Giovanni Tummolillo Gerry Biondo 93- 40 CITY OF MIAMI - SIDEWALK CAFE PERMIT / 069212 — Name of Food Establishment: Elena's Italian Restaurant 0/8/A Cafe Sci Sci - Location: 3043 Grand Avenue Phone No. = Owner: Giovanni Tumolillo Phone No. Mailing Address: Same as above _ - The aaplication filed for this permit complies with the requirements set forth in Article VI of Chapter 54 of the Code of the City of Miami, Florida. = Permission is hereby given to establish a sidewalk cafe, according to the conditions hereon, in City Code Section 54- 115(b) and 54-116, and according to the approved plans and -- specifications pertaining thereto, subject to compliance with the - ordinances of the City of Miami. THE CITY SHALL BE HELD HARMLESS FOR ANY ACTION ARISING THROUGH ISSUANCE OF THIS PERMIT. THIS PERMIT SHALL BE TEMPORARY AND SUBJECT TO R OCATION. UWNL Permit issu 1_ T 199 1 , Life of =' Permit 1 year period ending May 31 1992 - 13i rec or, P5511c RorKS Department jEM/wpc/ab/8455 = _ Y 93- 40 THr9 CEgTIFICATF M ISSUED AS A MAITE#1 OF WORMATIO14 O►1LY ANO (c;grNfFFPS • NA A10H76 UPON THE t;EATIFICATf W)LOEFI THIS CERTIFICATE DOES NOT AMEND EXTENO 001 At TER THE COVFRAOE AFSORDF0 NY THE i'llI w4fS RELOW SMART- 7?�liA` 1=1xr1;pr `:; % COMPANIES AFFORDING COVERAGE M TAM I • i l 33141 - .�ti2 ►a( {y { �. T+ aTgl`11 °r',.^•A (I it t ►� Ii..rINA:. c �;F•Tt:, -- — t ' "r 1•r' E �'IriTl'••TTe' I10 mom IN T NI ; !S � v LL k :If Y 1MA T t OL�CIE S JF 1NS;1RtNCE LIS TEU BE LOW NAVE BEET: ISSUED 101 HE P,SURE 0 NAMED ABOVE FUR THE PC LIC 1 FEA1CtOINDM.. NOrWIrHSTAN0INC A4V REOVIREMENt, TCRM 04 CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH 9EbPEC.I !0 WHK:H THIS CERTIFICATE MAr BC ISSIWU OR MAY PE.ATAIN, THE INSURANCE AFFORDED Rr /HE POLICIES DFSCRIEIED HEREIN IS SUBJECI TO All THE TERMS. EIICt,US1ONS AMU r.fl&f 1, w •,_.:• •, 'r I ?_h • ai° ✓A�•rl a.40117 • Llk"T , •.M 1HOURANDS ?X�r.r.,,a+xauf•:. j hi4(?-3190.8454 4;-25-9F ,9-?S• v? --- ...__ JLAMA— Y : * i I �,aa� X qC- 300- 8864 t 9- 2 S- 9I 9- 2 K- 4? I . ! tr 1R,aF IIAinll11Y I 1•. N. •t' 1 • T,AI�A, II�, 14 ., _ IN L L + • 1h 111�,1fR!i' l.aiMP1-NsAT10N A4., til,'• rrYTR; i I c ; •..1 , , Mr ..:,, LTIi .f .. .... , rl,• 1 9 40 _ RC.AtOtlIta►l.t bide. waitft r.ajo/Additjunat •inbuhPd: C%.#y 04 Mi.am{, 9 tf't PlyiptOya¢ A!tt'r.tihY CGcal ►1d0 Pelt 1,7 ' my, ,,::!Mj I; $-gCQL0 A►IT (_•F !HP AraOVt OESCRIBED P0IICIFS nF CA►+l.tL[Er1 QtF..)QF •la: Er.' ViRA11 �ry1t1 LAI AP. 5 DC THI REOF THE ISSUING COMPA►It Witt VtIDEAVOR TO AAA►S WA 1 TE►j t:OTICE TO THE 6ERTIFICATf MfDl OfR YAMEO TO FNE LLFI. BUVi All LIAt TGMAIL SUCM N0I1CF SHAD YNI t N00FN IrAl►MNO# L'AbILITV r!r lYF.11�' 1 THf. C(AMOI►NV arp &GENII- L,h I4EPKFSFN1AflVES L ^n^fo,-tier �lr 1"►nr1 •law+"S 1•s743n lattsjVripnt. T&MC. lien *M11P Sri {a -43? 3, ^ent? ^— I: rxn4ration r• TrIsurance fIia- •naac4te test ta,* raquireO ir.surAnte for Os*,,n7nrstl! ,r n� y-!: n+;tAxnires on Soo te!ib@r 'R, 1^IA. Tf wool w!Sy «� rnr.'inica ynur S-Aovo►lt rop o,)erstior, it will !„n npCAssBry ronewal of the existina poll cv, or a aria rn.liCy to VP ".ity of '449!11 5y this (*Str. to --it ttie Sri ilea! insplrenr.p! policy t-) the ''1'Y -I' � ^onar*.ent� 1IT7 A.morifirst e1�11Ain�, Imp ;u".,.l. •si Fl c%ri •4j.t 13133 to t%e v t•r,t.inn of I C"nv of t.%0 rolicv is to v +++^ c't•y ^� • {,�,•{. ra•,art-an' of �uh�iC '•JOrk4, ?7s ►'. Id •+{11�1 FZ�e*1 321?n, "r. Lnaman. C{FRceraly► ^L�^s*r+1c*.+an rratneer I'L:%t" cc: �erur.A0 Qpret o Lew ntrt. 93-- 40 El Soollneo P. perez !nv!rence Coordinator liras nivitin" +,,%w' np4)art.me*t of nil".lir ►Jmrl e, "ar*er�har '1 1 nar, !nsurancp lomewal *Acha�4 v"u !rill ein(i a,, cony of the current Insurance for nrrn-arI., it V41I4e9 Intl, lrgc. , ar-4 .4lrkpt to 'lark#t, Inc. The a^rr5vp4 insurance for these two establ i shments Pxni re% on June 1, !^hn an,' "ev 5, 1,00n resppct.ively. r' -n ?estaurint, Inc. , D/P.A Cafe Icci Sci insurance pxrirpS nn IZ'S ate er Tar a you w I I I *tnF+ A curly of > ptter -go tiAvp sett tl%^- rpaarOlimg their re,evel . ' , 'Irf!A i ;r.at= ^'s ner-it to overate a si-4ew31k cafe mxnirpO it 11�r.p of 1°�n, anA is not hying rf!new" e. This Opnirl for renyrr3l •1¢11 ``e ��%�F�ri? tho Noy Complision nn !zet%tf.-mhq!r 13, ar-O we �tll inOor^ vnt- AS to whether or not the Concission uoNoie's mur (_ : %,t, ^ia'nS4r1l': on I'4ntrAI n M[.OU aA 71 -3701 wo ft- laud- v IL. 3330 •tK tUscOOE . ;•AP.Eo . cmamst d wv% �. i THIS CEATIFICATE 0 IIlA1=1 AS A V ATM (F 1110110ftlIAT1<'y!I OKY AND C>�RS - NO RIGHTS UPON THE CEIITWICATE "CLO 1. TM C lATMATE OM NOT A#*plo - EXTEND OR ALTER THE COVERAGE Aii°OMM BY COWA M AF1 1�lGI COMPANY LfTrEfl COMPANY - -- — -- -- - ' - — LETTE:1 C COMPANY IEYTER - COMPANY E LETTER •A •e.�i 6^..aalnl..«'✓h- f►.r['�i4i�:��C�.• THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN 1$1iED TO THE EINENIN'O NAhMAEOVE FOR TH! POLICY Pi14100 '- !NOtCATED NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER OCCr W14T WITH REOMI TO WHIICH T)*S , 14 rIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POl,I M De$Cmg= Howl" is $!d"cT TO ALL THE Tlift e, t. NCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REOUC[D BY PAID CLAM. — TYPE OF 00URANCIE POLICY NVIIIIi[N POLICY EPPRCTVM POLXT IMPItA"ON � 0ATI (MMID(MM iATY p000W r) - GJTY ENERAL UABR ` t COMMERCIAL GENERAL LIABILITY A — Z CLAIMS FAAOE OCCUR. 1 A E j vim ,,^.•WNER'S i CONTRACTOR'S PpOt. 1 fAA1 - - - P� aI1MA0E (1MI - M Ill - .. 1NR'X EXfEklR (IkAr wee /�M» ANY AUTO lSf i t ALL OWNED AUTOS I y SCHEOAEO AUTOS I l rlm miREO AUTOS NONVWNEO AUTOS - GAAAGE LIABILITY _'•� •• • •BIM i ..� . EICE SS LIAMUTP OtNER THAN UMBRELLA FORM a MORRER'S CoupfJIYTR?N GTATVIGNI' ¢ . AM i �Am/ AOC>1DFJttt) ��_.- -- -- — AiANi•-POLICY Lwn EMPLOYERS' UA2AlTY _ t -EACH EWLOVEE OTHER • SCF4PTX)N OF OPlRATIOMAOCATIOk$r*It;J1iCtISMSTAICTWOOfOPM" "VMS .:� �ocatjm &t3LU Plata, C.aa®rc may, ►• ,Ia 9 3 - CLty Of MMI& 1350 !iilii t�'ati�an 'ftaodt n 3nQ 40 Z SHOULD MM OP THE MM MEMO O POLICE$ W CANCIRaWlIBEFORE THE EXF DATE TW EOF. TEE WMA40 COIMANY WILL ENDEAVOR TO MAIL GAYS WRITTEN NOTICE TO TH! CERTIFICATE HOLMA NAMED TO THE LEFT, BUT FAILURE TO HOWL SUCH NM= 9MU OIMIM NID OBUGATION OR LIABILITY OF ANY MW UPOO THE C0>81MV. ITS A(KWM OR F&PRESENTATIVES, AUTWUNILEW RLPMNLNTAT77 + �Fs I 'rP�oveta :,-is},rance :iarketing Center Inc. :;.W. 79 Avenue 1. 33122 9U!-00O! - �c :-'-�rket To Market 7.nc. d/b/a To Market i -' 9 5 Commodore Plaza F1. 33133 MQ RIGHTS UPON TIC CEIITIFICATR T191I1 OF MWOIMAATIM ONLY A..N.a EXTEND OR ALTER TFIE COVVRAM T� S RMICATI SNOT Aw"O. - COMPANIES AFFOMN® COVERAGE -'�-� COMPANY Eiseman's Fund Insurance Co LETTER A •- COMPANY ® _ - LEMA Inc, & So Big COMPANY --- . -� To Market LETTER C cMrAa+r o � -- - - - - - - -- Lou"A Fireman Is Fund Insurance Co. COMPANY E - LETTER - ,COVERAGES _ d" - .,,,tea --'5 IS 'O CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE WEN IWUEO TO THE II KOW NAMED ABOVE FDA THE POLICY PEMW - SATED NOTWITHSTANDING ANY AEOUIREMENT, TERM OR CONDITION OF ANY OONTIIACT OR OTIIEA OOCUMIENT WITH RESPECT TO WHICH THIS CF =ICAIE MAYBE ISSUED On MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES OESCKSIM HEREIN 19 SUSACT TO ALL THE TENMS• XCL•vStQNS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLANS. :N TYPE OP INSURANCE POLIMWOTM CY NUMSER OPaLwyY SAll AIL 60�41 �p�/� ^_ `CENERALLIABILITY T - - --- - {AlAGGOWCLATE _'fr.,000+ :.1 :CMMEAC!AL GENERAL LIABILITY CTSAIDOMPOCIPSAaILr+�oo►Ti !Include uIMSMADE XXoccUR. 215AZC80252114 5-6-89 5-6-90 PlIMciNAI aAwERTIS oill�tr rInclude :.vNEN S 0 CONTRACTOR'S PROT GAL'1"OCCUlAV= B AuTOWO&OL.E LIABILITY AN+ AL-0 ALL :WNEV AUTOS asp ISIOdILr �mEJULEO AUTOS -.'PED AUTOS Nv N OWNED AUTOS t �,ARAGE LIABILITY I ' EECE$! LIAOKJTY ,'.',-ER THAN UUMWLLA FOUL! �I,ORIlER'! COMrENlATION L) AND EMPLOYE"' LIANUTT OTHER • '�T '! DNS �`�`�— 11MURY ! f �ACN oxuwfet f • I. RATUiO W 215AZN80252114 5-6-89 5-6-90 �00,_ I f ' fSCRI►'SON Of O►ERATIOMW OSATION'iNENFQE8/i4STI%CTIOM!/0P%CIAL ITEM! 1%c:d'-tiona1 Insured: City of Miami Its Officers and Employees � � _ 1390 N.W. 20th Street, Miami, Fl. P AW--JACH SMFLOYEE 40 :EATIFICATEi IiOLDE1C'eA+C�:: " F+ ..��.�.+.r.a..:..d.. ..: • aat C O = Xi ami TW7:A&3F—DAYSMVW4WMN Y OF THQ A#OVE 0e$CF4 D POLICES SE CANC"O'BEFORE THE !.Ian a: Services Administrators QAftStilWW. TM EI LOO COMPANY WILL ENDEAVOR TO 4.390 : ; .,T 20 Street NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE F 1. 3 3 01 R L ' LEFT. BUT FANG TO MA& SUCH t+1oY= IBHALL 00061 NO OGL IQATIOM Oft ' :: a n c V a hn /Mario Pons LIIA 11 JTf OF ANY PVC UPON THE OOMPANY. IT'S AGENT'S Ott REPRESENTATIVES lLi7MOR!? .? r -.-W PW ATTVT To Mario Pons DATE September 1, 1969 FILE Public Works SUE�ECT Sidewalk Cafe Insurance Renewal — FROM Segel do Re P REFERENCES Insurance C ;dinator Law Department/Claims ENCLOSURES . A current audit indicates a pending renewal of insurance for Elena"s Italian Restaurant, Inc. It is respectfully requested that a reinstatement certificate of insurance be provided at this time. - Please request an A+ carrier. Should you have any questions, please contact me at ext. 6700. SRP/drg 0 L5 _ r ,i; v coal 93- ,SSUE DATE ;MKwtrYs 9/25/88 = Pr+t�CUCE° TH.S CERTIFICATE tS ISSUED A$ A MATTER Of W044MATMN ONLY AND CONFERS NO RIGS UPON THE CFATWICATE HOLDER. THIS CERTIFICATE DOES NOT AMINO, EXTENe) Ota ALTER THE COVEIVA0& AFFOWWO NY THE POLICIES BELOW. MIDLAND INSURANCE 7884 W. FLAGLER ST. I ` COMPANIES AFFORDING COVERAGE MIAMI, FL 33144- LnMPANY A u I TER ORION --- - -� LFT TER Y INSURED _ GREAT AMERICAN SURPLUS-� ELENA'S ITALIAN RESTAURANT INC. LEI IER Y C D.B.A. CAFE SCI SCI - 3043 GRAND AVE. CO TANY � LF.fTFR MIAMI, FL 33133 rIAPANY THIS IS TO CERTIFY THA ` " NOTWITHSTANDING ANY AL'. BE ISSUED OR MAY PCR TA,' TIONS OF SUCH POLICIES co LTA GENERAL, LIABILITY X� �Q.. V .. .. AUTOMOBILE LIABILI'N NON 2'li I I I EXCESS LIABILITY g ` X4 WORKERS C•)MPE%SAI, AND C I EMPLOYERS, LIABILIT 1OTMER 1• J E - r, A,yf [ , ; •- 1 !fiLOYI I M'v C. BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, ,:., . •.1 SON OF n , e (.CONTRACT UA OTMER DOCUMENT WRH RESPECT TO WMICM TMIS CERTIFICATE MAY „ ':'S Ot"9CRICE0 HEREIN IS SURACT TO ALL THE TERMS. EXCLUSIONS, AND CONSW I .Y .!,t I• j n 'r CFRECTNE POLICY EWIMTION I LIABILITY LIMITS IN THOUSANDS '. • '.'11!' I. I OA11 OAMMDM1 OATS IMUYOWM XCUP ~NCE AGGREGATI MP0339-21-62 BODILY I 19/25/88 9/25/89 INJURY 115 $ PROPERTY iDAMAGE $ EIIAPD $ $ COMBINED i PERSONAL INJURY $ 1 000 0 I Ra =EASOh $ I �r tote ACC'IOFMT $ PAOPfRTY DAMAGE $ BI f PO — f comwNFn - 1_ CL 507630 25/88 9/25/89 'c"O Spo � 9l ED $500, 00 $500, 000 I - i — -- STATUTORY RESTAURANT WITH SIDEWALK/OUTDOOR CAFE. ADDITIONAL INSURED: CITY OF MIAMI ITS OFFICERS AND EMPLOYEES ,100 O fCH ACCIDENT) �����ASE POLICY LIMIT) ;— -. A ROEASE EACH EMPLOY CITY OF MIAMI/DEFT T OF CLAIMS :C'li �, ANY bF THE A80VE DESCoo= POLICIES OE CANCELLED BEFORE THE Ex - IRA I : DATE THEREOF, THE ISSUING 9.OMPANY WILL ENDEAVOR TO 1 100 AMERIFIRST 8LDG. •: MAIL 31+ DAYS WRITTEN TO IFKATE HOLDER NAMED TO THE _F t. uUT FAILURE TO NO IIAPOSE No OKMATION OR LIMB jw 1 SE 3 AVE. +t ANY KIND _UPON T _ Y TS OR REPRESEN MIAMI, FL 33131 ' •I::O..'EC1 Rf:PR N `—"� ATTN: SEGUNDO PEREZ CITY OF MIAMI SIDEWALK CAFE PERMIT 0 032290 Name of Food Establishment: Ileama's Italian Restaurant, Inc. Location: 3043 Grand Avenue Phone No. 446-SIO4 Owner: D/B/A Cafe Sci Sci Phone No. same Mailing Address: 3043 Grand Avenue - The application filed for this permit complies with the requirements set forth in Article VI of Chapter 54 of the Code of the City of Miami, Florida. Permission is hereby given to establish a sidewalk cafe, according to the conditions hereon, in City Code Section 34- 115(b) and 54-116, and according to the approved plans and specifications pertaining thereto, subject to compliance with the ordinances of the City of Miami. THE CITY SHALL BE HELD HARMLESS FOR ANY ACTION ARISING THROUGH ISSUANCE OF THIS PERMIT. THIS PERMIT SHALL BE TEMPORARY AND SUBJECT TO REVOCATION. The permit fee due is $6,360.n0 for a total square footage of I ft. X Permit issued March 22 196 9 Life of Permit 1 year period ending March 21 199 0 4ector, Public WorkS Department CITY OF MIAMI, CIA., 0PW- t escePT J Nq 374657 ' 40sr , 'wr �.► find. safe Ta><>; �.- fraa DATE �----. ADDRESS — / a / 100 DOLLARS FOR • ( rd E! f fh r 7C��� R ERENCE No._f4t T^O+ %"W not VALID unim asted, haw in CITY IAML FL(*IDA am OWW"tarttaor "d boy" at Dopt arNt 01101 n ewRnafay o wom. i9y �Li 40 roar WA • M fit � � � G %" /�.�l�t. �K,= f9•vf.i-= S141* 71 i enQ� Si M{ T,. 1 M MM•.nr.�� Q�'I t.t�J of 'MiMlttt DONALD W. CATHER, P.E. Director March 22, 1988 C31 Sci Sci 3043 Grand Avenue Miami, Florida 33133 Attention: Elena Tummolillo Dear Ms. Tummolillo: Sidewalk Cafe Permit -- 3043 Grand Avenue Enclosed please find your copy of a Sidewalk Cafe Permit for Care Sci Sci located at 3043 Grand Avenue. This permit took effect on March 22, 1988 and will expire on March 21, 1989. Also enclosed for your records is City of Miami Official Receipt J424474 for $6,210.00, the balance due for the subject permit. V kanech Acting Construction Engineer MP:vh Encls. fiPruT.o R� ez ^� h ► ,i- cc . Rol:- gu , 4ss i:��:-ttt f: ;, t:i:i�s;, Finance Department, Treasury Mgmt. D' •r. , Attention: Gary M. Houck, Asst. Director, w1 copy of permit & receipt attached 93- 40 CITY OF MIAMI SIDEWALK CAFE PERMI'! Name of Food Establishment: Cafe SCi Sci Location: 3043 Grand Ave Phone No. 446-5104 Owner: -Elena Tu:wolillo Phone No, Same Flailing Address: Same as above The application filed for this permit complies with the frfit: `:'ATPr1�r SAS For*h tm Nro' l o-I n k?T of C 4 "If ♦,. .: e.^-. - .. C the City of Miami, Florida. Permission is hereby given to establish a sidewalk cafe, according to the conditions hereon, in City Code Section 54- 115(b) and 54-116, and according to the approved plans and specifications pertaining ther:to, subject to compliance with the ordinances of the City of Miami. THE CITY SHALL BE HELD HARMLESS FOR ANY ACTION ARISING THROUGH ISSUANCE OF THIS PERMIT. THIS PERMIT SHALL BE TEMPORARY - AND SU'ECT TO REVOCATION. Permit issued 2 , 198�S-', Life of Permit 1 year period ending ,���,�. 198 9 DiVector, Public Works Dept. JEM/wpc/ab/B455 93-- 40 I1,l.,li._i,.,..1.!... .a . , 6.. � ._� � Cr,r CW NUAM, �rw%- ., o J 4244'�� (IW. Sous Tax s DATE _ / ' i ? Q ROD" from ADDRESS -- 1100 DOLLARS Thig Racai trnot VALIDk •-ftl� and signed y outhOdZW and Division dmignatad hereon. FCOM 3810k - Ihm 141 (0, :RENCE No. R.ORIDA - -L...' "t 1 i`1-4--- Dept. CIF' 11 d.rrr aIP A. e,s.,nor 'rA!IAn n ►stAlirant /u/A r*fe SO Sci '5,.A, rrorr !:+-rtur "Ismi. Florie4 "?1' A`ts-n!ior.: I°s. E'pn* Turolillo ^ear M+s. Tuiqol i 1 lo: Sidewalk Cafe Pernit Enclosed pieese find a copy of the Sidewalk Caft Permit for your estAh?istrent. Pte3sA have the appropriate person execute this form in the Soace ParkPd 'owner•, r►nd return it. 'We will fQrwAr! a copy for your files 00" it has been execu'r. d by tin "'re'*nr of the Departaent of Public Works. 10 - have Ae ^rrin-R that your eitablishment is ►ttilizinr rsn square feet of si OwSlt sander this permI t. As Der t!+e Si dewnl k Safe erlinance you gill bt chorged a fta of S22•1`^ squoro foot or Sa*;rr.nn per year. Your application fev or SIS6.40 Will be cree4 tad tawrds your first year's pere►i t fee. Tl�ersfore. please. roolt a check paya+bi# to the City of i4isaai in the a*ount of Sli.: I'` on with the esetuted pervoi t form. Fin*11yg your attentioR is called to the fact that the tables anl' -."airs oravi dad by you within th* public ri gho-of-way arr. to Nr available'for us* by th• general public whether patronizing your estaEblishront or not. Phase be certain that your enpteye*.s sro familiar with thts and all paelative portions of t%e Sidewalk Cafe "rOPOA=•. Thank you for your attention. Sintp,rely j trtina Construction Engineer r 3 bc: Construction 9 3 — Central 44 .3AS CONVORATION Main Office: 703 Northeast 63rd Street Miami, r1ar ida 33138 'telephone: 4 3031 757-3207 February 9, 1988 CITY OF MIAMI DEPARTMENT OF PUBLIC WORKS ATT: Mario Pons 275 Northwest 2nd Street Miami, Florida 33128 Dear Mr. Pons: rrn rw 12 P8 Oft, (J." .., 'I. This letter is to confirm that I, Barry Brilliant, have no objections regarding the tables that are stationed on the sidewalk of the restaurant (safe Sci Sci. If I can be of any further assistance to you, please do not hesitate to contact me. Thanking you in advance for your cooperation in this matter. vey truly ydurs, Barry 11A�* Author red Agent SAS/lm;nf 93- 40 DONALD W. CATHER, P.E. qdIrc ' CESAR M. 0010DirectorCity Manger CERTIFIED MAIL - RETURN RECEIPT REQUESTED August 14, 1987 Cafe Sci Sci In The Grove 3043 Grand Avenue Miami, Florida 33133 Gentlemen: Sidewalk Cafe Permit Your application for a permit to place and maintain a sidewalk cafe, as provided for in Article VI of Chapter 54. of the Code of the City of Miami, Florida, is denied for the following reason: The requirements for insurance coverage as set forth in Section 50-115 of the City Code have not been met. I am sending you a copy of a memorandum from the Department of General Services Administration of the City of Miami which provides additional information on this denial. If you care to pursue this application, you may submit additional documentation correcting these areas of deficiency for review. If you or your insurance carrier requires additional information, you may contact Ms. Nancy Bahn at 579-6740, or Mr. Lowman at 579- 6874. Sincerely, Donald W. Cather, P.E. Director DWC:WAL:vh Encls. cc: Sergio Rodriguez, Director of Planning Carlos Garcia, Director of Finance Joe Genuardi, Building and Zoning Department Nancy Bahn, General Services Administration 93- 40 DEPARTMENT OF PUBLIC WORKS/275 N.W. 2nd Street/Mixrni, Florida 33129/00% S794556 CITY OF MIAMI. rl-ORIDA INTER -OFFICE MEMORANDUM TO Mario Pons, Construction Division DATE August 10, 1987 VILE Public Works Department j SUBJECT ! Insurance Review for Sidewalk Cafes _— Nancy Bahn,1 A sistant Director REFERENCES FROM General Services Administration ENCLOSURES -_ APPLICANT: Cafe Sci Sci In accord with the requirements set forth in Article VI, Section 54-115 of the City Code, the applicant's insurance coverage has been reviewed. Below are listed the requirements and an indication as to whether each requirement has been met by the applicant. If all requirements have not been met,. the application is denied until such time as the requirements are satisfied. Signed statement that permittee shall hold -harmless and indemnify the City, its. officers and employees for any claims to property, or injury to persons, which may be occasioned by any activity carried on under the terms of the permit. MET NOT MET __K_ • Public Liability insurance including food products liability in the amount of $1,000,000 per occurrence for claims, or bodily injury, including death, which may arise from operations under the permit or in connection therewith. MET NOT MET x Property Damage insurance in the amount of $1,000,000 per occurrence for claims which may arise from operations under the permit or in connection therewith. MET X NOT MET On each policy, x,Q City of Miami, its officers and employees shall be named as additional Insured. MET X NOT MET Statement from the agent or insurance carrier/s that each policy shall not terminate or be cancelled prior to the completion of the permit period without 45 days written otice to the Insurance Manager, General Services dministration Department, 1390 N.W. 20th Street, Miami, i�. 33142. NET NOT MET X 93-- 40 _u x Insurance Review for Sidewalk Cafes Page Two Submission of proof of coverage in the form of an industry standard insurance certificate is acceptable. Insurance coverage shall be at least for the initial permit period, and shall be required to be kept in place and submitted for review for any subsequent permit renewal periods. Please call fancy Bahn at 579-6740 if you have any questions. 93- 40 CE -4OoU-EA MIDLAND INSURANCE 7884 W FLAGLER ST MIAMI FL 33144 -t•.SuREO IS ELENA'S ITALIAN RESTAURANT INC D.B.A. CAFE SCI SCI 3013 GRAND AVE MIAMI FL 33133 THIS CER IFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONF'EpS NO RK#hii UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEHEy EXTEND " ALTE91 THE COVERAGE AFF646CO BY THE POLICIES BELOW COMPANIES AFFORDING COVERAGE COMPANY LETTER A OR ION NA COMPANLETTERY 13 GREAT ApME�RICAN SURPLUS LCOMPANY An ET EA c V� 1 G o �VIIf COMPANY LETTER COMPANY E LETTER THIS IS TO CERTIFY THAT POLICIES Of INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REOUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS, AND CONOI- TIONS OF SUCH POLICIES. Ta� TYPE OF INSURANCE GENERAL LIABILITY A COMPRE-ENSNE'ORM PREMISES MRATIONS vIIOERG;OUNO EXPLOSION & COLLAPSE HAZARD PRODUC'S COMPLETED OPERATIONS CDNTRACTUAL INDEPENDENT CONTRACTORS Ll BROAD IORM PROPERTY DAMAGE PERSONA. 'NJURY I I AUTOMOBILE LIABILITY ANY AUTO A.L 3Y+NED AUTOS IPRIV PASS I A_L CWWNED AUTOS (DOPER THAN) ASS H REJ Aj"m %-N OV.%EJ AUTOS GAR"! _A91LI-Y EXCESS LIABILITY B 'IgRE ' ;ORM C'nER '-AN JMBREL.A ;ORM WORKERS' COMPENSATION C AND EMPLOYERS' LIABILITY OTHER POLICY NUMBER I POLICY EfFECTNE DATE (MWMYY1 MP0339-21-62 CL 507630 09/25/8 CI'!'Y or mixNit NOV 9 1987 CENERtl SERVICES AOMIRISTRATI91 %Tczi 1R-%N�'.. . 1 .%NAGEN11''N" LIABILITY LIMITS IN THOUSANDS POLICY ;YPIRA'ON -DATE JCCuRREkCE AGGREGATE /25/88 INJURY $ 500,00 500,OC PROPERTY - DAMAGE $ $ 09/25/87 � 09/25/88 ,cSCRlp- ON Ox OPERATIONS-LOCATIONSNEHICLES SPECIAL ITEMS y— ^�— RESTAURANT WITH OUTDOOR CAFE ADDITIONAL INSURED:CITY OF MIAMI ITS OFFICERS AND EMPLOYEES al a PO COMBINED I $ Is PERSONAL INJURY i $ , 000 • M, kk*v $ IPxA KRsoo aMkT 4ARV PEA Amh7 $ PA0PERTY DAMAGE $ 81 a l� COMBINED $ alaPNEo $500,00d$500,000 COBt STATUTORY ioCH AI.CIDENT LASE POLICY OkliT, 101SEASE EAC-E'APwnycc CITY OF MIAMI/GENERAL SERVICES ADMINIS IAULD ANY OF THE ABOVE DESCRMED POLICIES BE CANCELLED BEFORE THE EX• 1390 NWgO ST PIRATICy, DATE TNEREO , THE ISSUING COMPANY WILL ENDEAVOR TO �!°' MAIL 0 DAYS WRI TILE TO THE CERTIFICATE HOLDER NAKED TO THE MIAMI FL 33142 LEFT. BUT FAILUFS TO �,{�MpOSE NO OBLIGATION OR LIABILITY ATT • NANCY BARN OF ANY KM UPON THE COW ITS A OR R S NYATIVES. AUTHORIZED FXFWSE o 7 1 � h the department of public works. Se.id permit fee g!)all be waived by the Department of Public ta-fk! upon the appllcant'a request,_ for any proposed Sidewalk cafe If said waiver requelt I! made before the sidewalk cafe permit Is Issued, Gmd the proposed sidewalk cafe site Is located In • Community Development Target Area. as defined by the City of Miami Community Development gepartment. Such waiver request shall require presamtatlon of a form letter from the City Of Miami's Community Development Department evldemeing that the application -site Is within a target area. The waiver period shall be alto-speclf IC transferable to a new operator at the same location, and shall run for one (1) consecutive 12 month Der lod following the initlai permit approva'tl for said location. Any transfer shall only be valid for the balance of the 12 months remaining. The permit fee shall be due and payable for all subsequent years of operation at such locatlon. Sec. 54-112. Permit Application. (a) Application for a permit to operate a sidewalk cafe shall be made at the department of publlC works In a form deemed appropriate by the director. Such application shall Include, but not be 3lmlted, to the fallowing Information: +4+(9) A copy of current liability Insurance; +*+p(4) A drawing (minimum scale of one -forth (1/4) Inch equals one (1) foot showing the lay -Out and dimensions of the existing sidewalk area and adjacent private property, proposed location size and number of tables, chairs, umbrellas, -3- 10854 93- 40 locations of doorways, location of traps, plirkinp meters, bus smeitars, sidewalk bememes, trash reeeptScles. and any other sidewalk obstruction either existing or, proposed within the pedestrian area; and J4}t51Photograpns, drawinigs# or manufacturers' brochures fully describing the appearance of all proposed tables, chairs, umbrellas. or other Objects related to the sidewalk Cafe. (b) Applications shall be accompanied by a nan- refundable application fee of one hundred fifty dollars (111150.00): be 00-wrowed— • e r Sec. 54-114. Standards and Criteria for Application Review. The following etandard* and criteria shall be used In reviewing the drawing required In section • r r• Section 2. All ordinances or parts of ordinances Insofar as they are Inconsistent or In Conflict with provisions of this ordinanco are hereby repealed. Section 3. If any section. part of this section. paragraph. clause, phrase or word of this Ordinance 1s declared Invalid. the ren+aining provisions of this Ordinance shall not be affected. Section 4. This Ordinance *hall beCoe+s effective thirty (30) days after final reading and adoption thereof. PASSED ON FIRST READINM dY TITLE ONLY this 14th day of lebruary . 1991. -4- 10854 93-- 40 i PASSED AND ADOPTED ON SECOND AND F I NAL READING tM i s 14Ch day of March 1991. 1 XAVtER L. 3UA EZ. MAre-w- ATTESTi v M MIRAI CITY CLERK SUBMITTED BY: AL IS,,A. P IETO-PORTAR, Ph,O.. A.E. -� DIRECTOR OF PUBLIC WORKS LEGAL REVIEW: JOEL E. MAXWELL CHIEF ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: JORGE L. FERNANDEZ � CITY ATTORNEY LJM/M/db/9C/M70G -6- J0854 93- t0 r o (0: 0 0 I a tl l� _ e CERnFICATE OF USE FOR INFORMATION CALL: 350.7967 MATE ISSUE© VALID FROM 1 / 1. I. / S i TO. INSPECTION NO.: s ,' . ' U 7 a •7 - OCCUPANCY ADDRESS r CAft Sti•'+Cl ;rT �k SW45 ;itAmi Ai VL PE F USE: I�t#tip 331:s Nr:. O FEE. S 2 - � CORRECTED FEE S l :_PLEAS DISPLAY TMI8 CERTIFICATE IN A CQNSPICUOUS LOCATION AT OCCUPANCY ADDRESS 3 FAVOR OE A4OSTRAR ESTE CERt1FICAL":' _v UN SiT.11 V'SIDLE EN •: •)iHE,:-'_!t,�� :!E C'./t'� j '�'•'.i t4f•:' `Vi ,- �y' %ate ..=•��).�sn �4��►.:. t =ice yet tY' r•1 - ' VAESPA� Ar �f.j,@� .� N 1. 1 � .. • t i•, t •.: `.�� . "�• � q� - -lam � ►� '. +' g= '. ,: :t+ •�i c � :��� • •� '��" fr, fx� I '�ydT'�1 •a.- .! ~ /4i ! Zb • o1y � . i '" a sr y� •j,.�'.it _ . iJ,':.r • � awry! �4¢f �[ �` �. if t i ..ti � •� •+f '' � •b ��iytdd aid.• •f�. `.f.�rt• w� �i t J • - f 93- 40 LAW Ov'r,CES SY CMADROFF, P.A. S�CNAOROrr CAVI© RUYK4AN • aLSO ♦DMITrED 13. Harms Code Inspector City of Miami. Department of. Public Works 275 NW 2 Street Miami, Florida 33128 0 2700 S N 37- AVENUE (DOUGLAS 900AO) MIAMI, FLOR10A 33133•2726 -r,EO.CNC i7051 44d 5CCB June 3, 1987 Re: Cafe Sci. Sci 3043 Grand Avenue Dear Mr. Harms: Enclosed with this letter is the Landlord's Consent regarding the application of our client, Cafe Sci Sci, to obtain a sidewalk cafe permit from the City of Miami. I believe with this letter I have now enclosed all the info=ation and material required by the City, If I have rnutted anything, please let me know. Very truly ydlurs, DR:etb Enc. 93- 40 LAFLPM_-Z s21-'9JENT THE UNDERSIGNED. JANMAR CORPORATION, ti-le landlord and - owner ,f the premises located at 3043 Grand Avenue, Coconut Grt,ve, Miami, Florida 33133, gives its written approval with this document, for the tenant ELENA'S I':ALIAN RESTAURANT, INC.. d/h/a - CAFE SCI SCI, to operate a sidewalk cafe. This authorization is being executed in order to induce the City of Miami to provide a sidewalk cafe permit currently being sought by ELENA'S ITALIAN RESTAURANT, INC. Attached to this document are the business lease and the addendum covering the premises. _ This document is signed this 2_ day of May, 1937. i Witnesses: JANMAR CORPORATION c U irst out a Managemer tZ .,� Inc. 703 NE 63 Street Miami, Florida 33138 N 3 b MIDLAND INSURANCE 7884 W FLAGLER ST MIAMI FL 33144 INSURED ZZ ELANOR ITALION RESTAURANT D.B.A. CAFE SCI SCI 3043 GRAND AVE MIAMI FL 33133 E--ill ' iA ` 10i _ _05J05187 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY ANC CtiCEPS NO PIG,HTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE OC'£S %C' EXTEND OR ALTER THE COVERAGE AFFORDED 9� THE POLIC'EE BE- D Al COMPANIES AFFORDING COVERAGE LEOTMTERNY 'A GREAT AMERICAN SURPLUS COMPANY LETTER COMPANY c LETTER COMPANY LETTER COMPANY IE LETTER THIS IS TO CEIITIFY THAT POLICIES CFI NSURANCE LASTED BELOW HAVE BEEN ISSUEDTO THE INSURED NAMED ABOVE FOR THE POLICY oEa O^ ,+,C r.%-r: NOTWFTHSTANONG ANY REOUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CER--v 4: A _E BE WSUEO OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLLISI'CtiS TAONS OF SUCH P'OUC E9. TYPE OF INSURANCE POLICY NUMBER =0L'CY rrrr1,1ryF DA-E VV DoYv,yy- P,-,,C�. -Ap L;aElI 'T� Iti '++CJSa••: S GENERAL UABILT/ COMPREMENSNE FOAM GCO�L• h'ua• S PREMISEW SRAT10NS UNDERGROUND EXPLOSION & COLLAPSE RALARD PRODUCTS+'COMPLETED OPERATIONS CONTRACTUAL NOEPENOENT CONTRACTORS BROAD FORM PROPEATY DAMAGE PERSONAL INARY AUTOMOBILE LIABILITY ANY AUTO ALL "ED AUTOS IPRN PASS I ALL OWNED AUTOS ( Div A ASS THAN HIRED AUTOS NON•OgiNEO AUTOS GARAGE LIABILITY EXCESS LIAS LITY UMBRELLA FORM. OTHER TKgHXSFLLA wu -Wl$' COVA4DMTNON AM EMPLOYERS' L.IA3lJTY S.M.P. 11220 9/25/8 09/25/87 PROPEp ,A-.-,E gf 300,00%300,OC COv5'__ oEa�O•..:. _ I II I i 'sc r:---•-J ••-- - ' -- f I II PR CL 507630 05/05/ 7 I 0 /05/88 � •s'..,is700,000 �00,000 I , S15 I •ION OF OPERATIONSILOCATIONSNEIiICLE!JSPECIAL ITEMS RESTAURANT WITH OUTDOOR CAFE ADDITIONAL INSURED:CITY OF MIAMI 65 SW 1ST MIAMI FL 33130 CITY OF MIAMI SHOULD At�l OF I ABOVE DESCRIBED POLICIES BE CANCEL:EC ElEcORE '-E ; r PIRATION ATE THEREOF, THE ISSUING COMPANY %MILL EN�sa.:a 65 SW IST MAI DAY WRITTEN NOTICE TO THE CERTIFICATE HOLDER 4AME. MIAMI FL 33130 BUT'FA TO AIL =*A� ALL IMPOSE NO OBLIGA - IC►+ :,A L as!- I ANY KIND U NTH PANY. ITS AGENTS OR REPRESE_NTA_TAES AU Al2E R T TI 93 ` (� LAW O"ICES Sy CHAD OFF, P.A. 2700 S w 37- AvENuE Sy C+4A0001'r J tOOt�GLAS p6sO) OAV+O PUTMAN • MIAMI, FLORIOA 33133.2726 *e, co-�cNe t305! AAA `gOC2 • AL$Q gOMItTEO �N N M B. Harms (ode Inspector City of Miami Department of Public Works 275 NW 2 Street Miami, Florida 33128 May 26, 1997 Re: Cafe Sci Sci 3043 Grand Avenue Dear Mr. Harms: Attached to this letter is a swatch of the fire retardent material used in the umbrellas at the sidewalk cafe of our client, Cafe Sci Sci. I am sending this swatch as an addendum to the application for sidewalk cafe permit filed May 15th, with Mr. Cather, I trust the material meets the standards of the City. If 1 can provide further information, please contact me. very trvl so,VID DR:emb Enc. 93- 40 CTTY OF MTAM! APPLICATION FOR SIDEWALK CAFE PERMIT IMPORTANT NOTICE - READ CAREFULLY BEFORE COMPLETING THIS APPLICATION. Your sidewalk cafe Permit will be issued under the provisions of Article VI of Chapter 54 of the Code of the City of Miami, Florida. You are cautioned that the license does not permit operation of a business in violation of other City Code sections. Your business location will be checked by the following departments, Public Works, Planning, Fire, Rescue and Inspection cirvi.ces, and Finance (License and Risk Manaqe?rmsnr. Divisions). If you have any doubt that your business locaticn conforms with the recuirements or the City Code administered by these denartments, you are urged to contact said departments for further information before filing this application. APPLICATION FEES ARE NONREFUNDABLE. Aoplication is hereby made for a revocable permit to operate a sidewalk cafe in accordance with Article VI of Chaof-,er 54 of the Code of the City of Miami. the Permit fee is $500.00 per year. I understand that the Application Fee of 5150.00 is permit and is nonrefundable. tnt or Take -Out food establishment: te-, it Phone No. Phone No. T 3Ct '4'. I.C,Z CA 1W Expiration date: <'ez,,A. Expiration date: j=L- lr.k ;urance, apan y ___e Z 46, i 4.F I fop 'el 2 93- 40 .. ,. .. .. . .. .. � � . . , ,. .. _ sa4.. .... ' .: ` :.. y '' � .. ,' �.. �~ . � • � �� � � `' A � 1 , ,,�. f Date of Expiration Has drawing of layout and dimensions required by City Code 554- 7112(a)(5) been supplied? Has evidence of table, chair, etc., appearance required in City Code 554-•112(a)(6) been supplied? .�._ . I have read City Code Section 54-115 and understand that i shall execute a hold -harmless agreement and provide valid proof of required insurance as a condition precedent to the City's issuance of the herein requested permit. 3 ? �atur App ca Tft� �t I shall ehe City of Miami, its officers, agents and x employees free and harmless from any claims for damages to persons or property including legal fees and costs of defending any actions or suits thereon, including any appeals therefrom, which may result from the granting of this permit. dignature of Appl c t Title Date FOR OFFICE USE ONLY Below listed departments should check and return to the — Permit Section of the Public Wor Dept. Planning Dept. -- / Approved/Denied (circle one) Date — comments• Finance Dept (License Div.) --- Approved/Denied (Circle one) Date • ` — Comments: , Finance Deet. Risk Management Div.) -Approve ffltn ted- (circle one) Date = . ell 93- 40 Comments: De t. (Bldg. a Zoning) Approve /Denied�(Circlene) Date �-� r t Comments: Public 4v Permit 41P,90v I/Denied Method of Notification: Comments: Date Applicant Notified in Writinq: Date: Met.�od of Notifications El / and (Circle one) Delivery: $5O0.O0 Permit Fee Paid Date: Proof of Insurance Obtained Date: Hol: 14a,.miess Agreement provided: Date: ARV Permit Issued: yes/no (circle one) -- Date: Pern1.: #F Expiration Date: JEM/wpc/ab/8411 Date: 93- 40 SAW 0rcrCc_9 SY CNAt,?ROF"F, P.A. 2100 S Jr 59 AYQ�Vi ffi� CMaOpO�r f00uGLAS MOAO) OAVIO OUTMAN • MIAMI. FL.ORIOA 33133•97M9 • ^,SO AOWT190 1w N T 'C_t:a.ONt i305) d.Od SOC2 May 15, 1987 — Donald W. Cather Director of public Works — City of Miami. '- 275 NW 2 Street - Miami, Florida 33128 Re: Cafe Sci Sci 3043 Grand Avenue Dear Mr. Cather: - This office represents Elena's Italian Restaurant, Im. doing business as Care Sci Sci. Our client forwarded to us your notice of violation dated April 23, 1987. I hope you can forgive the delay in getting this application back to you, as certain personal matters prevented my attention to this any sooner. Enclosed you will find the various items required sander Article VI sidewalk cafes: 1. A copy of the City of Miami license. 2. A copy of the City of Miami certificate of use. 3.. A copy of the current liability insurance policy. 4. A drawing of the promises. 5. A check for $150.00 made payable to the City of Miami. 6. Photographs shmdM tables, chairs and umbrellas, etc. If anything that you require has been anittsd, please feel free to contact ne and I will rush any further r aterials to your office. DR:emb Enc. 93- 40 S • r� WY OF MIAMI, FLA., OFFICIAL RIC11" J 4 0 8 416 InCI, Sales Tax 1S Recsivsd from DATE t "YG ADDRESS I sa 4,-1 ..et v 76.. ..Y�c►� o �� � o _ 1100 DOLLARS FOR This Receipt not VALID unless dated, fitted in and signed by authorized employee Of Dept. and Division designated hereon. FORM 367A • Rai. 141 "s.. REFERENCE No. CITY OF MIAMI, FLORIDA • �� Dept. ��'� Division State of Flonda Solos Tax a 04-00063-0.23 „ City of Miami a OFFICIAL RECEIPT 11. -9 0496244 244 $ �p �� (Includes Sales Tax $ -) Date: (7� 'AAdA Q[6..dwlL i100 Dollars Received from: ef(: Address: Far: This Receipt not VAUD unless dated, titled in and signed by authorized am- ployee of department or division desig- nated hereon slid unbi the City has col- lected the proceeds of any checks tendered as payment herein. C I FN/TM 402 Rev, 10/88 r w///Yv cr"* f qy enP4 No: By: Department Division: Distribution: While - Customer, Canary - Finance; Pink - Issuing Department 1 93- 40 U METROPOLITAN DADE COUNTY; FLORIDA ME TRO9 DAN DEPARTMENT OF PUBLIC WORKS TRAFFIC SIGNALS AND SIGNS DIVISION 7100 N.W.36TH STREET MIAMI, FLORIDA 33166 (305) 592-3580 September 8, 1986 Mr. Erno Rosa City of Miami Public Works Department 1060 N.W. 20 Street Miami, F1 33126 RE: Sc i-Sc i Restaurant 3043 Grand Avenue Dear Mr. Rosa: We are forwarding a photograph which indicates a visual obstruction at the captioned location creating a problem for westbound motorists. Several potted trees have been placed along -side the curb on the sidewalk partially blocking a school speed zone ills MPH(", sign from view of the westbound traffic. Any effort your forces can take to corthis problem re confronting the motoring public would neatly appreciated. SIP:mms Attachment cc: Thomas A. Hoagland L � %4 Sincer S h el-ft n Chief Traf f is yoprs, .J/Pivnik, P.E. gnats and Signs Division 93- 40 61 a POLAROID GUIDE LINE i; li i ! 33 MM GUIDE LINE �E. LOOKING N S E W :i tq 2 = I LOOKING N 8 E ii LOOKING LOOKING N S E W 93- 40 N IE W 0 POLAROID GUIDE LINE 35 MM GUIDE LINE LOOKING N s E W LOOKING N S E u 6i �, MX; 1 LOOKING LOOKING N 5 E W 93- 40 N IE W � e 's1 tl Q n i m o nv z x v a — moCl mrno a � x e v n October 31, 1984 Elena's Italian Restaurant D.S.A. Cafe Sci, Sal in the Grover 3043 Grand Avenue, Suit• A Coconut Grove, Florida 33133 Gentlemen: PLAME:IT GF TAWAS AND CHAIRS WITIM THE PUBLIC RIGHT OF WAY By this letter the City of Mad is approYf ng, on a temporary basis, your placeamt of tables and chairs within the public right of way in front of Cafe Sci S,ci in The Grove. The approval is b"ed on the plans and specifications you hart prmsonted to the Department of Public Works. At the present tim, the Coconut Grove area is not included in the ordinsaee eatablisb►ed for permitting these types of astivities. We will keep your informa- tion on file and miLl, ps isse it at the appropriate time. If the departm ut can be of furth*r assistance to you please contacit-Mr. Ladman at 579-6874. Sincerely, Donald W. Cather, P.E. Director DKC:WAL:vh Jack Eade, Assistant City Manager Planning Dspartmmt bc: Construction Central Files 93- 40 ccrY o Nf..M. F'_0R10A INTER -OFFICE MEMORANC)UM Luther C. Long September 28, 1984 LE Construction Engineer Department of Public Works -_ Sidewalk Cafe - 3043 Grand Avenue A Mary Blackwood Hyams 11."', Assistant Risk Manager We have reviewed the Certificate of Insurance supplied by Elena's Italian Restaurant, and find that it is not in compliance with the recent side cafe ordinance. The restaurant has not pro- vided us with evidence of their having obtained Products and Completed Operations insurance, or information regarding the actual insurance company who will be providing coverage. In addition, the City has not been named as an additional insured on this policy. If the management of Elena's Italian Restaurant have any IR questions concerning our review of this insurance, please let me know. I'll be happy to discuss the requirement with their insur- ance agent, if necessary. Please also note that we have received a Certificate of Insur- ance for an organization known as C.B.H. Management Service, Inc. dba Original Farmhouse Cookies, located at 3468 Main Highway in -- Coconut Grove. It would appear that these individuals are inter- ested in obtaining the use of the sidewalk for Sidewalk Cafe. I referred them directly to Walter Lowman at 6874, however, you may wish to follow up on this to determine if they are in com- pliance with the ordinance. MBH/mb J� 99- 40 Donal I. Stewart September 13, 1984 Lease r anger Risk Hanagement Division SIDEWALK CAFE - 3043 GRAND AVENT . Luther E. Long Construction Engineer Department of Public Works Certificate of Insurance We have received a request for a Vermit for the establishment of a sidewalk cafe in front of Elena s Italian Restaurant, located at 3043 Grand Avenue. I am enclosing s Certificate of Insurance from Professional Underwriters, Insurance issued to Elena's Italian Restaurant showing the City of Miami as the certificate holder. Would you kindly review this certificate and inform me as to whether or not it complies with the recent sidewalk cafe orddihance requirements. If you need further information concerning this matter, please contact Walter Lowman at 574-6874. WAL:vb cc. ConstrucrA.i M Central Files 93- 40 `TMIWCE.RT1f11['AlE? i4'ii�glll�.kiMil THt�'i'GfRTtIitATt ' [><1E,5' ?'tOi; AMt`NEIIe 1 ! OktT''RNC�C µ,GlTC3`'ti!'Oi�6tiiF'�CE1:1"ttFtCAit!_"►tt�t.flt�ll� cQueaAriE.x�so1#�gttlr-ry�.�+rnEctts i,srta'i�tov#' �' • COMPANIES • ' t NAME AND J' INSURED IN -- -- WPANY — ELEWS ITALIAn REST. MIA TTEP = CAPE SCI SCI 3043 grand Avenue Ste. A .,MPANY "'P — Coconut Grove, Fla. 33133 )MPANY E I TER Th,S is to Certify, that policies of Insurance listed below have been ISSUed to the InlUrod named s MVe and are In force at this tame. Notwithstanding any requirement, term or Carlo tion �- of any contract or other document with reseecl to which this certlfrcate may be Issued or may Pon". the Insurance afforded by the polK,es described herein Is subject to an the terms. exclusions and conditions of such policies. _— Limits O L!a i t it nGusln ! Ij'^`R COMPaN. I-- `Er.rp T.PEOrrNSJPANCE POLICY NUMBER PoLIr_. EXPIRATION DATE �--"—'" EACH AGuREGA'E I i GENERAL LIABILITY l r� BODILY IN1URV 1 � ,y c ^''viSES-.'P(aAT10N5 �} T e 17. • 9I1 j35 PROPtRTv DAMAGE S S =- 1 '51CY AND •=DILAPSE il_^i •-lap^ Lj LJ OPEPAhONS -AIAPD I BODILY INJURY AGO NrJRANCE PROPERTY TV DAMAGE i S1 8RCA0 rORM PROPER"' COMBINED 00013¢ + F" , AMAGE — •.EPENCEN• CONTRACTORS I = Pr—INAI RV ^ I (J �rggr•r.�A• ry1LRv f 1 nnt%n I AUTOMOBILE LIABILITY BODILY INJURY r IEACM PERSON; l .oP(�(N5 vE COP.., BODILY INJURY S J c,.+Fitt O (EACH ACCIDENT) PROPERTY DAMAGE S BODILY INJURY AND _ .,\ ::.tiE= °RCPERT-DAMAGE j $ cnvcaa clnal�Il , ,�. BOD'.v' INJURY AND } '�BREL,A rORM PROPERTY DAMAGE S (� "'En ""AN UMBRELLA r J0LA i COMBINED WORKERS' COMPENSATION STATUTORY l and ENIPLOYERS' LIABILITY : OTHER i l CES::'o- ; Cr .rou:� ,c _�. •7I34SNEMICLES i 1E Caricallation: SnoulEJ any of the above desq�ed policies be CanCClled before the expiration date thereof. the Issuing co"I �+ cany will endeavor to mall days written notice to the below named certificate holder. but failure to mall such notice Shall (moose no obligation or :iab,• ty of any kind upon the Company. • NAME =NO ADDPESS Or CERTIFICATE HCLOEo ! CITY OF MIAMI, ITS OFFICERS AND DATE'SSUED S/2 4 EMPLOYEES, RISK MANAGEMENT DIVISION ' IOF THE DEPARTMENT OF FINANCE, 1 4 I OI RECTOR OF PUBLIC WORKS AurnpRIYED WIT (P S� A'tE 40 ald�A� ••�Ui�a 25 ()•r9) J-64-239 6/14/84 ORDINANCE NO. a s 4 s AN ORDINANCE AMENDING CHAPTER 54 OF THE CODE OF THE CITY OF MIAMI, FLORIDA ENTITLED "STREETS AND SIDEWALKS,- BY ADDING A NEW ARTICLE VI ENTITLED "SIDEWALK CAFES" PRO- VIDING FOR THE ESTABLISHMENT OF SIDEWALK CAFES IN THE GENERAL AREA BOUNDED BY NE/NW STH STREET ON THE NORTH, BISCAYNE BOULEVARD ON THE EAST, AND THE MIAMI RIVER ON THE SOUTH AND WEST, FURTHER, PROVIDING FOR PERMITS, FEES, RULES AND REGULATIONS AND APPEALS; PROVIDING FOR REVIEWi AND CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. 1 WHEREAS, the Downtown Development Authority has demonstrated a continuing interest in improving pedestrian ambiance along downtown streets; and WHEREAS, studies by professional consultants indicate a shortage of dining opportunities available in the downtown area to serve the needs of workers and visitors. WHEREAS, the Downtown - Miami Business Association has expressed interest in allowing restaurants to provide outdoor food services on sidewalks within the downtown area; and WHEREAS, the establishment of sidewalk cafes enhances the appeal of the City to tourists, thereby providing needed support to a vital regrowth of the City's economyi and WHEREAS, established sidewalk cafes will be accessible to the general public, thereby providing additional opportunity for relaxation and enjoyment of the unique climate which symbolizes South Florida; and WHEREAS, experimental temporary sidewalk cafe establishments were previously authorized by Commission Resolution 81--1072 and notions 83-1157 and 83-1160; and WHEREAS, the establishment of the herein described sidewalk cafe zones are deemed to be in the best interest of the health, safety, and general welfare of the citizens of Miami. 93- 40 NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA. Section 1. Chapter 54 of the Code of the City of Miami is hereby amended by adding a new Article VI entitled "Sidewalk_ Cafes" to read as follows. 1 — I "ARTICLE VI. Sidewalk Cafes. Sec. 54-108. Permit Required. Operating a sidewalk cafe on City sidewalks shall be unlawful without a permit. No person shall conduct business as herein defined without first obtaining a permit from the Director of the Department of Public Works and paying the fee therefor to the Director of Finance or his designee. It shall be unlawful for any person to operate a sidewalk cafe on any sidewalk within the City of Miami except as provided by this Article. Sec. 54-109. Definitions. "Cafe zones" means that area bounded by Northeast - Northwest Sth Street on the North, Biscayne Boulevard on the East and the Miami River on the South and West; and "Director" means the Director of the Department of Public Works. "Permittee" means the recipient of a sidewalk cafe permit under the terms and provisions of this Article. "Sidewalk" weans that portion of the street between the curb lines or the lateral lines of a roadway and the adjacent property lines intended for use by pedestrians. "Sidewalk Cafe" means the placing, locating, or permitting of the placing or locating of chairs and tables within the sidewalk area adjacent to a business licensed to operate as a restaurant or take-out food establishment. See. 54-110. Boundaries. Sidewalk cafes shall only be permitted within geogra- phical areas designated "cafe sones" by the City Commission and set forth in the definition section of this Article. Sec. 54-111. Permit Fee. The annual permit fee for establishing or maintaining a sidewalk cafe shall be $500.00. Words and/or figures stricken through shall be deleted. Under- scored words and/or figures shall be added. The remaining provision are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. -2- 93- 40 Sec. 54.112. Permit Application. (a) Application for a permit to operate a sidewalk cafe shall be made at the Department of Public Works in a form deemed appropriate by the Director. Such application shall include, but not be limited, to the following information: (1) Name and address of the applicant; (2) A copy of a valid business license to operate a restaurant or a take-out food establishment adjacent to the sidewalk area which is the subject of the application. (3) A copy of a valid Certificate of Use for the building frontage adjacent to the sidewalk area which is the subject of the applica- tion; (4) A copy of current liability insurance; (5) A drawing (minimum scale 1/4th inch equals 1 foot) showing the lay -out and dissensions of the existing sidewalk area and adjacent private property, proposed location, six* and number of tables, chairs, umbrellas, location of doorways, location of trees, parking scoters, bus shelters, sidewalk benches, trash receptacles, and any other sidewalk ob- struction either existing or proposed within the pedestrian area; and (6) Photographs, drawings, or manufacturers' brochures fully describing the appearance of all proposed tables, chairs, umbrellas, or other objects related to the sidewalk cafe. (b) Applications shall be accompanied by a non- refundable application fee of $ 150 which shall be credited toward the first year permit fee, should the application be approved. (c) Applications shall be reviewed by the following departments: Public Norka; Planning; Fire, Rescue, and Inspection Servicess and Finance (License Division and Risk Management Division). (d) Within 30 days of receipt of a completed appli- cation, the Director shall issue a letter of intent to approve or deny the permit. (a) The applicant shall provide proof of necessary insurance prior to receiving the permit. Sec. 54-113. Permit Requirements. (a) No person shall establish a sidewalk cafe on any public street or sidewalk unless such person has obtained a valid permit to operate that sidewalk cafe in such a sanner pursuant to this Article. (b) Permits shall be issued only to validly licensed restaurants or take-out food establishments that wish to provide tables and chairs on the side- walk s) adjacent to their businesses for use by the general public. -3- 93- 40 Sec. 54-114. Standards and Criteria for Application Review. The following standards and criteria shall be used in reviewing the drawing required in Section 54-112(a)(6): (a) Sidewalk Cafes are restricted to the frontage of the licensed restaurant or food service establish- ment to which the permit is issued. (b) Permits will not be issued where the tables and chairs would be placed within 5 feet of bias stops, taxi stands, or counter -service windows. (c) No tables and chairs will be permitted within 5 feet of a pedestrian cross -walk. (d) The area to be considered shall have sidewalks which are ten (10) feet in width or greater. (e) Sidewalk cafes shall be located in such a manner that a minimum six (6) foot wide clear pedestrian path is maintained at all times. In areas of congested pedestrian activity the Director is authorized to require a wider pedestrian path, as circumstances dictate. (f) No objects shall be permitted around the perimeter of an area occupied by tables and chairs which would have the effect of forming a physical or visual barrier discouraging the free use of the tables and chairs by the general public. (g) Tables, chairs, umbrellas and any other objects provided with the sidewalk cafe shall be of quality design, materials, and workmanship; both to ensure the safety and convenience of users, and to enhance the visual and aesthetic quality of the urban environment. Design, materials, and colors shall be sympathetic and harmonious with an urban environment. Sec. 54-115, Liability and Insurance. (a) Prior to the issuance of a permit the applicant shall furnish the Director with a signed statement that the pernittee shall hold -harmless the City of Miami, its officers and employees and shall indemnify the City of Miami, its officers and employees for any claims for damages to property or injury to persons which may be occasioned by any activity carried on under the terms of the permit. (b) Permittee shall furnish and maintain such public liability, food products liability, and property damage from all claims and damage to property or bodily injury, including death, which may arise from operations under the permit or in connection therewith. Such insurance shall provide coverage of not less than One Million Dollars ($1,000,000.00) for bodily injury, and property damage reopeetively per occurrence. Such insurance shall be without prejudice to coverage otherwise existing therein and shall name as additional insureds the City of Miami, its officers and employees, and shall further provide that the policy shall not terminate or be -4- 93" 40 cancelled prior to the completion of the permit period without 45 days written notice to the Risk Management Division of the Department of Finance, and the Director of Public Works of the City of <#Y Miami at the address shown in the permit. ^eec. 54-116. Form and Conditions of Permit. p The permit shall be issued on a form deemed suitable by the Director. In addition to naming the permittee and any other information deemed appropriate by the Director, the permit shall contain the following -_ conditions: }4, (a) Each permit shall be effective for one year - subject to annual renewal. (b) The permit issued shall be personal to the = permittee only and shall not be transferable in any manner. - r (c) The permit may be suspended by the Director when an ordinance or resolution passed by the City _ Commission providing for a "Community or Special Event' shall so provide. (d) The Director may require the temporary removal of sidewalk cafes when street, sidewalk, or utility — repairs necessitate such action. (a) The Department of Public Works of the Police Department may immediately remove or relocate all or parts of the sidewalk cafe in emergency situations. -� (f) The City of Miami and its officers and employees - -� shall not be responsible for sidewalk cafe components relocated during emergencies. (g) The permit shall be specifically limited to the _ - area shown on the {°Exhibit• attached to and made - part of the permit. (h) The permittee shall use positive action to assure -- that its use of the sidewalk in no way interferes with or embarrasses sidewalk users or limits _= their free unobstructed passage. (i) The sidewalk cafe shall be opened for use by the -- general public and such use shall not be re- stricted to patrons of the permittee. tj1 Permittees holding an occupational license or = certificate of use limited to take-out food shall = not be permitted to provide table service in the sidewalk cafe. However, this shall not relieve the permittee of the responsibility to maintain - the sidewalk cafe as required in this section. (k) Tables, chairs, unbrellas, and any other objects provided with a sidewalk cafe shall be maintained with a clean and attractive appearance and shall _.. be in good repair at all times. (1) The sidewalk area covered by the permit shall be maintained in a neat and orderly appearance at all times and the area shall be cleared of all debris on a periodic basis during the day, and again at the close of each business day. -S- 93- 40 (m) No advertising signs or business identification signs shall be permitted in the public right of wayq this shall not prohibit the use of umbrellas carrying company logotypes. (n) No Tables and chairs nor any other parts of sidewalk cafes shall be attached, chained, or in any manner affixed to any tree, post, sign, or other fixtures, curb or sidewalk within or near the permitted area. (o) The permit covers only the public sidewalk. Tables and chairs on private property Mill be governed by other applicable regulations. (p) The permittee shall notify the Director of public Works, in writing, when operation of the sidewalk cafe begins. Said notice shall be delivered to the Director within 24 hours of such commencement. Sec. 54-117. Denial, Revocation or Suspension of Permitf Removal and Storage Fetal Emergencies. (a) The Director may deny, revoke, or suspend a permit for any sidewalk cafe authorized in the City of Miami if it is found thats (1) Any necessary business or health permit has been suspended, revoked, or cancelled. (2) The permittee does not have insurance which is correct and effective in the minimum amount described in Section 54-115. (3) Changing conditions of pedestrian or vehicu- lar traffic cause congestion necessitating removal of sidewalk cafe. Such decision shall be based upon findings of Director that the minimum six (6) foot pedestrian path is insufficient under existing circumstances and represents a danger to the health, safety, or general welfare of pedestrians or vehicular traffic. (4) The persittee has failed to correct viola- tions of this Article or conditions of his permit within three days of receipt of the Director's notice of same delivered in writing to the permittee. (5) Tables, chairs, and other vestiges of the sidewalk cafe may be removed by the Depart- ment of Public works, and a reasonable fee charged for labor, transportation, and storage, should the permittee fail to remove said items within 36 hours of receipt of the Director's final notice to do so for any reason provided for under this Article. (b) Upon denial or revocation, the Director shall give notice of such action to the applicant or the permittee in writing stating the action which has been taken and the reason thereof. If the action of the Director is based on Subsection(*) (s)(2) or (3) of this Section, the action shall be effective upon giving such notice to permittee. Otherwise, such notice shall become effective -6- 93- 40 within ten (10) days unless appealed to the City Commission. Sec. 54-118. Appeals. (a) Appeals shall be initiated within tan (10) days of a permit denial or revocation by filing a written notice of appeal with the City Manager, and a copy of same.delivered the same day to the Director. Any revocation effective immediately may also be appealed to the City Commission by such filing within ten (10) days. (b) The City Manager shall place the appeal on the first non -Planning and Zoning City Commissions agenda for which proper notice can be given and shall notify the Director of Public Works thereof. At the hearing upon appeal, the City Commission shall hear and determine the appeal,, and the decision of the City Commission shall be final and effective immediately. (c) The filing of a Notice of Appeal by a permittee shall not stay an order by the Director to remove a sidewalk cafe or parts thereof. Vestiges of the sidewalk cafe shall be removed immediately, as set out in Section 54-117, pending disposition of the appeal and final decision of the City Commis- sion." Section 2. This Article shall be brought before the Commission for review one year from the effective date. Section 3. All ordinances, code sections or parts thereof in conflict herewith are hereby repealed insofar as they are in conflict. Section 4. Should any part or provision of this Ordi- nance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the ordinance as a whole. PASSED ON FIRST READING BY TITLE ONLY this loth day of _AY v 1964. PASSED ON SECOND AND FINAL READING BY TITLE ONLY this 14th day of „Y june , 1984. EST i C Maurice A. Ferro MAURICE A. , Mayor City Clerk PREPARED AND APPROVED BY: V VifN X. KAXWELL Assistant City Attorney JEM/wpc/ab/262 ME AP OVED AS TO FORM AND CORRECTNESS: 4 — ity Attorney 93- 40 J-87-55 1/8/87 ORDINANCE NO. 1 0 2 1.L AN ORDINANCE AMENDING CHAPTER 54 ARTICLE VI OF THE CODE OF THE CITY OF MIAMI, FLORIDA. AS • AMENDED. ENTITLED "SIDEWALK CAFES," BY ADDING NEW AREAS TO BE INCLUDED UNDER CAFE ZONES IN SECTION 64-109. `DEFINITIONS'. BY AMENDING SECTION 64-111. 'PERMIT FEES". TO PROVIDE FOR PERMIT FEES TO BE IMPOSED ON A BQt7ARE FOOTAGE BASIS; BY AMENDING SECTION 64-114, 'STANDARDS AND CRITERIA FOR APPLICATION REVIEW". AND SECTION 54-116 'FORM AND CONDITIONS OF PERMIT"; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. WHEREAS, the City Commission adopted Ordinance No. 9848 on June 14. 1984 establishing rules and regulations for permitting sidewalk cafes in the downtown central business district; and WHEREAS, the establishment of sidewalk cafes enhances the appeal of the City to tourists. thereby providing needed support to a vital regrowth of the City's economy; and WHEREAS, established sidewalk cafes will be accessible to the general public, thereby providing additional opportunity for relaxation and enjoyment of the unique climate which syrbolizes South Florida; and WHEREAS. special commercial streets and districts in addition to the downtown central business district could greatly benefit from such cafes by providing people with a unique way to experience that environment; and WHEREAS, the establishment of the hereiL described sidewalk cafe zones and regulations are deemed in the best interest of the health and safety of the citizens of Miami; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI. FLORIDA: Section 1. Article VI, entitled "Sidewalk Cafes" of Chapter 54 of the Code of the City of Miami. Florida, as amended, is 93- 40 hereby amended as follows' "ARTICLE CI. SIDEWALK CAFES. Sec. 04-109. Definitions. Cafe zones means: (a) thw--wrga Ue dovntovn Central ru=M district bounded by Northeast - Northwest stir Street on the north. Biscayne Boulevard on the east and the Miami River on the south and vest-: mad W t;rea of Caoonut Grove presently zoned sET-2 ,in the Cfj&UAA 2nxd.ng„ Atl n Meade a part of zgnin.Or.dinanno Ra. asno. j21 snutheast/Southwest 10th Street between EriCYell Avenue and Southwest 1st Avenue. Sall Northwest 7th alreet between Northwest 3rd dylmue and Ngrthyest 1st Caurt . La Northeast 2th Str at between Northwest 2r.d . .... • iZ74 99T. 7091.1 lwtwej. See. 54-111. Permit Fees. The annual permit fee for establishing or maintaining a sidewalk cafe shall be ftve hundred 1� words and/or figures stricken through OuLU be deleted. Ur4essoored weds end 'ar figures sha21 be added. Me rd s=4 prwiaions are now = ref : ec-. and remain ur chu ged . Asterisks indiCate omitted and unch"ad uatr^ A:: . 93- 40 went n�' fuhliC�,WbrYs Sec. 54-114. Standards and Criteria for Application ROviev. The folloving standards and criteria shall be used in reviewing the drawing required ie Section $4- 112(a)C8) (1) Sidewalk Cafes are restricted to the sidewalk frontage of the licensed restaurant or food service establishment to whioh the permit is issued, or g1thin t*e sidewalk frentp,ge Of the building where the ItL%pnsed restaurant or food eerviae establishment —in lneated+ provided that written approval is supplied by the htil ing owner. • • • • L81 4 in0e umbre?las and ether deenrative MAter al ah•i9 ba fire retardant pressure treated. or mAnufactured of fire resistLve MateridI_ Sec. 54-118. Form and Conditions of Permit. The permit shall be issued on a form deemed suitable by the Director. In addition to naming the permittee and any other information deemed appropriate by the director. the permit shall contain the following conditions: (3) The permit may be suspended by the Director When uece u=3 to Cigar sjdswaik are s for a 'Community or Special Event" outhorimad b2 a permit issued by thg Police De; artment . (14) go tables and Chairs nor any other parts of sidewalk cafes shall be attached. Chained, or in any manner affixed to any tree, post sign, or other fixtures. curb or sidewalk within or hear the permit, -3- 93- 40 Section 2. Ali ordinanoes, code sections or parts thereof in conflict herevith are hereby repealed insofar as they are in conflict. Section 3. Should any part or provision of this Ordinance be declared by a court of competent jurisdiction to be invalid. the same shall not affect the validity of the ordinance as a whole. PASSED ON FIRST READING BY TITLE ONLY this eth day of JAnunry 1. 1967. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 12th day of February , 1�87 ,.-- J6��- �7 RAVIER L. SUAR , MAYOR ATTEST :• A, LJ BATTY HIRAI, CITY CLERK PREPARED AND APPROVED BY: �, URISZMER G . XMGE ASSISTANT CITY ATTORNEY APPROV AS TO MRM AND CORRE "IS6 _rl �? LUCIA A. ROUGHER Y CITY ATTORNEY M1091CGKirdibss -4- 93- 40 J-84-A 19 ` 9/13/S9 ORDINANCE NO. �� AN ORDINANCE AMENDING CHAPTERS 2, 29 AND 54 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS ADMENDED, ENTITLED ADMINISTRATION, LANDFILLS AND WATERFRONT IMPROVEMENTS, AND STREETS AND SIDEWALKS, RESPECTIVELY; MORE PARTICULARLY BY INCREASING THE FEE FOR PREPARATION OF DOCUMENTS IN SECTION 2-90(a), CREATING A NEW FEE CATEGORY FOR DOCUMENTS ALLOWING USE OF PUBLIC ARIGHT OF WAY BY ADDING A NEW SECTION 2-99(b), INCREASING THE FEES FOR PROCESSING PLATS IN SECTION 2-99(8)1, INCREASING THE FEE TAR EXTENDING SUBDIVISION IMPROVEMENT TIME LIMIT IN SECTION 2-99(8)2, INCREASING THE FEE FOR CHECKING PERMANENT REFERENCE MONUMENTS IN . SECTION 2-101(a), CREATING A NEW FEE FOR CONSTRUCTION PLAN CHECKING BY PUBLIC WORKS DEPARTMENT BY AMENDING SECTION 2-102 AND xr ADDING NEW SECTION 2-I03; AMENDING CRAFTER 29 OF THE CODE BY ADDING TERMINOLOGY FOR 1: CLAAIFICATION PURPOSES TO SECTION 29-43, BY ESTABLISHING TWO CATEGORIES OF PERMIT REQUIREMENTS FOR WATERFRONT IMPROVEMENTS BASED ON CONSTRUCTION COST IN SECTION 29-44, BY ESTABLISHING Two CATEGORIES OF PERMIT FEES AND CREATING AFTER THE FACT PERMIT FEES FOR WATERFRONT IMPROVEMENTS IN SECTION 29-46; AMENDING CHAPTER 54 OF THE CODE BY ADDING A SPECIAL EVENTS/FESTIVAL CATEGORY AND ESTABLISHING FEES FOR OBSTRUCTING STREET OR SIDEWALK IN SECTION 54-3, BY ALLOWING _ EXCEPTIONS TO THE PROHIBITION OF USE OF STREETS AND SIDEWALKS FOR ADVERTISING AND DISPLAY, AND ESTABLISHING PERMIT REQUIREMENT _ AND PROCESSING FEE FOR SAID EXCEPTIONS IN SECTION 54-8, BY INCREASING FEES THROUGHOUT SECTION 54-27, AND BY ADDING NEW FEE _ CATEGORIES TO SECTION 34-27 FOR GROUNDWATER - MONITORING WELLS, AFTER THE FACT PERMITS AND �* REINSPECTION FEES; AMENDING SECTION 54-111 OF - THE CODE BY INCREASING THE ANNUAL PERMIT FEE s FOR SIDEWALK CAFES; AND CONTAINING A REPEALER --- PROVISION AND A SEVERABILITY CLAUSE. BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section I. Sections 2-98, 2-99, 2-101, 2-102 and 2-103 of the Code of the City of Miami, Florida, as amended, are hereby amended in the following particular&: .1/ Z' words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. 93- 40 10658 'Sec. 2-98. Fee for preparation of documents cortaining covenants to run with the land, waiver of fee; ,fee _ or papua on of dorunnt try {li* o py�),ic oht of wav by private entities: recording fee. (a) For the preparation and processing of any legal document running with the land covenanting the construction (or postponement of construction) of a public works improvement either in the public right-of-way or on private property, a fee of a e, Sx2 hundred dollars t?t90:4" eS200.001 shall be collected by the director of public works. The fee required under this subsection shsj-} a" be waived for governmental entities and agencies. t'br Lcl In addition to the above dekler (9!90 Oet fee&, the eavwnetar party proffering the legal document shall also pay the recording fee, as established by the state." "Sec. 2-99. Checking and recording plats - Fee schedule; waiver of fee. (a) The fees to be charged by the public works department for processing tentative plats and recording plats submitted for approval of the city, including the inspection of the permanent reference monuments not in the field, are hereby fixed as follows: (1) Recording plat: (a) To accompany tentative plat application ..........................9�i9-8@ 5300.0 (b) For resubmission of tentative plat when submitting for recording.HO.00 150.00 (c) For resubmission of tentative plat by different owner ............ tee-ee 15o.00 (d) For resubmission of tentative plat with new boundary. .1S0.00 tdt (e) To accompany final plat when submitted for recording ....... 309.89 350.00 (2) Extending subdivision improvement time limit. For each time limit extension granted for completion of subdivision improvements required in conjunction with a recorded plat .. .. ..T_.�$@-rag j00.00 or �i of the su iv j,&lgn illtDovemert bond whichever is greater." 93- 4Q -2- 10GSP `Sec. 2-101. Same-Fermanont reference monuments not properly placed, additional fee; waiver of fee. (a) If, in the process of the first check of a proposed plat, it is found that the permanent reference monuments are not properly placed on the ground, the engineer or amrveyor who made the plat shall be notified, and all subsequent trips to the subdivision for the purpose of checking permanent reference monuments shall be charged for at the rate of fifteen tggnt dollars 1915-:99j t S2n . au 1 per man-hour, such charges to be collected by the director of public works. if it should be necessary to use a survey party in such subsequent checking of permanent reference monuments, the director of public works shall collect a fee of fifty dollars (650.00) for each hour such survey party is used. (b) The fee required under this section sheer Mat be waived by the director of gjub1jr tWZM for governmental entities and agencies." 'Sec. 2-102. Constructign 21&n checkina fee. (21 Single family or dupt„gg residential construC on reconstruction. remodel{no renovation. repo r or Additign permit.. .. .25 00 (31 Multi -residential and all non-residential construction, reconstruction. remodeling rangya ion. repair or addition twit. .. • ( b 1 T'he fee required „Oder this sec t inn MAX be waived by the dir C tnr of public works nr IIoyernmental entities @nd agencies -- "Sec. 3"19 2-1Q3• Seemed Turning money over to finance department. All money so collected by the director of public works pursuant to sections 2-99, 2-100A, and 2-101 and 2-3.3 shall be turned over to the finance department." Section 2. Sections 29-43, 29-44 and 29-46 of the Code of the City of Hiami, Florida, as amended, are hereby amended in the -3- 93- 40 106SS following particulaarst "Sec. 29-43. Pern.its for waterfront improvements - Required. No waterfront improvement shall be constructed, recgns%rMcte or rsaaired until a permit authorizing such construction, Iggop tructign or reoair has been obtained from the public works department. No such permit shall be issued for any improvement gr rmair to an esistina- —iz=avezmnt which is deemed substandard dim -Sec. 39-44. Same - Application. JAI Ggnaralt Permits required by this article shall be applied for either by the owner -builder or by a licensed contractor certified in a proper category and having a bones fide contract with the owner to perform such work. Application shall be wade upon a suitable form provided by the public works department. For new construction or, repairs amounting to five thousand dollars t55,000.001 or more in value. ?we tit threg (31 copies of the plans shall be submitted with the application, which plans shall include the following information, except as to any item which may be waived in writing by the department: (1) A current certified survey sketch of the property upon which the improvement is to be made-, or (6) The name and address of the owner of the property upon which the improvement is to be made, or (7) A construction cost estimate of the proposed improvement substantiated by a fully exrc+Mted construction contract or validated an', attested to by a licensed professional engineer. 2.1 Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. 93- 40 -4- 10658 ...:.1 _.. _: _. _ .. __. _. r 1 • . r�_ • i i f. 1 1 c. t • t 1 11 - 1 •- 1 1 - 1 • 1 :/1 t • 1 1 / iAz t r 1 / • I. • 1 •lu • • 1 "Sec. 29-46. Permits for waterfront improvements Same - Fees (a) The permit fee for the construrtion of any aRx structural improvement covered by this article, excluding the cost of any electrical, mechanical and plumbing work requiring separate permits, shall be based upon the estimated construction costs and shall be a flat fee of two hundred fifty dollars ($250.00) plus two (2) percent of the estimated construction cost. t �t 1Q1 The expense of any inspection by the public works department will be included in the cost of the permit fee. 1A.1 The fee required under this section sheii =y be waived jay the director of public works for governmental entities and agencies." 93- 40 —5— IOGS& a # Section 3. Sections 54-3, 54-8, 54-27 and* 54-111 of the Code of the City of Miami, Florida, as a"nded, are hereby amended In the following particulars: I/ "sec. 54-3. Permit required to obstruct street or sidewalk or impede traffic: fees. Knivel of iaes. (a) 14o person shall obstruct or cause to be obstructed any street or sidewalk in this city or impede the general movement of vehicular or pedestrian traffic without first having obtained a permit from both the police and fire, rescue and inspection services_ departments. , n the case o.f tdt A fee of thirty dollars ($30.00) shall accompany ea-h permit application to the police department, to be retained by the city regardless of action taken in the grant or denial of the permit. "Sec. 54-8. Using street or sidewalk for advertising or display purposes, exceptions: permit and fee. "I It shall be unlawful to use any portion of a street or sidewalk in the city for advertising or display purposesT. with the following exceptions if approved by the city cosszisE.Lgn, 3 Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. -6- 93- 4ioGsa "Sec. 54-27. Permit fees for street excavation,sidewalk repair, paving or resurfacing of parkway or shoulder area, building line and grade survey, driveway construction, flume excavation, utility pale placement,. underground utility service connection excavation,. gzoundwater moni%grcina wells; permit renewal, ag.ter-the-fact permit. and rains oection,fees, The permit fees to be charged by the public works department for street excavation, sidewalk repair, paving or resurfacing of parkway or shoulder area, building line and grade survey, sidewalk construction, driveway construction, flume excavation, futility pe+* placement, underground-t utility service connection excavation, groundwater motoring wells, permit renewal, after the fact permit and reinsnection within the city are hereby fixed as follows: (1) Street excavation permit: 50 lineal feet or less. .. ... H0.00 5250.00 Each additional lineal foot... i.00 0.10 ( 2 ) Sidewalk repair permit,,.L up to s+ -- 50 lineal feet or less..... ie.ee 50.00 plus;perFdch additional lineal foot... 1.00 (3) Sidewalk construction permit: 50 lineal feat or less ............... 95.90 100.00 Each additional lineal foot ............. i}r96 2.00 (4) Paving or resurfacing of parkway or shoulder area permit JL .............. 2% lineal feet or less. 100.00 Each additional lineal foot ............. 5.00 (5) Building line and grade survey permits Upe 50 lineal feet or less.......... 250.00 Each additional raj foot............ ?.Be 5.00 (6) Driveway construction permit,. (upea snexi�+sasn- each driveway .......................... 58.99 100.00 (7) Flume excavation permit, each excavation ............................. 5e--09 100, 00 93- 40 (B) Utility placement permit (poles, splice pits, manholes, hand holes, -- catch basins, pedestals, vaults and auger holes) ........................... SO-44 plus, for each additional, per block - (on same permit) ....................... 5.00 19.00 (4) Underground utility servico connection _ right-of-way excavation permit (each water, gas, electric, telephone, Cable tt ev Nion or sanitary sewer connection from prepereT base bjAjldiW =_ line to the utility located within the public right-of-way) ................... 50.00 100.00 (10) Groundwater swpjtoring wej,la. each we11....... �50.00 LUI Permit renewal fee - ninety day — extension of permit fee expiration data ...............>.................. 50.00 10Q.00 t121 &Wr the fact permit fee, ror any work described in ill thru j SO t herein. Rerfozzed wit tut proper permits and inspections. yy xMp" the above fees. .1111 geinspaction fees. When additional inspection is regy red for work FUsIX ihspected and rejected by the Depart>"ent of Public Works. a reinspection fee ilLb9t reauirred. for eacil rein6R9StjjM....... 25,,00 Permit fees will be computed only forthe primary item of work for which a permit is required. The fee collected will also cover items of work incidental to the primary item and all processing and inspection services rendered by the public works department." "Sec. 54-I11. Permit fee. The annual permit fee for establishing or maintaining a sidewalk cafe shall be ersar}" twenty (OH.e9) t520.001 per square foot of usable sidewalk area, as determined by the department of public works. - Section 4. All ordinances, or parts of ordinances insofar as they are inconsistent or in conflict with provisions of this Ordinance are hereby repealed. Section 5. If any section, part of section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 5. This Ordinance shall become effective 30 days after final reading and adoption. thereof. 93-- 40 -6- 1osSg PASSED ON FIRST READING BY TITLE ONLY this 14th day of September , 1999. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 12th day of October 9, ' �4JIVIER L. rau EZ, XOR ATTE s !TATTY H I RA I CITY CLERK PREPARED AND APPROVED STI ROBERT F. CLERK CHIEF ASSISTANT CITY ATTORNEY LEGISLATION/SPECIAL PROJECTS DIVISION APPROVED AS TO FORTS AND CORRECTNESS: JORCIE .L . FE AIiDEZ CITY ATTORNE RFC:bss:M536 93- 40 10655 -9- 0 J-P-980 11/2/�9 ORDINANCE NO. +010693 AN ORDINANCE AMENDING CHAPTER 54, ARTICLE VI, ENTITLED -SIDEWALK CAFES", OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY MAKING THE FOLLOWING MODIFICATIONSt EXPANDING THE BRICKELL AREA CAFE ZONE; FURTHER, IN REGARD TO SUCH ZONES GENERALLY BY REVISING THE PERMIT FEE; MAXING CORRECTION TO THE STANDARDS AND CRITERIA; ADDING A RESTRICTION AGAINST THE GENERATION OF LOUD NOISE A5 A FORK AND CONDITION OF THz PERMIT; PROVIDING FOR A TEMPORARY SUSPENSION OF A PERMIT FOR CAUSE; REINSTATEMENT OF A SUSPENDED OR REVOKED PERMIT BY THE DIRECTOR OF PUBLIC WORKS UNDER SPECIFIC CONDITIONSs AND ESTABLISHING A MINIMUM TIME PERIOD FOR RE -APPLICATION AFTER REVOCATION; MORE PARTICULARLY BY AMENDING SECTIONS 54-109, 54-111, 54-114, 94-116, 54-117 AND 54-118; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE. WHEREAS, the primary purpose of the public streets and sidewalks is for use by vehicular, and pedestrian traffic; and WHEREAS, the placement of tables and chairs within the public right-of-way was authorized by the City Comission by the passage of Ordinance No. 9840, adapted June 14, 1994; and WHEREAS, modifications to Article VI of Section 34 of the City Code are required to further protect the health, safety and welfare of the citizenry of the City of Miami, Florida; and WHEREAS, the City Comission, after careful consideration of this matter, deans it advisable and in the best interest of the general welfare of the City of Miami and its inhabitants to grant this amendment as hereinafter set forth; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF 14mi, FLORIDAt 93- 40 otvs93 Section I. Sections 54-109, 54-111, 54-114, 54-116, 54-117 and 54-118 of the Code of the City of Kiami, Florida, as amended, are hereby amended in the following particularst l� "Sec. 54-109. Definitions. Cafe Zones meanst ( 2 ) SeetYheese-0e+e m all . Area. *Sec. 54-111. Permit fee. The annual permit fee for establishing or maintaining a sidewalk cafe shall be dolirara t320.D0i per square foot of usable sidewalk area, as determined by the department of public works." ,Sec. 54-114. Standards and criteria for application review. The following standards and criteria shall be used in reviewing the drawing required in section 54-112(a)(6)s (1) Sidewalk cafes are restricted to the sidewalk frontage of the licensed restaurant or food service establishment to which the permit is issued; or within the c2atjMum sidewalk frontage of the building where the licensed restaurant or food service establishment is located, provided that written approval is supplied by the building owner and anv a factad lesser. • • A A s VU gR Sgrtion of a tadlr_ eAair, abralla or aping aril r=tend into tha 6 trot eadastrian Rath." "Sec. 54-116. yarn and conditions of permit. The permit shall be issued on a form deemed suitable by the director. in addition to naming the permittee and any other information deemed appropriate by the director, the permit shall contain the following conditions; 1/ Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. -2- 9 3 - 4 0 010693 "Sec. 54-117. Denial, revocation or suspension of permit; removal and storage fees; emergencies. (a) The director may deny, revoke, or suspend a permit for any sidewalk cafe authorised in the city if it is found thats LU Tha RMSMIZ,taa S■ Ulled to tks&WSitivL 3gtiane t0 ntehiMil ItielatI= Zx= r�ne*nf+rr#ne_ UI Tbs,_narmittas has failed to slake codification■ vlthln *%--- tl% .t-..- -t vet •V- tst J.0 Tables, chairs and other vestiges of said sidewalk cafe may be rewoved by the department of public works, and a reasonable fee charged for labor, transportation, and storage, should the percittee fail to remove said items within thirty- six (36) houYs of receipt of the director's final notice to do so for any reason provided for under this article. if the .r-*fQn is taken based on *Sec. 34-110. Appeals. .UU 1!I Section 2. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with provisions of this Ordinance are hereby repealed. -3- 01.0693 93` 40 Suction 3. If any section, -part of section, Paragraph, clause, phrase or word of this Ordinance is doclaxed invalid, the retraining provisions of this Ordinance shall not be affected. Section 4. This Ordinance shall becotae effective 30 days after final reading and adoption thereof. PASSED ON FIRST READING BY TITLE ONLY this 7th day of December V 1989. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 11th �_ day of Janua_y _, 199W. ATrMt Ka Him CITY CLERK SUBMITTED BYt • LVIS A PRMUO-POR"Y'JIR, Ph.D., P.E. PTI Vr7m t Cr PLU= NaArs APPROVED AS TO MRK AND CORRZCT'NESS t _ZL Pb- - - . / JO GE RMANDZZ �r CI ATTO Gl:bast 39 XAV ER L. t1A , MAYOR "' 40 J-91-138 1/30/91 ORDINANCE NO. 1085 4 AN ORDINANCE RELATING TO STREETS AND SIDEWALKS AND SIDEWALK CAFES; AMENDING SECTIONS 84-109, 64-110, 84-111, 84-112 AND 154-114 OF THE CODE OF THE CITY OF MIAMI. FLORIDA. AS AMENDED, BY REDEFINING "CAFE ZONES"; PROVIDING AUTHORITY TO WAIVE SIDEWALK CAFE PERMIT FEE; CLARIFYING PERMIT APPLICATION FORM; ESTABLISHING CRITERIA FOR PERMIT APPLICATION REVIEW; AND CONTAINING A REPEALER PROVISION, SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City ComTliasion, after careful consideration of this matter, deems It advisable and In the best Interest of tma general welfare of the City of Miami and Its inhabitants to amend the Code of the City of Miami, Florida, as amended, as hereinafter set forth; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. Sections 54-109. 84-110. 64-111, 64-112 and 54- 114 of the Code of the City of Miami. Florida, as amendoo. are hereby amended In the following particulars / 'CHAPTER 54 STREETS AND SIDEWALKS • a • ARTICLE V1. SIDEWALK CAFES Sec. 64-109. Definitlons. caf* Zones means any public sidewalk area within the City of Miami that complies with the reaulrements of Artiele__YI of this Chapter. 1/ Words and/or figures stricken through snail be deleted. Underscored words and/or figures shall be added. The remain►ng provisions are now In effect and remain unchanged. Asterisks Indicat`1 omitted and unchanged material. All figures are rounded to the nearest hundred dollars. 93- 40 10854 I Sec. 64-110+ Oagvftrlsgr ROse� r moved. Sec. 64-111. Permit Fee. The annual Dermit fee for establishing or maintaining a sidewalk cafe *hall be twenty dollars ($20.00) Der square foot of usable sidewalk area, as determined by 93-- 40 - 2 - 10854 CITY OF MIAMi, FLORIDA 22 INTER -OFFICE MEMORANDUM TO: Honorable Mayor and Members of DATE: ` - �� PLE: the City Commission &ua,ECT: Denial of Sidewalk Cafe Permit - Cafe Sci-Sci 3 RERFR!NCRB FROM: = Cesar H. Od i ENCLOSURES: City Manager - RECOMMENDATION: — It is respectfully recommended that the City Commission adopt the ' attached resolution upholding, the Department of Public Works Director's decision to deny a sidewalk cafe permit for the sidewalk area immediately adjacent to Cafe Sci-Sci's leasehold 11 due to the failure of the operators of Cafe Sci-Sci to obtain the consent of the adjacent owner to occupy said sidewalk area. r BACKGROUND: Elena's Italian Restaurant, Inc., d/b/a Cafe Sci-Sci has operate* a sidewalk cafe pursuant to article VI of Chapter 54 of the Miami City Code since May 27. 1987. At that time Cafe Sci-Sci complied with the requirements of the City Code to place tables and chairs _— within the sidewalk area fronting the adjacent property by submitting the consent of the adjacent property owner, JanMar Corporation to the Director of the Public Works Department. Cafe Sci-Sci has routinely renewed its sidewalk cafe permit in subsequent years. On April 20. 1992, the Department of Public Works was notified by =_ the new owner of the "JanMar property" that it was, withdrawing its landlords consent to use the sidewalk area fronting its = astablishment. Subsequently, on June 22, 1992, the Director of - Public Works issued a "Director's Notice of Violation' to Cafe Sci-Sci informing Cafe Sci-Sci that it had three (3) days to provide proof of owner consent for sidewalk cafe use of the sidewalk area fronting the ad acent property. Additionally. Cafe Sci-Sci`s application fee of 110,600 for its sidewalk cafe permit renewal was also returned. Unfortunately, this Notice of Violation was returned undelivered by the U.S. Postal Service and - was eventually hand -delivered on August 24, 1992. Cafe Sci-Sci has since been unable to provide the Director of the Department of Public Works with the required owner consent. The - Director of Public Works has therefore decided not to renew a sidewalk cafe cafe permit to Cafe Sci-Sci for use of the adjacent sidewalk frontage not immediately in front of its restaurant's operation. Cafe Sci-Sci has now appealed this decision. 93- 40 2,27/' ;.= i �!S16 4. !form•)"" . �- : . - cite as, Sla., 78 80.Ed 841 'ated this confession at the trial. -The appel- ' 'Wesley (Btiy) C&BIN Alipeillnt, lint it all times when confronted with the V. accusation of James Gainey denied that he ' STATE of Florida, Appellee.l tooli part in the crime and testified in denial at the trial. Supreme 0ourt Except for the extra -judicial confession " 15pe6aliDivision I3. of ,the codefendant Gainey, there is nothing Mgrch� lggg; in the record to implicate the •appellant in the crime with which he is charged and of which he was found guilty along with his Defendant was convicted in the Circuit codefendant. Under these circumstances - . Court for Dixie C&6nty, Hal W.- Adams; J., argues appellant, the evidence is not suffi- of breaking and entering a building with in- cient under the law to sustain a conviction. tent to commit `felony, and • he . appealed. We agree and have so held. Stoutamire v. - The Supreme'CouTt, Drew, J.,'h6d that co- State, 133 Fla. 757, 183 So. 316. - defendant's extrajudicial confession was In its brief the State, with commendable insufficient to uustain conviction. candor, concedes that the judgment below Reversed. must be reversed because the evidence in the record is wholly insufficient to sustain the verdict and judgment. — Burglary 4-41(f) Criminal Law 4=638(3) Reversed. Codefendant's extrajudicial confes- sion, repudiated by him at trial, was insuf- MATHEWS, C. J., TH4MA5, J., and _' ... ficient to show defendant's participation in 'McNEILL, Associate Justice, concur. _= I burglary, and evidence did not sustain con- ► :1• b-m "ed into the public viction in view of defendant's denial of par- ticipation.'I.t Cj?.e21 with f ' Scruggs & Carmichael, Gainesville, for appellant. Matty Hirai Richard W. Ervin; Atty. Gen., and Bart Cll:-v;- Clerk L Cohen, Asst. Atty.'Gen., for appellee. IV M. f3UCKEI.S, as Sheriff of Osoe6ia County, Florida, and The Pure Oil Co., a corporation, Appellants, ' d?REW, justice. V. This appellant has appealed from a final Raymond V. TOMER, also known as Ray - judgment sentencing*him to three years in Mond Tomer, and further known as R. ' prison after a jury verdict''of tuilty of V. Tomer, Appellee. breaking and entering a certain building'of Supreme Court of Florida. another with intent to commira felony. He - was tried jointly' with a codefendant James Special Division A. Gainey. At the trial the State proved that March 24, 1855. = a service station in Cross City was entered and'a cash register removed valued at,f 150, %hd'introduced into vidence an extra -Judi- lSut`to enjoin judicial sale'�of• land eial confession' ,of the defendiant , james claimed by plaintiff as part of his homestead f Gainey in which he stated that the appel- to satisfy judgment against plaintiff. The lant assisted in the crime. Gainey repudi- Circuit Court for Osceola County, Terry 93- 40 d 3 t7 F lie 862 Fla. 78 SOUTHE REPORTER, 2d SERMS B. Patterson, J., entered a decree enjoining the sale, and the sheriff and judgment creditor appealed. The Supreme Court, Sebring, J., held that platted rural lots owned by judgment debtor and unplatted rural land on which he resided constituted a contiguous tract, all of which he was en- titled to claim as homestead exempt from judicial sale. Decree affirmed. 1. Homestead 4-70 An element of contiguity is required with respect to rural land constituting a homestead. 2. Homestead d=70 The mere platting of rural land own- ed and occupied by the head of a family as a homestead and sale of lots according to such plat do not destroy the homestead character of such portions of the property as have not been sold, where unsold por- tions are contiguous, lying in a body, and each piece thereof is adjacent to some other part or parcel thereof. from judicial sale to satisfy judgment, even if some of -platted lots had been sold by predecessor in title before judgment debtor acquired the property. 5. Homestead 4=71 That lots in platted portion of con- tiguous tract of rural land were held only for speculation or resale by owner, who re- sided on unplatted portion of tract, did not prevent platted lots from acquiring a home- stead status, since constitution exempts rur- al homestead to the extent of 160 acres to the head of a family residing thereon, with- out regard to use made of portion of tract not covered by residence and enclosure. Rogers & Kelley, Kissimmee, for appel- lants. Murray W. Overstreet, Kissimmee, for appellee. SEBRING, Justice. The appeal is from a final decree in favor of the plaintiff below. Boundaries e=20(5) % Municipal Corporations 4=663(i) 1N According to the record, the plaintiff and his wife are the owners of certain rural Purchaser of a lot according to a plat property in Osceola County, Florida, con- ! which shows that lat is bounded by a street sisting of a tract of land that had been sub - acquires title to the center of the street ivided into blocks and lots by a recorded on his side, but he acquires only an ease- plat and a tract of unplatted land adjoining ment over other pants of proposed street the platted tract upon which the family res- �' where he owns no lot. idence is located. Prior to the purchase --� of the property by the plaintiff certain of 4. Homestead a=70 the lots in the platted tract had been sold Where unplatted rural land on which by the plaintiffs predecessor in title. After judgment debtor resided abutted on lots the purchase of the property by the plain - tiff certain other lots in the platted tract in platted subdivision also owned by him were sold by him to third persons. While and wherever lots owned b u y judgment debt- some of the lots in the platted tract as to or were separated by streets, he owned lots which the plaintiff retains title are sepa- or blocks on each side of street, his lands, rated by streets, the plaintiff, in every such including platted lots, were contiguous, and instance, owns land on both sides of : the he could claim all such rural land, not in streets, as shown -by the unshaded portions excess of acres as homestead exempt iirlmltted into the public of the sketch that follows; record in connection with ite _2 on _ o tty Iiacli 40 City ierk " VQXZLS v. TOWR Casts, Fla•• R! go.413R� Fla. 8M y ' Submitted into a public connection with record in tonne . item -A� on + Matty Hira 4clerk' � 9r� 9 3 - 0 City Clerl �; ;,_ H >ubmitted intd 'ecoxd in =4 tempi 864 Fla., 78 SOUTHERN RFFARTEP, Sd SRPJES Pure Oil Company, a corporation, recov- ered a final judgment against the plaintiff and his wife. When the sheriff, of Osceola County levied upon the property to satisfy the judgment, the plaintiff filed a home- stead claim to all the property. The sheriff recognized the right of the plaintiff to claim exemption as to the unplatted tract of land upon which the home of the plaintiff` was located, but refused to recognize the right to homestead and exemption from .forced sale as extending to any of the lots in the platted tract. After the rejection of his claim by the sheriff,'the plaintiff brought the instant suit to enjoin the sheriff from proceeding with the sale, upon the ground that he had the constitutional right to claim all the property as his homestead. The defendants below contested the right of the plaintiff to injunc- tive relief on the ground that the platted lots which had been purchased by the plaintiff were not contiguous to the unplatted tract purchased by him and consequently could not be claimed as homestead. At final hear- ing, the court below rejected the contention of the defendants and entered a decree en- joining the sheriff and the judgment credi- tor from selling the property in the subdivi- sion to satisfy the judgment. The question on the appeal is whether or not the trial court ruled correctly in adjudi- eating ihat all oi the rural lands of the j plaintiff, including the lots in the platted j! I tract, the aggregate of which was less than 160 acres, were contiguous and could be 4 claimed as homestead and therefore exempt from judicial sale to satisfy the judgment. character of such portions of the property as have not been s41d, where `the ith.461d portions are "`contiguous, lying in a body,,, and each piece thereof [is] adjacent to some ! other part or parcel thereof."' In respect to the contention of the appellant in the cause that the unsold lands lacked contigu- ity because of the fact that many of the lots and blocks in the subdivision ,were sepati- t ed by streets the court observed that " wherever that is the case it appears that the deceased owned the lots or blocks on each side of .the street," and rejected the conten- ` tion of the appellant with the statement:' "We do not agree * * * that the mere platting of land and the sale of lots accord- ing to such plat shows conclusively an' abandonment of the homestead by the own- er. While a sale of lots bounded by streets' and avenues according to a plat which shows such lots so bounded creates in the purchaser as against the !grantor a private, right to have such streets remain open for passageways, they constitute mere ease- ments over the owner's land, where the purchasers do not own on either side of the street. While a purchaser of a lot accord- ing to a plat which shoves that the lot is bounded by a street acquires title to the center of the street on his side, he has only an easement over the land at another part of the proposed street, where he owns no' lot. Therefore the owner may, after -plat- ting his land, so dispose of lots and blocks as to leave remaining to him a contiguous ' tract; it may be in a fantastic shape, bat' nevertheless ,unbroken and contiguous, over which he has merely sold or given an ease - meet of passageway." (Emphasis sup- pUed.) [1-3J While the law in respect to what )Ublic rural property may constitute a homestead [41 ' We think that the principle stated has been construed, from the earliest deci- in the foregoing cast is controlling in the With sions, to require an element of contiguity, case at bar. As will be seen from ,the Brandies v. Perry, 39 Fla. 172, 22 So. 268; sketch of the property involved, the un- - Cf Milton v. Milton, 63 Fla. 533, 58 So. 718; platted lands belonging to the plaintiff not i Yowell. Y. Rogers, 128 Fla. 881, 175 So. only actually abut upon the tract of land in Hirai 772; it is established in Shone v. Bellmore, the subdivision designated as tots 1 to 5, C1erk 75 'Fla. 515, 78 So. 605, 606; #hat the mere inclusive, of Block E, but also wherever platting of rural property owned a4d occu- the lands owned by the plaintiff are sepa- y� pied by the head of a family as a homestead, rated by streets -he owns "the lot or blocks s j+ and -the sale of*lob according to such plat,. on ' each ' side'of the street." Linder the, is not sufficient to destroy the homestead principle laid doWn`in Shone-v. Bellmore-,' 93- 40 L r M ERW M v. KELI,EMS p7a 86S = Clteas, Fle., 7180.24 Sao supra, the lands of the plaintiff are there- Constitution of 1868 on the subject of the fore "'contiguous, lying in a body, And each homestead's extent, which had been con - piece thereof [is] adjacent ,to some other strued by * * * the Supreme Court of part or parcel thereof,"' and the fact that Florida, which had held that nothing more the plaintiff may have acquired the prop- was required than for the homesteader to erty after some of the lots in the subdivi- live on the tract to render the whole 160 sion had been sold by his predecessor in ti- acres exempt, and the Constitution did not _ tle is quite without legal significance. prescribe the manner in which the land ` should be used beyond residing on it" Ar- (5] Some suggestion is made in the mour & Co. v. Hulvey, 73 Fla. 294, 74 So. brief of appellant that because the subdivi- 212, 214. See also Vol. II, No. I, p. 47, , sion lots held by the plaintiff were never Univ. of Fla. Law Review. actually used by him for homestead pur. The appellant has failed to make rever- poses, but were held only for the purposes sible error appear and consequently the de - of speculation or resale, they could not ac- cree appealed from should be affirmed. — quire a homestead status, but this conten- tion must also be rejected, For as was It is so ordered. stated in Fort v. Rigdon, 100 Fla. 398, 129 So. 847, 848, in respect to rural homesteads: MATHEWS, C. J., and TERREL.L and "'We have no authority, if the person who DREW, JJ., concur. claims the land for a homestead resides Submitted into the public thereon, is a resident of the State, the head of a family, and there is no more than 160 M d in connection with acres in the tract, to add any other condi- tions than those expressed in the Constitu- item --.Z—on I ' ! q - Q 3 tion, To say how the homesteader should use his land, whether as a "farm," or for a Matty HiIal saw -mill," o- a "grist -mill,' or a "carding and fulling mill," would be to impose a judi- John C. MERW iN, Jr., and Blanchard Ma-City Clerk cias condition not found in the Constitution chinery, Inc., a Florida Corporation, of the State. The Constitution does not Appellants, prescribe the manner in which the tract �• shaU be used beyond residing thereon."' Charles Leo 14ELLEMS, Appellee. And in another instance: "'The Constitu- tion of this State, Section 1, Article 9, ex- Supreme Court of Florida. empts a homestead to the extent of one Gpectal Division A. hundred and sixty acres of land outside Mareb 16, I=. an incorporated city or town to the head of a family residing in this State, with the im- Rehearing Denied April 14, 19M provementa on the real estate, without re- gard to the we that may be made of that k portion of the tract not covered by the rea- Personal injury action arising out of G idence and enclosures."' McDougall v. intersectional motor vehicle collision. Mtginniss, 21 Fla. 362. From adverse judgment of the Circuit Court, Dade County, N. Vernon Haw - In a later case .*t is held that a portion of thorne, J., the defendants appealed. The a homestead tract upon which a boys' school Supreme Court, Sandler, Associate Justice, was located was nevertheless exempt, the held that where salesman, who worked only court saying: "This language is clear, and for corporation, received a minimum com- iit is significant that the framers of the Con- pensation of $60 per week and corporation stitution of 1885, when they came to write carried workmen's compensation on sales- ' the homestead and exemption clause for man, paid social security taxes, and with. that Constitution, used the language of the held income tax from his wages, salesman 93- 4 � .. w. t- 0 BONIFAY v. DICKSON Fla. 1089 Me u 459 Sold 1089 (Rc App. I Dist. 1984) plaintiffs' motion for new trial based upon his perception of trial misconduct by de- fense counsel. The trial court. found: Barry BONIFAY, City of Pensacola, That a new trial should be granted in Daniel Thomas Bowen and Mary Catches Bowen, Appellants, this cause on the grounds (1) that the jury's verdict was influenced by matters v outside the record; including the person- Barry E. DICKSON and John R. al opinions of defense counsel; (2) the Williams, Appellees. improper appeals of counsel for the De- fendant to the jury's emotions and preju- No. AZ-138. dices which so permeated the jury's deci- District Court of Appeal of Florida, sion by its cumulative effects to result in First District~ a miscarriage of justice; (3) that this Court erred in not sustaining the objec- Nov. 1, 1984. tion of Plaintiffs to the "afflication of litigiousness" argument of defense coun- Rehearing Denied Nov. 30, 1984. sel, and failing to admonish the jury to disregard any such appeal; and (4) the totally unsupported assertions and clos- ing argument by defense counsel of false issues, including specifically an assertion of collusion, subornation of perjury and extortion. This determination is based upon the Court's personal observation of the trial and the conduct of counsel for five (5) days made in the face [of] countless ad- monitions and warnings to counsel to conduct the trial with propriety. [1, 21 We have reviewed the record and find that it amply supports the findings of the trial judge and his order granting a new trial. It is true, as argued on appeal, that many of the prejudicial remarks made by Attorney Handley in closing argument escaped objection below. But the law of Florida is to the effect that "if the prejudi- cial conduct in its collective import is so extensive that its influence pervades the mail, gravely impairing a calm and dispaa- sionate consideration of the evidence and the merits by the jury, a new trial should be awarded regardless of .the want of ob- jection." [Emphasis in original.] Yina v. Apalachicola Northern Railroad Co., 130 So.2d 680, 587 (F1a.1961). AFFIRMED. DAUKSCH and FRANK D. UP - CHURCH, Jr., JJ., concur. Purchasers of real estate brought qui- et title action. The Circuit Court, Escam- bia County, Jack H. Greenhut, J., quieted title in purchasers, and appeal was taken. The District Court of Appeal, Barfield, J., held that: (1) map drawn in 1893 dedicated disputed property which had accumulated through accretions between a roadway indi- catei on the map and waterfront, and pub- lic authorities had accepted the offer of dedication; (2) subdivision lot owner, whose deed referenced the 1893 map, had an im- plied private easement of access across the disputed property; (3) purchasers could not claim title to the disputed property based upon their chain of title; and (4) even if purchasers showed color of title to the dis- puted property, they failed to establish title to the property by adverse possession as they failed to show that they had been in continuous, exclusive, open and notorious, adverse possession of the disputed proper- ty for at least seven years prior to filing of the quiet title action. Reversed and remanded. 1. Dedication 4-1 Common-law dedication, one of several processes by which an o-Nner of an interest in land can transfer to the public either ownership or a privilege of user for a pub - Sim 40 r a�" 04 O U2 h w� %".. r ` 4. - • i' f logo Fla- 459 SOUTHERN REPORTER., 2d SERIES lie purpose, requires an intention to dedi- cate the property to use of the public, acceptance by the public, and clear and unequivocal proof of these facts; however, there are no specific formalities necessary to constitute an effective common-law dedi- cation. 2. Dedication e=15 An intention to dedicate may be im- plied from the acts of the landowner, in- cluding the filing of a map or plat of the property designating the roadways there- on or the platting of the land and the selling of lots pursuant to the plat, which indicates thereon places for parks, public grounds, and streets. 3. Dedication e=19(1), 36(3) Map drawn in 1893 constituted an of- fer of dedication to public use of roadways platted thereon as well as a strip of proper- ty between the roadway and waterfront which developed through accretions over the years, and the grading and paving of the original wagon trail into a boulevard coupled with installation and maintenance of culverts under the boulevard constituted acceptance by public authorities of the ded- ication, even though the map was not re- corded until after the conveyance of certain lots abutting the roadway. 4. Dedication e-35(3), 37 Acceptance of an offer of dedication may be expressed or may be implied from acts showing an intention to accept, includ- ing, among other things, use by the public or maintenance and improvement by the proper authorities of part of the land dedi- cated. 6. Dedication 4-41 Statute establishing a presumption of dedication of a road maintained by public authorities for four continuous years to extent and width that has actually been maintained for the prescribed period does not limit operation of common-law dedica- tion. West's F.S.A. § 95.361, 6. Dedication 4�=53 Common-law dedication leaves owner- ship of the land in the dedicator, giving to the public rights of easement only. 7. Dedication e--59 Estoppel 4-101 Under doctrine of estoppel in pail, the dedicator is precluded from exercising any right in the dedicated property which con- flicts with rights of the public. S. Dedication 4�=61 On acceptance of a dedication of road- ways by the public, the public rights of easement take precedence over any title to the roadways acquired by purchasers of abutting lots. I'D Municipal Corporationo 4-683(1) Waters and Water Courses "3 Generally, abutting lot owners own fee title to the middle of a dedicated street; however, where the dedicated street runs along a navigable body of water, abutting lot owners own fee title to the entire width of the dedicated land, as well as title to accretions formed along the street. 10. Dedication 4=47 In addition to public rights which may be created by dedication and acceptance, conveyances in reference to a plat may also create private rights in purchasers of sub- division lots to have public places described in the plat maintained for their designated uses. 11. Waters and Water 'Courses 4-155 Purchasers of property, which included a conveyance of property between the road and a waterfront which had accumulated through accretion over the years, obtained title over portion of waterfront property directly across the street from the lots they purchased, even though language in their warranty deeds conveyed more of the wa- terfront property, where the language in the warranty deeds was in the nature of a quitclaim deed as it conveyed only that interest which the grantor held in the prop- erty. 93- 40 BONIFAY v. DICKSON Fla. 1091 ate as 459 So.2d 1069 M& AM. 1 Dist. 1984) 12. Adverse Possession 4-80 ), 1060) John B. Carr of Barnes & Carr, Pensaco- Easements 4-32 la, for appellant Bonifay. Although adverse possession cannot John W. Fleming, Asst. City Atty., Pen - operate to divest the public or a govern- sacola, for appellant City of Pensacola. mental unit of rights in a dedicated plat, John P. Welch of Jones & Welch, Pensa- fee title may be acquired and private rights cola, for appellants Daniel Thomas Bowen of easement extinguished by adverse pos- and Mary Catches Bowen. session. 13. Adverse Possession e-13 In order to acquire rights by adverse possession, the possessor must prove seven years of continuous, exclusive, open and notorious, adverse possession under color of title. West's F.S.A. § 95.16. 14. Adverse Possession e-84 Doctrine of color of title, for purposes of establishing adverse possession, is avail- able only in cases where the instrument purporting to be a conveyance is accepted in good faith and in the honest belief that it vests title in the claimant. West's F.S.A. § 95.16. 15. Adverse Possession 4�=84 Question of whether a quitclaim deed establishes color of title, for purposes of establishing adverse possession, depends upon circumstances under which the deed is given and received. 16. Adverse Possession 4-57 Although purchasers of disputed prop- erty may have shown color of title to the property pursuant to deeds conveying the property, purchasers failed to establish that they were in continuous, exclusive, open and notorious, adverse possession of the disputed property for at least seven years prior to filing of quiet title action, where they had paid taxes for the last two years, had maintained the property for the last two years, but presented no evidence regarding any acts of possession by their predecessors, and other parties testified thatt they had continuously maintained the property since the 1940's. West's F.S.A. § 95.16. 1. See Bonifay v. Gama, 445 Sold 597 (Fla. 1st DCA 1984) and cases cited therein. Artice L. McGraw of Cetti, McGraw, Bearman & Eddins, Pensacola, for appel- lees. BARFIELD, Judge. Appellants challenge a final judgment quieting title in Dickson and Williams who, it is asserted, have failed to show the valid- ity of their title. In addition, appellants contend that the trial court failed to recog- nize public and private interests in the dis- puted property. We agree and reverse. This case is another in a series of dis- putes over the ownership of sections of a strip of waterfront property in a residential development known as East Pensacola Heights.' The disputed property is located between Bayou Boulevard, a street that runs along the western perimeter of the development, and the waters of Bayou Te- xar. In 1909, the East Pensacola City Company conveyed the lots in Block 59, which are located across the street from the disputed strip, in deeds which refer- enced a plat of the subdivision made by J.E. Kauser in 1893. The Kauser map shows the development subdivided into lots and blocks and also shows an unnamed strip of land running along the, western boundary of the subdivision between the platted lots and the shoreline of Bayou Texar. At the turn of the century there was apparently a wagon trail along this strip which became more extensively used over time until it was finally paved by the county and officially designated as Bayou Boulevard.= Appellants Daniel and Mary Bowen pur- chased lots in the southwest portion of Block 59 in the early 1940's, at which time 2. See My of Pensacola v. Walker, 167 So.2d 634, 635 (Fla. 1st DCA 1964). Submi record item :L 93- 40 public with I -ty,-q3 . Matty HiICI. City Clerk,. 10 1092 Fla. 459 SOUTHERN REPORTER, 2d SERIES the shoreline of Bayou Texar ran alongside the dirt road now known as Bayou Boule- vard. According to the Bowens, the land now in dispute was at that time covered with water. By 1946 it had become a bog- gy area, covered with thick brush and pot- holes of standing water. At some time in the early 1950's, a road contractor working in the area received permission from the Bowens to dump sand onto the disputed property. The Bowens thereafter planted grass, trees and a garden, and have main- tained and used the property up to the present time. In 1957 the Bowens gave the City of Pensacola an easement across the disputed property for installation of a sani- tary sewer line. As early as 1941, the county installed culverts under Bayou Boulevard to carry storm water runoff. These storm sewers, and the areas surrounding them, were maintained by the City after the subdivi- sion was annexed in 1953. According to the Bowens, much of the accretion which has occurred since 1953 has been caused by sand washed onto the disputed area by the storm drains from Stanley Avenue and Lee Street. In 1976 Charles and Ellen Lea and Julia Tait purchased the lots in the northwest section of Block 59 by warranty deed which contained a legal description of the lots and included the foliowing language: ... together with the Grantors' right, title and interest, including riparian rights, in and to all or any part of the land and water bounded by a westerly extension of the South line of Lot 9, Block 59, running to the waters of Bayou Texar, and a northerly extension of the East line of Lots 9, 10, 11 and 12, Block 69, running to the waters of Bayou Te- xar. On May 26, 1977, the Leas and Tait ob- tained a quit -claim deed from their neigh- bors to the north for an area of waterfront property which included not only the land directly across the street from the lots owned by the Leas and Tait, but also for part of the property directly across the street from the Bowens' lots. This latter portion of the waterfront property is the land in dispute. On July 28, 1977, the Bowens filed a petition for injunction to restrain the Leas from erecting a fence along the northern border of the waterfront property claimed by the Leas; this case was dismissed with- out prejudice. In the spring of 1978, the Bowens obtained a survey of the water- front property directly across from their lots and a building permit to erect a fence along the northern border of this property. When Mr. Lea tore down the fence erected by the Bowens, Mrs. Bowen had him ar- rested' Thereafter, the Bowens obtained a quit -claim deed from Agnes Leaman, their neighbor to the south, for the water- front property directly across from their lots. On March 30, 1981, appellees Dickson and Williams purchased the waterfront property claimed by the Leas. On July 28, 1981, Dickson and Williams filed suit to quiet title to the disputed parcel, claiming record title based on a chitin of title from October 18, 1963, coupled with a claim of title by adverse possession; a second count sought damages for slander of title. The City of Pensacola was allowed to intervene, claiming the sanitary sewer easement from 1957 and claiming also that portions of the subject property are dedicated public street rights -of -way. Barry Bonifay, a subdivi- sion lot owner whose deeds referenced the Kauser map, was also allowed to intervene, claiming an implied private easement of access across the disputed property. At trial, Williams testified that the prop- erty appeared well kept at the time of the 1981 purchase, that he paid property taxes for 1981 and 1982, and that he hired a lawn care agent to maintain the property from March, 1981 to the present, but that he does not know who maintained it prior to his purchase. The Bowens defended the action, testifying to their use and posses- sion of the property for forty years, but did not seek by counterclaim to quiet title in .. Lea later won a I10,000 judgment against Mrs. Bowen for malicious prosecution. 4 93- 40 HONIFAY v. DICKSON Fla, 1093 Cite as 459 So.2d 10" (Fk App. i Dist. 198M) themselves. In his final judgment, the trial judge found, inter alia, that the accreted property in dispute is adjacent to property delineated on the Kauser map; that the intent of the original owners of the undes- ignated strip of land west of the blocks and lots may not be deduced from the plat as a roadway; that the City has permitted build- ings to be constructed on portions of the undesignated part of the property; and that the proof of acceptance of a public dedication was insufficient.' [11 In order to determine the interests of each of the parties in the disputed prop- 4. The Court's specific findings are as follows: 1) This cause was heard by the Court in an action filed by the Plaintiffs to quiet title to property created through accretion, which ac- creted property is adjacent to property delineat- ed on a revised map of East Pensacola from a resurvey made in 1893 by J.E. Kauser, C.E. 2) That the map or plat contained no dimen- sion thereon as to the width of the lots or streets. The blocks and lots do not extend on the map to the waver body. Depicted on the map is a meander line of the water body in the front of said blocks, which line is not designated on said map as a roadway or by any other designation. The map or plat was not recorded until 1915. 3) That the evidence adduced at Final Hear- ing revealed that several homes and structures had been erected on the undesignated portion of property adjacent to the water body in the near proximity of the subject property impeding vehi- cle travel of that portion of the roadway. 4) That evidence additionally indicates that the original owners of the entire tract did not convey any of the property which is the subject of this suit. It is apparent from the testimony that the original owners did not exercise domin- ion over said property in question nor did they pay taxes on same. 5) That the map or plat pertaining to the subject property was a resurvey of the property by J.E. Kauser, C.l? , made in 1893, which sur- vey was not recorded until August 30, 1915. The subject property, lying and being to the West of Bloch 59, is an undesignated strip of property meandering along the Bayou. That the intent of the original owners of the property may not be deduced from the plat as a roadway inasmuch as there is no designation as such or even any distances reflected on the plat from the property line to the body of water. 6) That the City has permitted buildings or structures to be constructed on a pardon of the undesignated part of idle prope:rly which ties adlacent to the waterbody impeding any vehicu- lar traffic on said undesignated strip. As was determined In My of Perssacok v. Walker, 167 erty, it is necessary to examine its history, starting with the map drawn by J.E. Kau- ser in 1893. The first issue to be deter- mined is whether this map, with respect to which the lots in the development were conveyed by the East Pensacola City Com- pany, constitutes an offer of dedication to public use of the platted roadways. Com- mon law dedication, one of several pro- cesses by which an owner of an interest in land can transfer to the public either own- ership or a privilege of user for a public purpose, requires an intention to dedicate the property to the use of the public, ae- So.2d 634, "The proof of acceptance by the pub- lic of an offer of dedication must be 'clear, satisfactory and unequivocal." The proof of acceptance by the public falls Ear short of the standard set by the rule in Mumaw, therefore, it is hereby: ORDERED AND ADJUDGED: I. That this Court has jurisdiction over the subject matter hereof and the parties hereto, and that the equities of this cause are with the Plaintiffs. 2. That the title of the Plaintiffs, BARRY E. DICKSON and JOHN R. WILLIAMS, in and to the fo!lowing-described lands in Escambia County, Florida, to wit: That portion of land lying West of and adja- cent to Block 59 and to the waters of Bayou Texar, according to map of East Pensacola Heights, by J.E. Kauser, dated 1893. and re- corded in Deed Book 77, at Page 520, of the public records of Escambia County, Florida, described as follows: Beginning at the North- west corner of Lot 9 of said Block 59; thence run North 41'00'40" West for 156 feat more or less to the waters of said Bayou, herein. after referred to as Point "B"; thence begin- ning again at the Point of Beginning run South 49'39 20" West along the Northwest line of said Block for 38.87 feet; thence run North 90'00' West for 81.30 feet; thence run North 49'00'40" West for 106 feet more or less to the waters of said Bayow; thence meander Northea,swly along said waters to aforesaid Point "B" for the end of this descrip- tion, less Bayou Blvd. right-of-way. Together with all and singular the tenements, heretitaments and appurtenances thereunto be- longing or in anywise appertaining, be and the same is hereby, confirmed in and to the Plain- tiffs, BARRY E. DICKSON and JOHN R. WIL- UAMS, as a good and valid fee simple title, free and clear of any and all rights, titles or claims of the Defendants named herein. and the said Defendants named Navin, be and they are here- by, forever barred and foreclowd of all rights, titles, interests and claims in and to said land. Subthe public record ' e�ction with, item n I ` 114- 93 Matty Hird mi City Clerk to V — 40 0 O b 1094 Fla. 459 SOUTHERN REPORTER, 2d SERIES ceptance by the public, and clear and un- equivocal proof of these facts! [21 An intention to dedicate may be im- plied from the acts of the landowner, in- cluding filing a map or plat of the property designating the roadways thereon, or plat- ting the land and selling lots pursuant to the plat, indicating thereon places for parks, public grounds, and streets. City of Palmetto v. K4004 98 So. 352 (F1a.1923). Although it appears that the Kauser map was recorded subsequent to the convey- ance of the subject lots in 1909, an offer of dedication may be implied from the fact that these conveyances were made with reference to the Kauser map. [31 The next question is whether the dedicator intended to dedicate the unnamed strip of land in dispute, as well as the named streets designated on the map. Construing the plan` as a whole and resolv- ing any ambiguity regarding the extent of the dedication against the dedicator and in favor of the public, Florida East Coast Ry. Co, v. Worley, 38 So. 618 (Fla.1905), we construe the map as evidencing the owner's intention to dedicate the disputed strip, as well as the named streets. It moat also be determined whether the owner intended to dedicate for public use the entire strip, or only so much of it as was required for a public road, leaving an irregular strip of undedicated land on the water side of the road. In Brickell v. Town of Ft. Lauderdale, 78 So. 681, 683 (F1a.1918), the court observed: 6 5. However, there are no specific formalities nec- essary to constitute an effective common law dedication. 2 R. Boyer, Florida. Real Estate Transactions § 30.02 (1984). 6. See also Fark v. McCarty, 70 So.2d 314 (Fla. 1954); Bw*art v. City of Fort 14aderdate, 169 So.2d 65 (F1a.1964), and Fejq v. Gratt4 100 Sold 192 (Fla. 2d DCA 1958). 7. Attached to the motion for rehearing filed by the City and Bonifay was a copy of a portion of a survey of the aria by Waring Chapman and Farquhar made in January. 1889. with reference to which Block 53 (not involved in this dispute) was conveyed in 1890. This survey shows a A single undulating line is usually used for marking a water boundary not affect- ed by tides, while several parallel waved lines are used to mark a water boundary where tides ebb and flow; and where these are found on a plat they should be taken to define a lot or street lying on the water, with nothing between it and the water, in the absence of anything appearing to the contrary on the plat or in the dedication. We construe the map as indicating an in- tention to dedicate the entire width of the undesignated strip, from the lot lines to the watcr's edge, for public put -poses? [41 Acceptance of an offer of dedication may be expressed or may be implied from acts showing an intention to accept, includ- ing, among other things, use by the public or maintenance and improvement by the proper authorities of part of the land dedi- cated.s In City of Pensacola v. Walker, 167 So.2d 634 (Fla. Ist DCA 1964), this court noted that a wagon trail existed along the disputed strip in the early 1900's and that as it became more extensively used, it was graded and paved by the coun- ty and officially dedicated as Bayou Boule- vard. The record reflects that in the early 1940's the county installed culverts under Bayou Boulevard to carry storm water run- off, and that these culverts were main- tained by the City after the subdivision was annexed in 1953. These arts of the public authorities in maintaining and improving the road and the storm sewer lines may be construed as indicating acceptance of the entire strip offered for dedication.9 roadway along the disputed strip, lndicuted by two parallel lines and designated as "[.aloe Bou- levard South." There is no indication that this survey was ever recorded or that any other lots were conveyed with reference, to it. We con- sider the recorded 1893 Kauser map controlling in this cause. 8. 2 R. Boyar, Florida Real Estate Transactions § 30.05 (1984). 9. For the most part. the strip of land in dispute (the parties are not claiming an interest in the land under Bayou Boulevard) did not exist at the time of aooeptanc a by the county. but is a product of accretion over the past forty years. j 93 40 '~�y, BONIFAY v. DICKSON Fla. 1095 Cite as 430 6o2d 1089 (FIe.App. I i o. 1984) (5) The Florida Supreme Court held in control the determination of ownership and Indian Rocks Beach South Shore, Inc. v. other property rights with respect to land Ewell, 59 So.2d 647 (F1a.1952), that public not involved in that litigation.1A acceptance by use of the main thorough- fare of a platted subdivision constituted an acceptance of the offer to dedicate the en- tire system of streets appearing on the plat. A similar result was reached in Waterman v. Smith, 94 So.2d 186 (Fla. 1957), in which it was held that an offer to dedicate two contiguous alleys was wholly accepted by the City's action in paving one of them. In Smith v City of Melbourne, 211 So.2d 66 (Fla. 4th DCA 1968), the court held there was a completed dedication of a 30-foot road right-of-way although the City had not paved the full width of the road- way. And in Made County v. Harris, 90 So.2d 316 (F7a.1956), use of a portion of a highway right-of-way as a "grass park- way" was held not incompatible with dedi- cation and user of the whole for highway purposes. Section 95.361, Florida Statutes (1977), which establishes a presumption of dedication when a road has been main- tained by public authorities for four contin- uous years, but only to the extent in width that has actually been maintained for the prescribed period, does not limit the opera- tion of common law dedication as discussed in the cited cases. City of Pensacola v. Walker, supra, in which this court affirmed the chancellor's finding that the evidence affirmatively es- tablished a lack of acceptance by the public of an offer to dedicate the disputed strip of land to public use, except as to the right-of- way of Bayou Boulevard, is distinguished from the instant case on its facts and should not in our opinion be extended to 10. The question is not before us at this time. However, we would find that although the chan- cellor's findings in Walker may have been justi- fied by the unique circumstances of that case, the Walter enures reliance upon Mumaw v Robertwt, 60 So.2d 741 (F1a.1952) was inappro- priate, in that Murnaw was factually totally dis- tinguishable from Walker. It retrains a mystery to us that the appellate court characterized one of the chancellor's find- ing: as "the recording of the ptat might be held to be an Implied offer to dedicate the disputed strip of land to public use" and did not deter- mine the question of whether there was Inten- [6-81 Although section 95.361, Florida Statutes provides for acquisition of fee title to the "dedicated" road, Madden v. Florala Telephone Company, 362 So.2d 475 (Fla. 1st DCA), appeal dismissed, 367 So.2d 1125 (F'1a.1978), common law dedication leaves ownership of the land in the dedica- tor, giving to the public rights of easement only." Under the doctrine of estoppel in pais, the dedicator is precluded from exer- cising any right in the dedicated property which conflicts with the rights of the pub- lic.'= On acceptance of the dedication by the public, the public rights of easement take precedence over any title to the street acquired by purchasers of abutting lots." [9 The general rule is that the abut- ting lot owners own fee title to the middle of a dedicated street, Burns v. McDaniel, 140 So. 314 (F1a.1932). However, where the dedicated street runs along a navigable body of water, the abutting lot owners own the fee title to the entire width of the dedicated land, as well as title to the accre- tions formed along the street. See Bur - kart v. City of Fort Lauderdale, 168 So.2d 65 (F1a.1964), in which a recorded subdivi- sion plat dedicated a street along a naviga- ble body of water to the public, but provid- ed that the riparian rights were reserved to the subdivider and its successors. The court held that the subdivider's successors held the fee interest in the accretions which farmed along the street, but that the accre- tions were subject to the street easement, tion to dedicate. Since the court apparently held that there was an acceptance of a part of the offer to the extent of the right-of-way of the public street, it is only logical that acceptance Followed an offer. To think that there could be an acceptance in the absence of an offer is illogical. If. 2 R. Boyer. Florida Real Estate Transactions § 30.07 (19 ). 12. Id. Submitted into the public 13. Id. record in Connection with item a T_ on i — l 4 9 3 _ 40 Putty Hirq City Clerks M O el .8 t-0 d 14, 1096 Fla. 459 SOUTHERN REPORTER, 2d SERIES so that the general public had the right to use the accretions for access to the water. A careful examination of the Burkart opinion, and application of the principles enunciated therein to the facts of the in- stant case, leads to the conclusion that the Bowens, hold fee title to the disputed prop- erty, since it lies directly across the street from their lots. However, this fee title is subject to the public easement, including the riparian rights incident to that ease- ment. We make this statement by way of observation only, since the Bowens have not requested the trial court to quiet their title to the disputed property, nor has the City claimed a public easement encompass- ing the entire parcel. The foregoing and following analyses of the competing inter- ests of the parties in the subject property are intended as a guide for future determi- nations regarding ownership of and ease- ment interests in this and other similarly situated property. [10] In addition, to public rights which may be created by dedication and accept- ance, conveyances in reference to a plat may also create private rights in the pur- chasers of subdivision lots to have the pub- lic places described in the plat maintained for their designated uses" In McCorquo- date v. Keyton, 63 So.2d 906, 910 (Fla. 1958), the court stated the rule that when lots Are sold with reference to a recorded subdivision plat, the purchasers acquire by implied covenant a private easement in lands of the grantors other than those spe- cifically deeded, the purpose of the rule being "not to create public rights, but to secure to persona purchasing lots under such circumstances those benefits, the promise of which, it is reasonable to infer, has induced theta to buy portions of a tract laid out in the plan indicated." Appellant Bonifay asserts such a private easement across the disputed property. A similar claim was asserted in Bonifap v. Garner, "5 So.2d 697, 603 (Fla. 1st DCA 1984), in 14. 1ci. 11 30.05. as. Except for the 1981 deed conveying the wa- terfront property to appellees, which describes the property by mews and bounds, the deeds in which this court found that the evidence presented "would support a finding that appellant, and others similarly situated, have an implied easement of access to the waterfront property west of Bayou Boule- vard, unless these private easements have been extinguished by adverse possession, abandonment, nonuser, estoppel, or some other basis." Bonifay's deed and the refer. enced Kauser map support his claim of an implied easement across the property in dispute in this case, absent a finding that the easement has been extinguished. [ 11 ] This leaves for determination the rights of appellees Dickson and Williams, plaintiffs in the quiet title action. Appel- lees' claimed title to the disputed property appears to be based upon two theories: record title based upon a chain of title beginning with a conveyance in 1963, and title by adverse possession under color -of title. We will treat the claim based upon chain of title first. Our earlier analysis leads to the conclusion that the Leas and Tait held fee simple title to the waterfront property directly in front of their lots, which title they conveyed to Dickson and Williams in 1981, subject to the public and private easements thereon. However, the language in appellees' chain of title tf does not give them any title to the disputed property, which lies directly in front of the Bowens' lots. Although found in "warran- ty deeds", this language, with respect to the disputed property, is in the nature of a „quit -claim" deed, conveying only that in- terest which the grantor holds in the de- scribed property. Appellees' claim to the disputed property based upon their chain of title therefore fails. (12,13] The final issue is whether ap- pellees have shown valid title by adverse possession under color of title. Although adverse possession cannot operate to divest the public or governmental unit of rights in appelleea' chain of title, starting with the 1963 conveyance, use language similar to that rued in the 1976 convey&= to the Leas and Tait, quot- ed in the text. BONIFAY v. DICKSON Fla. 1097 Cite as 4" Said 1089 (n* App. 1 Mot. 19") a dedicated plat, Loube. v. City of Stuart, 107 So.2d 757 (Fla. 2d DCA 1958), fee title may be acquired and private rights of ease- ment extinguished by adverse possession, BonEfay v. Garner, supra. In order to acquire rights by adverse possession, ap- pellees were required to prove seven years of continuous, exclusive, open and notori- ous, adverse possession under "color of title". Section 95.16, Florida Statutes (1977). [14,151 Seven years prior to the initia- tion of this quiet title action the lots in the northwest section of Block 59 were owned by one Kirkpatrick, whose deed contained language similar to that already quoted. This raises the question of whether a quit- claim deed may be used to establish color of title where the grantor had no interest in the property allegedly conveyed. This question was answered in the affirmative in Deverick v. Bailey, 174 So.2d 440 (Fla. 2d DCA 1965), in which the court reversed a summary judgment, finding that the alle- gations and affidavits as to adverse posses- sion were sufficient to create a genuine issue of material fact. However, in a later appeal, Demriek v. Bailey, 224 So.2d 361 (Fla. 2d DCA 1969), the court affirmed the lower court'a finding that appellant had not proven title by adverse possession, where her color of title was based upon a warran- ty deed from her daughter, pursuant to a quit -claim deed from Shannahan, in which Shannahan's only basis of title was a sales agreement or option to purchase which was more than twenty-five years old and which the court found had long since become void. Since the doctrine of color of title is available only in cases where the instru- ment purporting to be a conveyance is ac- cepted in good faith and in the honest belief that it vests title in the claimant, Simpwn v. Lindgren, 188 So.2d 439 (Fla. 3d DCA 1961), the question of whether a quitclaim deed establishes color of title 16. Ban#ay v. Gamer, 445 So.2d 597 (Fla. 1st DCA 1994), involved a cWm of title based on deeds to appellee and his predecessors in inter- est conveying "any tight that (grantors) may have to the riparian rights belonging to any of the foregoing lots or blocks`. The claim of title depends upon the circumstances under which it is given and received. Although the original 1963 deed upon which appel- lees' chain of title is based may not have constituted good faith color of title, the ensuing series of deeds could be found to constitute color of title, as long as the grantees did not know that their grantors had no interest in the disputed property. [161 Although appellees may have shown color of title, the record does not support a finding that they and their prede- cessors in interest have been in continuous, exclusive, open and notorious, adverse pos- session of the disputed property for at least seven years prior to the filing of the quiet title action. Appellees testified that they have paid taxes for 1981 and 1982, and have engaged a yard maintenance service to maintain the property since their pur- chase. However, their possession dates from March 30, 1981. Appellees have presented no evidence regarding any acts of possession by their predecessors in inter- est prior to 1976, and insufficient acts by the Leas to constitute "adverse posses- sion". On the contrary, the Bowens testi- fied that they have continuously main- tained the property since the 1940's. Because appellees, plaintiffs in the quiet title action, have failed to establish valid title to the disputed property, we must reverse the judgment of the trial court We recognize that our decision regarding Submi the parties' interests in this section of the waterfront property bordering Bayou Te- record xar will have implications for future deter- minations of property rights to other sec- ]ifeIIl tions of the strip, including the trial court'a further consideration of the issues in Boni - fay v. Garner, supra.11 We do not resolve the issues raised by our observations and analyses, as they pertain to possible claims by appellants and others to property rights in the disputed parcel. Our decision is was also based upon adverse pose ssiora, where "color of title", not possesslom was the issue. The trial coures holding that there had been no public dedication of the undesignated strip was not challenged on appeal. ;r the public with Matty Hirai City Clerk 9 3 - 40 > 1098 Fla. 458 SOUTHERN REPORTER, 2d SERIES limited to the finding that Dickson and Williams did not carry their burden of showing valid title to the subject property. The judgment is REVERSED and the cause is REMANDED to the trial court. for issuance of an order that the plaintiffs take nothing by the quiet title action. JOANOS and WIGGINTON, JJ., concur. w C SK['fMUM�RSYStiM James CUTHBERT, Appellant, V. STATE of Florida, Appellee. No. AW-272. District Court of Appeal of Florida, First District. Nov. 6, 1984. Rehearing Denied Dec. 11, 1984 Defendant was convicted in the Circuit Court, Dixie County, Wallace M. Jopling, J., of attempting to cause a riot, aggrava- ted assault, and aggravated battery, and he appealed. The District Court of Appeal, Nimmons, J., held that: (1) court's sentenc- ing of defendant as an habitual offender was error where court failed to make the requisite findings necessary for such a sen- tence; (2) rechmification of aggravated battery from a second-degree felony to a firat-degree felony based upon defendant's adjudication of habitual • offender status was error; (8) reclassification of the aggra- vated battery offense could not be done on basis of defendant's use of a weapon; and (4) evidence was sufficient to support de- fendant's conviction of attempting to cause a riot at the correctional institution where he was an inmate. Affirmed in part, reversed in part and remanded for resentencing. 1. Criminal Law e-1203.21 Sentencing of defendant as an habitual offender waa error, where court failed to make requisite findings to support conclu- sion that sentencing defendant as an habit. ual offender was necessary for protection of the public from further criminal activity of defendant. West's F.S.A. § 775.084. 2. Criminal Law 41202.1 Reclassification, upon defendant's ad- judication of habitual offender status, of aggravated battery offense from a second- degree felony to a first -degree felony was error. West's F.S.A. RCrP Rule 3.701. 3. Criminal Law 41202.1 Habitual offender law does not man- date or authorize the reclassification of of- fenses; only the imposition of sentences which exceed normal statutory maximum are authorized. West's F.S.A. § 775.084. 4. Criminal Law C-986(3) If trial court finds the defendant to be an habitual offender and that it is neces- sary for protection of the public to sen- tence the defendant to an extended term, court may impose an extended term up to periods authorized by statute, provided, however, that if the term exceeds the sen- tencing guideline's range, the court must state in writing clear and convincing reaSubmlttei sons for departure from the guidelines. West's F.S.A. §§ 775.084, 775.084(1, 4). record in 5. Criminal Law 4-1208.6(4) item a Z Offense of aggravated battery could not be reclassified from a second-degree felony to a first -degree felony on basis of defendant's use of a weapon, since the in- formation specifically charged defendant with aggravated battery which requires use of a deadly weapon. West's F.S.A. §§ 775.087(1), 784.045(1)(b). 6. Riot 4a6 Evidence was sufficient to support de- fendant'a conviction of attempting to cause a riot at the correctional institution where defendant was an inmate. 4 o the publi nection wit on 1-1 q-TJ I1ltatty E City, CIE 93- 40 rim } A - r E CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO THE HONORABLE XAVIER L. SUAREZ MAYOR DATE : January 20, 1993 FILE SUBJECT Memorandum Of Yd$i n _ FROM MATTY HIRAI REFERENCES: - City Clerk ENCLOSURES Comments were made on the record during discussion of the January 14th agenda item 22 [sidewalk cafe permit for area adjacent to - Elena's Italian Restaurant, Inc.'s, d/b/a Cafe Sci-Sci, leasehold], which we have transcribed, in part, and attached for your review. If in fact you abstained, kindly fill out the attached form. If not, we will show you as being absent. If you have any questions, please do not hesitate to call. - MH:sI t 0 1F YOU MAKE NO ATTEMPT TO IA ENCE THE DECISION EXCEPT BY DI SSION AT THE MEETING: • You mot disclose orally the nature of your conflict in the measure before participating. • You must complete the form and rile it within 13 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the farm must be provided immediately to the other members of the agency, and the form must be read publicly at the next mating after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST hereby disclose that on .19 (a) A measure came or will come before my agency which (check one) — inured to my special private ,gain; inured to the special pin of my business associate, — inured to the special pin of my relative, inured to the special pin of by whom 1 am retained; or inured to the special gain of ,which is the parent organisation or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: .r• Je Date Fried Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES 1] 12.317 (1991). A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT. REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT. DEMOTION, REDUCTION IN SALARY. REPRIMAND. OR A CIVIL PENALTY NOT TO EXCEED S5,il®0. V.s r%mm W- a"A PAGE 2 FORM SS MEM ANDUM OF VOTINO CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAS? NAME -FIRST %AME-MIDDLE NAME MAIIJNC 0% WHICH VOTE OCCURREO THE aOARD. COUNCIL, C'OMMiSSION, ALITHOR WHICH 1 SERVE IS A UNiT OF. THORITY.ON MMMITTEt OR COMMITTEE ON 0 CM O COVWTV O r7TIPIP LOCAL AGENCY NAME OF POLITICAL SUSDIVLSION. MY ►OSITiON Is. WHO MUST FILE FORM U O FLEC71VE O APPOIVTIVE This form is for use by any person serving at the county, city, or other local keel of government on an appointed or elected board, council, commission, authority, or committee. it applies equally to members of advisory and non -advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side a:►d filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person hoiding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special privl:te gain. Each elected or appointed local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom .be is retained (including the parent organization or subsidiary of a corporate principal by which he is retained); to the special private gain of a relative; or to the special private gain of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357. F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis arc not pri ibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother. son, daughter. husband, wife, father4n-law, mother4n- law, son-in-law, and daughter-in-law. A 'business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner. joint venturer, coowner of property, or corporate &> areholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly suiting to the assembly the nature of your interest in the measure: on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE !VOTE OCCURS by completing and filing this form with the person responsible for toeording the minutes of the meeting, who should incorporate the fora in the minutes. APPOINTED OFFICERS: Although you mLuu abstain from voting in the situations described above, you otherwise may participate in these matters. However, you trust disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in uniting and whether made by you or at your direction. IF YOU .INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION !PRIOR TO TIME MEETING AT WHICH THE VOTE WLL. BE TAKEN: • You must complete and file this form (before snaking any attempt to influence the decision) with the person responsible for recording, the minutes of the meeting. who will incorporate the form in the minutes. • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next rutting after the form is fkd. %.R weer an - Iv31 MADE I PAGE 21 JANUARY 14, 1993 RESOLUTIONS CONT'D Department of Police 21. RESOLUTION- (J-92-870) - (ACCEPTING PROPOSAL & AUTH RIZI G NEGOTIATION OF AGREEMENT) Accepting the proposal of Motorola, Inc./MDV as the pro jR2salcontaining the most advantageous combination of price, greatest flexibility and best features meeting the needs of the Cit • authorixino the City Manager to enter nto ti negot ai ons In substantialo accordance w t t terms and conditions set forth in the proposal submitted March 6, 1991 for the urchase of mobile digital terminals software an su ort services for the Police Department; directing the C y (AIX Commission for its review ana approval prior to its execution. (This item was withdrawn from the meeting of December 10, 1992.) Department of Public Works 22. RESOLUTION - (J-92-862) - (REVIEW OF THE PUBLIC WORKS DIRECTOR'S DECISION TO DENY PERMIT) Upholding the Public Works Director's decision to depy a sidewalk cafe permit for t e sidewalk area immediately adJacent to E ena s Ita an estaurant nc, s a Cafe Sci-Sci, lease old , ue tot the inability of Cafe c- c s operator to obtain the requisite consent of the adjacent property owner to occupy said sidewalk area; making findings; and providing- for an effective date. (This item was continued from the meeting of December 10, 1992.) IMFr Mr. Kay: No, he can't. No. Commissioner Plummer: They cannot? — Mr. Kay: No. Unless they have an establishment, a restaurant establishment in front... you know, on the private property in front of the sidewalk. Commissioner Plummer: OK. Vice Mayor De Yurre: OK. Well, let's move on. Commissioner Dawkins: OK. Mr. City Attorney... Vice Mayor De Yurre: Do you have anything else to say in rebuttal? — Commissioner Dawkins: Wait, one question from the City Attorney. I heard somebody say this is going to court. _ — Commissioner Plummer: It's already in court. Commissioner Dawkins: Now, if we... I mean, it's already in court, but what's holding it up is a decision by this Commission. Is that correct? _- Mr. Jones: That's correct. Commissioner Dawkins: So, if we vote yes, it's in court. If we vote no, it's in court. Is that right? Mr. Jones: That's correct. Commissioner Plummer: Maybe. Commissioner Dawkins: Now, it's four of us up here, if it's a two -two tie, what happens? Mr. Kaufman: No, that's not correct. Commissioner Plummer: No action. Mr. Jones: Excuse me? Commissioner Dawkins: what happens? Commissioner Plummer: Commissioner Alonso: vote. I know ghat it means, J.L., but I'm saying Defeat. We will call the Mayor, so that he can Commissioner Plummer: The wisdom of Solomon. SM 22 January 14, 1993 Vice Mayor De Yurre: No, he recused himself from this one... Mr. Kaufman: May I... Vice Mayor De Yurre: ...because his firm represents one of the parties. - i Commissioner Plummer: A two -two tie is a defeat. Commissioner Dawkins: the Mayor's firm represents one of these companies, so he can't... he has to... conflict of interests. Commissioner Plummer: Well, he didn't announce it. He should for the record. Commissioner Aionso: He did not. Yeah. Commissioner Plummer: Well, basically a two -two tie is a defeat, whatever the motion is. That's simple enough. Vice Mayor De Yurre: Well, then we make a motion to uphold the - Department's... Commissioner Dawkins: OK. It's... Vice Mayor De Yurre: ...recommendation. -- Commissioner Plummer: When that fails, you make one to the contrary. When that fails, you make one to the contrary. When that fails, it's no action. Vice Mayor De Yurre: OK. Commissioner Plummer: Does that mean they've exhausted their Administrative procedure? Ms. Dougherty: Mr. Vice Mayor, I believe this is their appeal and unless they get an affirmative three votes for their appeal, it's denied. Mr. Kaufman: May I address one thing that the City Attorney said, Commissioners? You asked for an opinion. I ask... The question was can the owner deny them the right to the adjacent property. I'm really shocked that the construction placed upon the ordinance that was in front of you, by... as made by the City Attorney... Under 54-114.1, under normal, usual statutory construction in any way, shape or form that I've ever seen, where you have a semi -colon after the word "is issued", or within the contiguous sidewalk frontage of the building where the licensed restaurant or food service establishment is located, provided that the written approval is applied by the building owner and any effected lessee, I can't understand how you're getting that legal advice by your City Attorney. SM 23 January 14, 1993