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HomeMy WebLinkAboutR-93-0184 J-93-179(x) 3/11/g3 93- 184 RESOLUTION N0. A RESOLUTION, WITH ATTAGHMSNT(S), AFFIRMING TFiB DECISION OF THB ZONING HOARD TO GRANT A SPECIAL BXCEPTT4N FROM ORDINANCE N0> 11000, AS AMENDED, T1iE ZONING ORDINANCE OF THB CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, PR PARKS, RECREATION AND OPEN SFACB, CONDTTIONA~l., PRINCIPAL USES TO INCLUDE A RESTAURANT ANA MINIMAL RETAIL AND TO EXPAND THE EXISTING ROOF AREA OVER THB PARR, FOR TH8 PROPERTY LOCATED AT X48 WEST FLAGLER STREET, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN) (THE "SITS"); ZONED PR PARKS, RECREATION AND OPEN SPACE; SUB~'gCT TO ALL THE CONDITIONS CONTAINER IN MIAMI ZONING BOARTJ RESOLUTION NO. ZB-23~-93, ATTACHED HERBTO AS EXHIBIT "A"; FURTHER, SUBJECT TO THB FOLLOWING REQUIREMENTS: (1) THAT THE PLANS ON FILE SHALL B$ MODIFIED AND .APPROVED BY THE DEPARTMENT OF PLANNING, BUILDING AND ZONING, (2) THAT A DETAILED LANDSCAPE PLAN B8 SUBMITTED SUB~7BCT TO THE APPROVAL OF THE DEPARTMENT OF PLANNING, BUILDING AND ZONING, (3) THAT THE PASSPORT PHOTO OPERATION SHALL HAVE NO SIGNAG$ ON FLAGLER STREET NOR ON THE PORTION OF THE SITE FACING FLAGLER STREET, AND THERE SHALL, BE NO DOOR, COUNTER OR OTHER OPENING FROM THE PASSPORT PHOTO OPERATION ONTO FLAGLER STREET, (4) THAT THERE SHALL BE NO TRANSFER OF OWNERSHIP OR OF ANY STOCK WITHIN THE MANAGEMENT COMPANY WITHOUT THE PRIOR APPROVAL OF THB CITY COMMISSION, AND (S) THAT THB PROJECT SHALL BE OPEN TO TH8 PUBLIC ON OR BEFORE JANUARY 2. 1394; SAID SPECIAL EXCEPTION HAVING A TIME LIMITATION OF TWELVE MONTHS TN WHICH A BUILDTI~G PERMIT MIIST BE OBTAINED. WHEREAS, the Miami Zoning February 22, 199, Item No. 9, Board s,t its meeting of duly adopted Resolution ~AT3dt~HMENi (S) C~NTAIPIED +CIZ'T C'OQ' ~rcNC o~ MAR 1 19993 3Rwolu~~i~ ~- ,4~ No. ZB-~~-93 by an 8 to 0 ~8-0) vote, granting a Spe~sial. -~ Rxoeption, subject to the rec~xiremente set forth an Rxhibit "A" - ~ attae~hed. hereto and made of part hereof , and Bub~eot to Commission approval, as hereinafter set forth; and. WHRR$AS, Zoning Ordinance No. 11000} as amended, the Zoning Ordinance of the City of Miami, Florida, requires City Commission approval of the spooiai exoeptian as hereinafter set forth; and WHBRBAS, the City Commission, after careful consideration of this matter, deems it advisable and in the best interest of the general welfare of the City of Miami and its inhabitants to approve the Special Sxoeption sub~eot to all of the conditions set forth in this Resolution and the attachments thereto, and to affirm the decision of the Zoning Roard; 1TOW, T$BRSFORB, H$ IT RBSOLV$D BY THB COMMISSION OF TH8 CITY OF MIAMI. FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Reeolutiou are hereby adopted by reference thereto and incorporated herein as if fully set Earth in this Section. Section 2. The decision of ~:he Miami Zoning Board to grant a Special Sxoeption from Ordinance No. 11000, as am®uded, the Loafing Ordinance of the City of Miami, Florida, Artiol® 4. Section X01, Schedule of District Regulations, PR Parks, Recreation and Open Sgaog, Conditional Principal IIses, to include a restaurant and minimal retail and to expand the existing roof area ovor the park, for the property located at 48 West Flagler Street, Miami, Florida, legally described as the West 3~i.87' of __Y ~~ _~- 2. k -x ~~~ ~~~ i ~ Lot 8, Blook 123, A.L. Knowlton, Plat Hook B at Page 41, Publio -" Reoords of Dade County, Florida, sub~eot to all the oonditione ~, _~ oontained in P~iami Zoning Hoard Resolution No . Z8--23-~3 attaohed -~ hereto a$ Bachlbit "A", is hereby affirmed, sub~eot to the =~". ~~' foliowiag additional oonditione: (1) that the plans on file sha11 -_~ _,_.,. _; =i be modified and approved by the Department of Planning, Building ,, =~ and Zoning, C2) that a detailed landsoape plan be submitted _E; sub~eot to the approval of the Department of Planning. Building -~,' and Zoning, (3) that th® passport photo operation shall have no -~~~ signage on Flagler Street nor on the portion of the site faoing _} _(fs Flagler Street, and there sha11 be no door, oounter or other ~: =~: =' opening from the passport photo operation onto Flagler Stre®t, --T'~ -+,r -ii: (4) that there shall be no transfer of ownership or of any stook within the managem®nt oompany without the prior approval of the City Commission, and (5) that the pro~eot shall be open to the Publio on or before January 2, 2994, and the Speoial Sxoeption is hereby granted, sub~eot further to a time limitation of twelve months in whioh a building permit must be obtained. Seotion ~. This Resolut~.on shall beoome effeotive immediately upon its adoption 9~- 184 -~~ i ~ PAS~BD AND ADQPTBD hie 1~.t~ ~8y o~ ?~~93. V I l~R I, . IT REZ , MAYOR ATTE MAT HIRAT CITY CLBP~ ' PRSPARBD AND APPROVED SY: ~~ G. MIRIAM MASR CHIEF ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRSCTNBSS: ~ ~ A. QII N d S, I CITY ATTO CMM : ~osk : k~470 93- ~~4 ~4- _..__~~ _~„R,V ~. t3®va19o Mown-Rii~e~ux e[l~r~a ~h~ R•~91utl~+n aet+l aov~ i~e- ade~pcAcn. AFxER CONSTOEait~a THE FACTORS Sari t~ga'T'H 1N ORIAINANCE N0. 11000, AS AMENI9ED, THE ZONINt~ BOARD t3RANTED TH& SPECIAL 8xC8pTIt?N A8 T,1ST8D IN ORDIl3ANCE N0. 11000, AS AMENdED, THlC SONINO ORDINANCE 48 THE CITX OF ltlAlll, ARTICLE 4, SECTION 401, SCHRDUI.E OF DISTRICT REQULATIOEi$ a pR PARXB, RECR1iATION AND OPEN SPACE, CONOITIONAIe PRINCIPAL USER, TO ALLOW TNS BNLARaBMENT Ot A CONCL'~$IOK AR~1 T'L~ INCLUDE A RES'T'AURANT AND MINIMAL RE'~AIL ANO TO EXPAND THE l~XISTINa R00t AR1~A OVHR THE pARX, SUBJECT TD CITY COId'!T1'S8iON APPROVAL TOR TWE PROPERTY LOCATED AT 46 WBBT !'LA©LL"R 3TRElST AL80 OE$CRIBED AS WEST 3$.6y' OF L0~1" 6 e 8IAC1C 123, A. L. KNONI.TON (8-41) PUBLIC RIGCORDB O!' OADE COUNTY (FROG). THX$ VARIANCB HA8 A TIMt ieIt~lITATIAN Ot TI~Y,VE 1~iNTHB I N WN I CH A 8U ILO I N0 F1iRMET Nt1BT BE OBTAINE© AND I8 SUBJECT TO TNt CONDITIONS OF THlS PLANNING CKP1lRTi~NT AS lOLLONS a 1 KREP A3 NucH Ot 'THE gavT1R8RN i / ~, AND TtiE BNTIR,6 EASTBRN EiK3E, OF TKl" PARR AS OPEN TO THE BTCY AS POS$IBLI! - THIS COULD 8E J-CCOMPLISHED 8Y ~'~i8 U8E 0!' THE fABPECTBP 9KXLZGHT$ A$ WELL AS COKPLtTEIeY OPEN PANELS IN T]NE ROOF OVER THE PLJINTERB AN6 l~0UNT112Nf THIS x9 $0 THAT aVEN THOUett THERE WILL 8E CONCESSIONS IN THE PARK, IT aZLL 1CSEP A SEWER OR" OPENING WNZCH i~ CONSISTENT WITH Atd URBXN PARR 0 Z) AL~D AT FEAST T'MICt THE AMOUNT O!' DL~PICT1i0 LAND8GA8B lsATaRIRL TO TH8 EAST SiQR 4t THE PARTC j ANi9 3) PLANS MlBT $H01t LOCATIONS OF ALL PROPOSI~D CONCESSIONS (a13 DESCRia6D IN THE JITTACHao LATTER - ExHi~IT 1). ~' . E+ :~ Upon 3~lnq s~oonds~d Ibyr Tor. Renalel toa Ltes ^otioA aat paa~~,d and adopt~-d ~y tho !ol loainq v+~~o e ,AYESe l~ta. Ibtali• aesA iaett.la ltoran•ldtbaaaux, toss, 4aeekat 84atda, Luaoaa and 1-lat+so-Pooh NJlYEB a Yaona . J-88RZITa sls. Asasnlo t~tilian aad asastuol Alonoo~toch Ns. tarnaadase /btivn varrlar a to 4. tezbema~R~! AY, lfl3 Ytaa f ! ~i~ ieard 93- 184 ~''.~=.~-ti F,-off ~F2I '?kT Cesar OdSo, City Managex CSe,`~ojf ~~3i,a~i { C V 1~~:Z Af•:.~: wGa:'1 wi; .A~i t4:a~: , FL 3323 p4~tr Mr. Odios ~~~~~~~~ r:~~~Y ~~~a~ CI1Y C4.~~K C1`~'f 8~ NiAMt, Fly. ~ tit 3 .ne puz~pv~s of this letter is to r®guest your approval to eervieos being rendered at Fau1 Walker Park by Latin American Gourmet ~'aods, X~a. thr©tiagh their canceasion at ty~-t site. The ~concsseion agreement tails Sor ttte ssrving of foals •nd dri~-ks at the sits as well as other ancillary sei^vioes. As part of those ancillary sarviaas +~nd du• to the location of then Paul balker Paxk in do~rntoNtt ~ismi, it is our intanti9n to oporatar a passport phot©graph serviaa~ and rhos shine Dooth• as part of tttw concession. It is pro jetted that the service wi12 boo implemented along with the food and drink •srvicss as well es othex phyoiaal i~apscovements being undertaken by the manmgsmsnt of Latin Asaeriaan Gourmet Restaurants, xne. .. Please sign below indioating your appz'oval to thasa s~arvicsec. inasmuch Ae Latin American ~ouraet RestAUrantr, Ync. strongly ~iievss that said +additional d4rviaes wilt at~hanae the City~s portAcan of its monthly receipts. ~i r: ~~a. , ~'~' •w L.ea Alk~a, Frasiderit Lati ~merioan ~iourmat r 4 Restauraa~ts, ins. X herat~ ap ova o! the eorvices to bar rendered ss part o! the ao sesior~ agrse~,ent and dsa+crfbed above. c .w Caaar Olio, City ~tanagir EXMIP~IT ~~ ~~'- ~.~~ XQH[NG FACT SHEET lOCAt10NJLEGAL 46 nest Flagier Street W 35.6' of !ot 6, Block 123, A.L. KNOWLTOH {9-41) PROC APPLICANT/ONNER Lazaro Alba and Aida Zalazar Virgilio Perez, Agent Latin AaericaR Oourment Rest. Paul Walker Park P.Q. Box 450617 46 West Flagier Street Miami, Florida 33245 642-6666 XONINf PR Parks, Recreation and Open Space REQIIESt Special Exeeption as listed in Ordinance No. 11000, as mended, the Zoning Ordinance of the City of Mimi, Article 4, Section 401, Schedule of District Regulations, PR Parks, Recreation and Open Space, Conditional Principal Uses, to bllow the enlargement of an existing restaurant, and the placement of a new canopy over an existing park area, subfect to City ComMission approval. REC~'iENDATIOMS: PLANMtlNa, BLDG b ZONING Approval with conditions. PllBUC WORKS No Ce~mment. PLAT AND STREET N/A DAOE COWtTY TRANSPORTATION No Convent. ENFORCElOENT HISTORY, dF ANY C.E.B. Case No: NJA Last Hearing Date: N/A Violation(s) Cited: NJA Affidavit of Mon-Compliance issued an: NJA Lien Recorded on: N/A Total Fines 7o Date: N/A Caements: N/A HISTORY Found: N/A ANALYSIS The Planing, Building and tonins Department recognizes the difficulties which the City has experienced in trying to maintain the Paul calker (FTagisr Streetj ^ini-park as a usable urban park; specific problems Include pigeon droppings and the hosetess; the departam~nt is therefore recommending approval of the proposed uses to be established in the perk with the fiotlowtnq conditions: i) Keep as such of the southern i/3, and the entire eastern edge, of the park as open to the sky as possible - this could be accomplished by the uss of the depicted skylights as well as caa~letely open panels in the roof over the planters and fountain; this is so that teen though there will be concessions in the park, it will still keep a sense of opening which is consistent aith an urban park; 2a Add at least twice the aaiot~t of depicted landscape material to the east side of the park; and 3) Plans must shave locations of alt proposed concessions (as described in the attached letter). g~` .~84 APi't~fC~T1Oi1 tt~i4~R 93- 133 February 22, 1943 ltemi 9 Pie 1 ~ t~/26/93 .~;,, ti °', At it.~ meeting of ~eb~ary 22, 1993, the Zoning' Acrd ~'Pt~ elation ZB 23~-93, by a vats of 8-~, x~aGame~nding a}apr+7vm1 of the atxyve. tie reply AGAIN~'I' w~a recefvec~ by t~i.l. it ,._ e, `. 93-~ ~~34 Y ' ~• ~' i ii~Y 7, 1992 Ces;~r Odin, Gity :!anager C1.tJ Cii '~:la.~,i -.._ 24~.a:~i, rL 33133 1~~Z ,;~:~ I P~', 3 ~ ~:~- i CISY CLEI?K C~T'~t ~F NSAP!~, ~L~, Dear Ndr. odio: f 'll~e purpose of this letter i5 to reguest your approval to services -t being rendered at Paul Walker Park by Latin American Gourmet Foods , ~' I:~c:. through their concession at tyat site. The concession agreement calls for the serving of foods and drinks at the site as well as other ancillary services. As part of those ancillary services and due to the location of the Paul walker Park in downt®wn Miami, it is our intention to operate a passport photograph service and shoe shine booths as part of the concession. It is projected that the service will be implemented along with thc~ food and drink services as wail as other physical improvements being unuartaken by the management of Latin American Gourmet Restaurants, Inc. Please sign below indicating your approval to these services. Inasmuch as Latin American Gourmet Restaurants, Inc. strongly believes that said additional services will enhance the City's portion of its monthly receipts. sinaetra- ~- f' ~ - Laza~ty Albo, President Latil#;;American Gourmet Restaurants, Inc. ~. ~~ '_ - Ihereby ap ova of the services to be rendered as part - of the co ~ ssion agreement and described above. ~ , Cesar Odio, City Manager f 9~-- 184 a Uci ` ...... - -__ _ ~, __-,-x,.--~-,_. _ ~~~ 1 1'V~41 ~M~ ~` COtnn~E'GE SQU- Suq ~~ ~~~~R' ~ _ ~. '~ C T nj ~ 3'm."'~" - t~ W t, .~ ~ ~w Q TRL1Cf '8• ~~ ~~~~w~. ~ DOWNT®Will GO~b~i Ii4~i ,~ CENTEA~ FIRST AOpIT00N ! _AGLER - ~ • (• NT •i• s t 1 ; -~ W s - ~ ~epv• Q : - rrn - nta rn~+f!«_~~ •~ ~ S T. SUB - ,,., ~ • 1 •~ ~--~ d h + • ~ e 3 ~ __ • ~ s ~ ~. = io e~rerADllovvaAO'~Iro.:t • ~ROpERTY 0>R' It .~ Al .W . ~L +~ > 3: u Z Q couNTY COIJaT H~MSE iHd. Ft~AG~f Q 0 O t r i rs to S. W. ~ rtsl• Isis 1? +9 e• ~ s ST . pa sr S T. • ! 2 ~P • ! ~ PO+S T 7 M ~t ~ ~] .• ~Fi~~~G • • r• s • s 2+ A s s - • s • _ N ~ 9 1 , M 2 -." . ~ ~ ~ a t ~ • ~ • • T • s • * e t • ! M ~ Q tt +1 K !~ t• ~ ~1 1~ N 12 12 N 1! I• ~~ ~ N. E. ~ - = ~ ~_- M 1 16 T _ {2 c7 1. 1! M IT 1• 1• It t! M 19 t0~ir ~" EAST ~ FLAGL ~ ~ 1 ! • ~ • f t ; 1 • ! f ~ r • N ! 2 Q 21 1 Is N • Is IT r 1• 12 +a rle• ~ +~ t , S.E. _ t ' -'_ ! __" O ~ s • T • • ~ t ~;~ v ~ • M ~ ~' Y + +t Is t• ~t ItT `:• +sl ~t ~la nI+ 1 ~ W o~~tt !to ~. ~ • i T MIAMI STEAM ~ E ECTRIC STATION _ ~~ t RIpA OWER liMDO I.IG M T '^C O. W " ; ~ tlac ~ a+ , . ,.~ .. + a.~l~. J ~~ dl• • !I:!tsls!Np •f•t-Islsi• n to +~ +• ~i +• ~ M THATCHER EyTERPk15ES I Pr:OPERTY . ~ •.- + sE ~ ~ p MlAARI COMi' .~ ~p o i ~ +• ! !I~ ~G,n $ p~` AM9E.PlOEO .i! ~ 184 ~ ~. 1~ ~. { ' 1C~t3t FLACLSR 4tR~1St __ `~ i ! ~ ~~~si~l ~~~ j~ I 4` ~~~, II'~I~j r"~~ ~~~~E,~ ~i~'~~~ ~~~~~~~ ~ ~~ ~, .~ ~ ~; II ~ .. ~.~~ A ~" ~'~• Q ' ''~`4 '~ _'~~ A ~...~ {i~ ~` ~ \ ~~. ~,~ .,~ ~ ! P ~ i\••~ ~ « ~ i ~~ `~.`~ , ! • • ~~ i rr. G~ j~ffGl t,~ s~ - j" jj/ i[/i'} 93-~ i84 // ._.__.~....____._._._ ~EtE~ &.~'~R~'L~ ~ tit ~~ ,~.~ ~.. N • PM OMANI ri 93- 184 -T '-TK-AtZ 4-PERE: .1 0 ~a APPl. I CAT I ON FOR SPEC IAI. EXCEPT I Oil File Mueber ,~ Mithin the City generaliy, or within certain zoning districts, ~ certain structures. uses, and/or occupancies specified in this ordinance are of a nature requiring special and intensive review do detenine whether or not they should be permitted in specific locations. and if so, the special lieitations. conditions, and safeguards which should be applied as reasonably necessary to, prosote the genet:l purposes of this Zoning Ordinance, and, in particular, to protett ad3aining properties snd the neighborhood froei avoidable potentially adverse effects. It is further intended that the expertise and 3udgeeient of the Zoning ®oard be exercised in caking such detersiinations, in accordance with the rules. crorsid:rations and liaitations relating to Special Exceptions. (see Article 16) Foraal pubiie notice and hearing 1s aarMatory for Special Exceptions. 1'he Zoning Board shall be solely responsible tar - - deter~einations on applications tvr Special Exceptions. Ali applications shall be referred to the director of the Oepartaent of Plarmir~. 8uiiding and Coning for his recoesendations cad the director shall Hoke any further referrals required by these - relgulations. - i, (~i41~. o~ID . ~'~ o hereby apply to the City of tiiaai Zoni Boar~ f~o~, ~proval of a Special Exception for property located at ~l !o LV~r~' ~ ~ae~ S't, ~'/~a,u ~~ F1- ~ 3 ~ 3j i~ture of Psopoaod ilse (6e specific) ~~tfAiniateal~ te~,~ic~s _ aue.4 ~a,t ~ 4 ~ C ~s ~ ~~f NG i c Ante' in t a~ '~ a 1< "1 ~pa.~Cs ~ea~nf. ,~•Ia support of this application, tM follow'irq aaterlal is subaittedz I. 'TMo copies of a survey of tM property prepared by a State of Florida Registered Land Sur~rsyor. 2. Four copies ots lice sits plan showing (as requir~l) property boundaries, existing (N nay) and proposed structure(s). parking. la~rodscaping etc: building elwations and diaensions and coarputations of lot area ~ and building spacing. _,_,.,, 3. Affidavits disclosing ownership of property covered by application and disclosure of interost fon (attaM to application). 4. Certified list of owners of real estate within a 37S-foot radius of the = /,_ outside boundaries of propeRy eoverad by the application. 5. At least two photographs that sha+-the ~tire property (lid and ioprove- - e~ents). ,,,.,.,,,-,,, 6. 04her (Specify) t.{~ ~ ;~, 7. FN of ~~ to apply toward the cost of processing: ~~- 184 .\ .+,,~ Special Exceptiov- .......................... 5650.G!? Surcharge equal to applicable fee fray item above. not to axreed six hundred and fifty dollars (;650) except frog ~encies at the city; such surcharge to be r+tfurnded to the appl i ca~-t i f them i s no appeal iron a property o~+ner within three hundred and serentytire 9375) feat of the su4,iect property. , {C1tlr Code -Section 62-61) Signature X ~~ 1 I~q " th+ner or Authortied Agent ilase e.sa ®~i b -- A ~ a~ ao~-tbc c ;, ,,~ Address ~ S`0o emr/ miN~ d!~ ~ ~1ow~i , t~,,, ^~ =~ Phroe l~s'~ ~ S~ - S3 art ~'- .L. .-- • ~ (~ .... ~~ ~ STA'TE`S Fl~tiCA) ss: cater of cAaE ) soa ~ I~,,,.„.,_~ being duly sworn, depoxes and says that he is the {AutP~riaed ent of CMne j ot•the teat prop:rty described in answer to question I1. above; that he re foragoing ansarars and that the saga an true and coe~tete; ant {it actin as want for owner) that he has eutharity to to thls petition on behalf of the a~ner. {a~I SidORM Ta Aiq SIWRiC~-~ bet this ~_ day of i9q~ My Coweission Expires: a Lary Public State of Flari6a at large ~~` 18~ v AFFIDAVIT STATIC OF FlORiOA } } SS COt1NTT OF DARE } Before a-e, the undersigned authority, this day personally, appeared ~SA1iPL ~(? I O ~~'~ ,who being by ae first duly sworn, upon oath, deposes end says: i. That he is the owr~ar, or the legal rtpnsentative of the owner, submitting the escoapanying application fora public hearing as rpuired by Ordinance ilODO of the Code of the City of Nieai, Florida, affecting the reel c ' property ~bcated in the City of Miari, as described and listed on the pages x attached to this atfidavf~ and wade a part thereof, ..- ~, -~ 1. That alt owners which he represents, if any, have given their full r .- ,,,_ -- ~ eli.toaplete pereiission f@r hir to act in their behalf for tM change or ecditica- ..,~ tips of a -classification or regulation of zoning as set out in the accowpenyirg petition. 3. Yhat the pagan attached hereto and nade a part of this affidavit contain the cerr~t naaes, piling addresses, phone nt~ben a~ legal descriptions tmr the tM real pt~operty of which he is the o~wcr oar legal represontative. . 4. The facts tY reprasente3 in the application and docusents subaitted in oo~unttion with thin affidavit an true and correct. Further Affiant sayeth not. ?~ (SEALS (N~) Sworn to and Subscribed before eN this ~~'~tay Of ' , I9~ NOTARY P;~.I: S~AP~ f,'- ~i,',^.iL,1 L2..'> v .. ~ . :. . i ~ ~~ v Mom Pub11c, St a of lamrid+s at large Nv r~,.~ission Expires: w~ ONNER'S LIST Owner's Nape 0 r, Nailing Address ~SO~ ~-~t~r'ti~N-n+ t't_ ~i~owti _ ~--~ Telephone Nueher legal Description: ~'rt~ tA~eai ;i~`.6~ mf ~ I- G ~~ 1 a-3 A . ~,, . lC po~~"~N pe ~o,t.e~ ~ n o; i'o rt ~,e -~ ~ d'I ~~e ~,ro ~ a~ +2e~ ~e ~d ~~ ~ ~ ~t.,.~ ~o ~C, @a j A~ Pa,~~c. y ~ ,~ ~ ~ Ine t~~,.61 ~ e Owner's Nair Nailing Address Telephone Nu:s6er legal Description .. ac c Owner's Kaae ~' Nailing A+idFess ~~ <<- Telephone M~l~er ~, ;.._ legal Description: A~q- otM~r real estate propertq owned indiridwlly~ ~ointlq. or sereraitr (ha- corporation, parb~ersfiip or pMrately} within 37S test of the sui~ect site is listed as follows: Straet Address legal Description Street Address ~~~~ street Address f, ~~ s'~ ~~-r3rao Legal Description .~-- legal Description "~ ~T DXSCtOSURC Q~ OYNCRS~Ip 1. t,egal description and street address of subject real property: p l ~,,,~~ µ 1 d F ```~1t^' ~i.a,~ ~ i G ~~K'4 ~~ D F 13A~'~ ~1'~~,~ ~, 2. Owner(s) of sub,~ect rest property and percentage of awnarrship. Note: amity of Nia+ei Ordinance No. 9419 requires disclosure of all parties having a financial interest, either direct or indirect, in the sub3ect a~atter nt a presentation, request or petition to the City Cnewission. Accordingly, question i2 requires disclosure of shartholders of corporations, benetlciaries of trusts, and/or any other fnter+ested parties, together with their addresses and proportionate Interest. ~! ~ o fi ~ w e0 s~ t -~- ~r2v ~oe,>~ ©v~l ~fBQ, ~ V (~a~o ~~~ I~~i rt ~1wKK-ica~ ~'o~R M•a.~ ~e~~,o~~r ~' ,~,~re .. 6., Na~+~~eK~~-~' ~ L1~-Ro A ~o - `i s /. ~ NBrt ~-i~k,• ~ -tse a,~,•ens't e~ LM4', • 3. legal dcription and street address of any real property (a) owned by any party listed answer to question /2, and (bj located within 3I5 feet of the subject real pnyerty. _, «_ __ rs ~- .. _: ,-, . ~ ~. .~ .~ ~~1/I~cEIL ~ FOit OYN~ER ro~ty ~ G` ~ e ?~ k.~ STATE OF FLOltY0d1 } SS; ~ ~t ~ r COtilITT OF QADE y ~SOa,+2. ~lo ,being fly :wont, depose: and Pays that he is the (Owater) (Attontyr for Qatar) of the real property described in answer to question il, above; that he has road the ring ansvhrs and that the saes are Ina and coaplete; and (ii actirq~ as attartrey for owner) that M has authority to execute the Disclostm of Qwnersloip tons on behalf at the owner. (SEAL) (Neale) S110R11 TC1 AINI SiJdSCRI~ED before ae, fhi f''~~ G,~~~ aayy I~TRRY PL ~ 19 ~cr cc~::xsaar~ xr:r. e::c.iQ,;u~,j Notary Public. State of Florida at Large fi~'~ci~ )'~F.ir :~P::uw i.~i. ?~3. MY CQ~li1SSI0N EXPIilES: k r s3- is~ 5 `~. x i:, r7i F' i:'J:2I nA ~ S S - :.~U.~':'X OL' .ia~:. - ~ ~ ~cK ~.lo~,yr ,Q~u~a/CHy ~..,~.++Q~~~~p u n~a~~ ~c .mac _ = t~ -~io ~?c~v2~Z~-Qt}~~ ^ ,;~eing ~'u1y sworn,•ie~ases anu says that ::e is t;za oF~r.Er attorney or Owner) of tie real pro~Erty ~.c:scrihec. ir. answer 40 _ ~*uestior. ~ 1, a;~ove; tina t .ze 'raa teat' t:z_ £oregoi;ic answer an~.. that the same - are true any: co;a~lete; ar.•:: f if aati:zg as attorney r`or o~.~r er) `- a= ..a :gas - a:~t:~ority to asecute t:~e '~isclosura of Q~.vnershi~a Loan on as f~ of t;~e owner (S~;a~,) - r4'f7~o~~ ~: ~ - ~~a t ~, t ~t'~`TR'4"~E'A swv~.sro ENRt(9f1E7 fY0'P'ARY Pl18WC 5i'AiT OF FLORIDA eoMM~sssorvrvo.ccz~r~~z :;ot~ ublic,State of r^lorf MY COMMdS6iO1V EXi'. OCi: 20 ~94~s a t a rg e N _ ~ ~5 N ~. ~ s `, c_ ~_ :-? °_ - ~~ ~ ~ ~ --- k. naa~ .41 r MQn Ev rr"nese rresen rs ^at iatir, ?,~c?r:,an iieurmet ities*.a~~rant, Inc. ~id.ve m3c:z. ~~onstiT~~ted ana apu+~inted. and ov *.ne:~p pC?cet',LS ,7+~ c:t8eie, ^or,stitute+ ana app~,inr. Vir~ii_io_P~_re`-- ...w_i_'.r~ '_. .'Q-; a- 6+Ui _'j-'.r i_agier_~~*. quite #~G1 Miami ,,r l_:~3_I3~~ true ana : aw .:_~: -= a-tornev in fact for them ana in t:neir name. place ana steaa *.c -_- suomit ar, agpi ication. arepare a: i paperworx. maze alt appearances ana do anvtnin~ that may otherwise oe necessarv in connection with _ ~peciai t=__x~~c?tian rea!ui rer_i to operar_e under a ma_na~ement agr~+eme,nt. ~_ sisnea with_the city oi___Niiami__or acv other reoui:~eme.nt of and _ _ dersartmer+t or ;,hp ciCY__of ~fiar:i -Eor the premises described as: _~__ LECAL U>=~CRIPTt01'+I: The West 35.6'7'of Lot 6, Block 123, A.L.Knoalton, according to the Plat thereof, as recorded ire Pict -- BooEc B, at page 41, of the Public Records of Dade County. Fla. AKA: _ •4G West Flat~ier, Mia~iiFl_orida._33135 __ ?ziving and granting unto Vir~ilio_._iaerez said attorney in fact fuli power and authority to ao and perform a,l and every act and thin¢ whatsoever requisite and necessarv t.c 3e done ' i n and about the premises as ft~ I I y. to a i i intents ~ nG o_:rao_gc.. as 7hev might ar coui d do i f oersanai i v pY•e_enr . wits': ru; i p3i~er at substitution and revocation, nerei,y ratirvir.~ an.~ confisl~int< aI: that _'vi_r~_iI_ip__pere~_~ said a*r.~~rney in Ya~~t cr ^i_~,_ sub=*_i~'xt#e snail iawfuliy do or cause to oe done by virtue Hereof. 1 n Wi mess Whereof, _~ have hereun*.o set I%~~ Ranc and ~?3 i the _~~ day of ~j/~i,t/Jr~~~/ in the year one thousand nine nunc~re4 and Ninety three Seaied and Lel'vered in tt~e prase f ~ ~'~t~~ i L .~ . • I tL.S.I t _~ - St+~ tt~ of ~l on ds County of ~d• _= Be it Known, that the foreQoine instrument was acknowledged cafere me the L7th day of ,lanuary ~~ in the year nnc~-_ __ thousand nine hundred and ninety three byd~9t.vRO ~L~o __ .wna _„personai iy known to rrle or who __` produced '~_/~i ~ ~,letaa~t. •~ ' ~~s~~ nd who did not take an oath. _ f% lt101'ARY IEAt.fC ",ETATfi OF _ orr~«?3'tlt2 ~ y Publ is - _ .~9 i9A6 Se r i a i ~ / ! ply commission expires: Z9~7'to, t99i~ State of FI orida I fl lataael.t~T 93-~ 1~4 =_ -~ ~s~ t 1 .i -? ~ i. ,~: __.~ ~ _ ~~": ~ • ~ ~~~ k Q, 0 a`~~ '1V Y..~~N~A~Li2't~:~~a~.ti 1~_ BE~'WEE:: THE CITY OF MIAMI AND Iac'~-'TiN ~M t31'~s'~,'~ GOur;:dl.T RESTAL't'tAa'~IT .~N_~. FOR THE MANAGEMENT, OPERATION AND MAIIJTENANCE OF THE PARK CONCESSION AREA AT IACATED AT 46 WEST FI,AGLER STREET MIAMI, FLORIDA -- _ .,_„ ~~~EIV~D .,~ ~ ~, _ - tJ~2 JUi~ ' ! Ai G' ~ ~HTTY ~ it~A1 - Cl3Y C~.EP,K i" CIT f 0~ ~IA~SI, Fly,. ~ - }_ M~ ~~ _ ~- ~= ~~ ;~ - ~-~ :~ - ..3 -• '1 ! _ 93- 1~4 ' `+11 ~1 ~~LE ~~ C~E:~~'.~_ 1= DESCRIFTIUN OF 'THE PARK CONCESSION AREA 2. USE OF CONCESSION AREA 3. TERM OF MANAGEMENT AGREEMENT 4. MANAGEMENT FEE 5. HOURS OF OPERATION 6. STANDARD OF QUALITY - SUPPLIES AND SERVICE ?. MANAGEMENT 8. FER~'ORMANCE BOND 9. ASSIGNMENT OR TRANSFER ;~ 10. INTEREST CONFERitED BY MANAGEMENT AGREEMENT r ,..~ 11. TRANSFER OF Obr1NERSHIP ~ , 12. RELEASE C)F CITY FROM LIABILITY ~ .;: 13. ANNUAL STATEMIGNTS 14. AUDITIAIG OF ACCOUNTS ' 15. CITY'S RIGHT TO E}~AMTNE AREA 16. COMPLIANCE 17. PENALTY FOR VIOLATIOI~T OF RULES AND REGULATIONS 18. ADVERTISING FATTER 19. POSTIAIG ARID CONTROL OF` PRICE SIGNS (FOOD AND BEVERAGE) i 2Oe INSURANCE 2I. LICENSES 22. .EQUIPMENT ~: 'i ~_ ~3-- 184 __ ____ 23. MANfiGEMENT, CUSTODIAL ANO JAtSITORIAL SERVICE 24. ALCOHOI~I~ $EVERAGES 25. I~XTERMINATOR SERVICE 26. N0NOISCRIMINA7~"IQN 27. TRASH, RUBBISI~, ANU GARBAGE DISPOSAL 28. SAFES RESTRICTIONS 2~. IMPROVEMENTS 3O. UTILITIES 3I. RESPONSIBILITY FOR DAMAGE 32. INDEMNIFICA'TTON 33. DAMAGE OR LOSS 34. DEFAULT -- 35. ATTORNEY'S FEES 36. SLIRREN0ER OF AREA 37. WRITTES~t NOTICES 38. CAPTIONS 39. BINDING ON SUCCESSORS 4Q. AMENDMENTS ANO MO®IFICATIONS EXHIBIT Aa Affidavit of Ownership EXHIBIT B .- tntpx~vvements Sketoh EXHIaTT C - Equipment TnventOry ~ 5. ~' !' ~ is -; :~ ~~ =-c ~_~ - ~ 93- 184 15 ~_~ .~-"~ THIS MANAGEMENT AGREEME2~T, made and entered into this day of , 1992, bX and between the CITY OF MIAMIF a municipal corporation of the State of Florida (hereinafter referred to as "CITY") and LATIN AMERICAN GOURMET RESTAURANT, INC. (hereinafter referred to as '"MANAGEMENT"). WHEREAS, pursuant to Resolution No. 9 1736, passed and adopted by the City Commission on October 3, 1991, the proposal of LATIN AMERICAN GOURMET RESTAURANT, INC., for the management, operation and maintenance of the park concession area at Paul Walker Fark located at 46 West. Flagler Street, Miami, Florida, was accepted; and ~. WHEREAS, in conjunction with the management, operat~x~n and maintenance of the premises, the MANAGEMENT shall haves the ' -=~ exclusive right to offer for sale and sell food, beverage and -- -s other related ancillary products. J = NOW, TFiEREFnRE, in consideration of the premises' and tai:tual =~ covenants hereinafter contained to be observed and performed, the parties hereto do hereby covenant and agree as follows: 1. DESCRIPTION OF 'PETE ,PARK CQNCESSION _AREA:_ For and in consideration of the mutual promises herein t contained, the MANAGEMENT agrees to assume full management, operation and maintenance of the park concession area in Paul Talker Park, located at 46 West Flagler Street, Miami, Florida, which is owned by the CITY (hereinafter referred to as the r t F' I E* V ~ •+ ~ V 4 "AREA" j . Said AREA :i.nc:ludes the recrea't.ional seating area, the fared service huil~iing, the green areas {which consist of existing trees and shrubbery contained in eoncrete planters as well as the seating areas necessary far the concession operation) and the fountain.. MANAGEMENT accepts the AREA and all fixtures, improvements and equipment as is at the time of the e~eeaution of this Management Agreement. 2. tJ,~.,~,~f ~ CONCESSION AR$A_ (a) MANAGEMENT shall have the exclusive right to offer for sale, sell, or otherwise dispose of food, beverages, other related and ancillary products, and any other products or services as may be approved by the City Manager in writing. MANAGEMENT shall ffse the AREA for the primary purpose of operrating a food and beverage concession. --- (b) MANAGEMENT shall make no unlawful, i.mpro~er or -.~ ~=, uff+ensive use of the AREA. '~ _-_~ (c) This Management Agreement and all rights of the MANAGEMENT hereunder shall, at tha option of the CITY; cease and terminate upon discontinuance of the stated use and operation of the AREA by the MANAGEMENT. 3 . TERM Old ,1J8 AGEI~;E~dT AGl"{EEMENT Tt-a teraa of this Management Agreement shall be for a period of five (5) years beginning on the date of its execution. fine CITY shall have the option to renew this Management Agreement fos one additional five (5) year period ff, in the sole discretion of tha City Manager, the operations of the MRtIAGEMENT .. ~ ~ /'~~ 3.. i ~ ~ z ' ~ 9~°~ 1~4 ~- .~~~- _~ during the ~.nitial term have been satisfactory as regards quality, service, prices, cleanliness and other considerations. 4. MANAGEMENT. FEE ~'or the right to m~-nage the concession area, the MANAGEMENTI will pay to the CI~'Y a guaranteed minimum monthly payment of Seven Hundred Fifty 0750.00) dollars Olt fifteen (15~) percent of th,o *~nn*_hly gross receipts, whichev®r ie greater. This management fee will be Submitted with a monthly report of such gross receipts The term "gross receipts" as used herein shall mean all monies paid or payable to the MANAGEMENT by any person, client, patron or entity for any and all goods or services provided by the MANAGEMENT in t41e AREA, whether collected or uncollected, whether for cash or credit, provided however that any sale~':',taxes imposed by local, county, state or federal law and paid, by =~ purchaser for goods or services of MANAGEMENT directly liayab~ to ~~ a .taxing authority shall be excluded from the computatioA: of gross receipts. - ~- 5. HOURS OF OPE~~TTON Hours of operation of the park concession area shall be such as to provide ~t2te aaaximuan convenience to those served and shall be as determined by the City Manage.r~ Minimum hours of operation shall initially be from 7:00 a.m. to 6:00 p.m. Monday through Friday, and 9:O~D a.m. to 3:00 p.m. on Saturday. The park concession area would be closed an Sunday. <- 93- i8~ 6 =~ ~- ~d _~ _~' 6. ~T.I~.Q~~3 QF ~U~l~l~~.._:___~UP,~I,S A,~t.U SERVICE- ~~ MANAG~;MENT shalt at all tunes keep the AREA. adequately stocked with eoznmodities, fond and beverages, and adequa~Caly staffed to serve the patrons thereof and will provide maximum service during pea3c hours of operation. MANAGEMENT shall b~- required to maintain such service and other requirements as are near-~~~,ar v to entitle it to the license for the operation of the faciliti es outlined herein. MANAGEMENT agrees that it will. manage, operate and m aintain the facilities authorized herein in such a manner as to provide quality of service, food prices, food and beverages management, and the operation shall be of, such _; quality as to comFete favorably with similar operation. ~. ,~ 7 . MBd~~-~.MEt'1T -~ The MANAGEMENT shall provide this park coneessio~ area-'i~ith personalized attention as regards its management, ope~ration~ and :maintenance. AbsQntee management wherein the 1~ANAi~EMENT has little or no contact with the concession employees and does not personally visit the concession area regularly, will be unacceptable to the CITY and will be grounds for cancellation of the Management Agreement. $ , PERF©RMAN~E, BOND The MANAGEMENT shall furnish tp the,CITY, within five (5) consecutive calendar days after written notice is given by the CITY of the award of the privilege to enter into a Management Agreement, a Surety Bond or in the alternative a cashiers check in the amount of one Thousand ($1,OQ~O.OQ) Dollars, and shall -,.,~ .. ~~ - 93- ~.~4 abidQ by all rules, regulations and laws of the C~.ty of Miami, At the Conclusion of the first year of the Management Agreement, the City will return to the Management said one thousand ($1,OOO.O0j dollars, together with interest if the Management is not in deiaault on any of the terms artd +eonditions of the Management Agreement. 9 . A^~~G_lj~;P1T O~ TRANSFER_ The MANAGEMENT shall not assign or transfer its privilege of entry and use granted unto it by this ASanagement Agreement. 10. INTEREST COI~FERAFD BY NLA_N'AGE~ENT A~~MFt~T The provisions of this Management Agreement do not constitute a lease and the rights of the MANAGEMENT hereunQer are ._ :.-~ not those of a tenant. No leasehold interest in ~~e A~3A is :~ conferred upon the MANAGEMENT under the provisions he~of. -'~ 11. T~~[$FER OF OWNER~'HTP =~' the Management is constituted by the ownersh~ interest reflected in the Affidavit of Ownership attached hereto as Exhibit A and incorporated and made a part of this Management Agreement. MANAGEMENT cannot modify or amend the ownership interest as reflected in the Affidavit of Ownership. 12 . R •~'A ~„OF CITY ,FROM I,~ABII,ZTY i The MANAGEMENT shall release and discharge the CITY fro~- any and all liability fox the loss of his merchandise, goods, equipment oz atrier property of the AREA if lost, damaged, destroyed by fire, theft, rainy water or other causes. d-~ ,- ,~ r~ 13 ~ 1~+i~,1,;,~,1,,.~'ATEPPaENTS ~, An annual certifa.ed statement of operations shall be submitted within sixty (60) days of the end of each twelve-month period. Any adjustments due CITY shall be payable at that time:. It is the intent of CITY that it shall receive all amounts as net, free and clear of all costs and charges arising from or relating to said management operation and maintenance. 14. AUDT't'~NG OF ACGO1LiN't'S CYTY reserves the right to audit the records of PANAGEMENT at any time during the performance of the Management Agreement and for the period of up to three (3) years after final payment J is made under this Management Agreement. --- -- ,j :n -~ 15. CIT7e' S R,IG~IT TQ EXAMIAIE_.AREA ~, ~- - ' ~~ _- = The MANAGEMENT shall make available the ARE.Asundez< its -~ - ~ - control for examination, at any reasonable time, by the~aCity Manager and/or his duly authorized representative. ~.- - - ::~ 1K. C~MgLIANCE J The MANAGEMENT shall abide by all rules, regulations, and Laws of the City of Miami, County of Dade, and the State of - Florida, now in force or hereafter adopted, and the writt®n rules and regulations established by the City Manager or his duly authorized representative. -. ~ 17. ~~~JALTY Ft,?R VIOLATI02~ OF MULES ,BAD R:EGULAT.I~?I~ _ The CITY, through its proper officials, reserves the right -. and authority to prescribe any additional rules and regulations aet the AREA and the MANAGEMENT agrees to abide by all tha rules ~ / _, =~ 9 93- 1g4 ~- and regulations. Violations of rules and regulations as prescribed by the CITY through its proper officials will be sufficient grounds to the MANAGEMENT to forfeit the whole or part of the Performance Bond required in this Management Agre®m+~nt. The CITY reserves the right to cancel the Management Agreement for violation of rules and regulations by the MANAGEMENT or its employees, subject to the provisions of Section 34. 18. ADVERTISING MATTER The CITY, through its proper officials, reserves the right and authority to prescribe rules pertaining to regulation of signs and/or advertising matter. 19. e The MANAGEMENT" shall provide and have posted in ;~~on~icuous locations signs showing the prices of all edible ~pmmodies. .~ Size, location and content of said signs shall be__~ubjee~t to 'J agproval of the City Manager and/or his duly.;~::auth4~ized ._ representative. ~'~ 20. INSURANCE The MANAGEMENT shall maintain during the term of the Management Agreement the following insurances (a) General Liability Insurance on a Comprehensive General Liability form, or its equivalent with a combined singlae limit of at least One Million ($1,000,000) Dollars for bodily injury and property damage liability. Products and completed -~ operations coverage, personal injury, contractual liability, and _ „. - premises medical payiment coverages shall bs included. The City - shall be named an Additional Insured on said policy. _ ~ 93- _ Q~ 1~4 .~ ~, 16 ~ _ =~-p t -- ~~ -~ 44 ~R '~ _~ , ~Yj -~.- 4 M (b) All Risl~ Property insurance co~.ferage an replacement cost basis for real and personal property located oy~ the premises managed, operated andJor maintained by the Successful Proposer for th+s City. The City shall be named as an Additional Insured on such policy. (c) The policy or policies of insurance required shall be written in a manner such that the policy or policies may not be cancelled or materially changed without sixty (f 0} days advance written notice to City. 1Written notice shall be sent to the Insurance Coordinator, City of Miami Ris3c Management Division, 3.74 East Flagler Street, Miami, Florida 33131. Evidence of compliance with the insurance requirements shall be filed with the insurance Coordinator of the City off„ Miami ~J ~ concurrent with the eaceeution of the Management Ac~eeme'rit and . = ^~ each renQwal. Such insurance shall be subject to the'~pprm~-1 of ~ .~ the Insurance Coordinator. All insurance policies required.must .. be written by a co~-gany or companies rated at leas "A" as to ~J management and Class "V" as to financial strength, ir? the 1®test edition of the 1~s~~s Insurance Guide,, published by Alfred M. Best Company, Inc., Oldwick, New Jersey or acceptance of insurance company which holds a valid Florida Certificate of Authority issued by the State of Florida Department of Insurance, 1 and are members of the Florida Guarantee Fund. Compli~-nce with the foregoing xequirements shall not relieve the Successful Proposer of its liability and obligations under this section or under any ©ther portion of the Management Agree~aent. a.~ 11 93- 184 t~ ~~", ~ 1, i+.l~~~.~_ The MANAGEMENT shall acquire and pay for the necessary licenses required for, the op~±ration of his businRSS; and shall be responsible for the payment of any and all taxes levied on hi~n or his operation, by whatever taxing entity. 22 . ~',QUIPMENT The MA~tAGEMENT shall be entitled to utilize any and all existing City-owned equipment which is described on~the attached inventory incorporated herein and made a part of this Management Agreement as Exhibit C. If, upon examination MANAGEMENT f inds any of the said equipment to be obsolete or non-functional, then after having given the CITY thirty (3Q) days written not.~.ce and having received no yesponse from the CITY, said obaokte-or non- e c~ functional equipment may be discarded by MANAGEMENT ~t it.~.sole • ~~ ~ •1 expense. If any part of the AREA is in any way damaged b~ the removal of such equipment, said damage shall be ~paira~l by 'V MANAGEMENT at its sole cast and expense. ~ Should MANAGEMENT choose to repair non--functional equipment, it stall do so at its sole expense, The CITX will not undertake or be responsible for any repair or maintenance of any equipment on the AREA. The MANAGEMENT shall maintain all equipment in a clean and sanitary condition during the paeriod of this Management Agreement and any extensions hereof. The MANAGEMENT shall be solely responsible for sugpiyinq and maintaining all otrier equipment necessary for the concession operation. Upon expiration of the Management Agreement, any equipment which cannot be readily removed without injury to the A~tEA shall remain and become the property of tha CITY. -~ ~3- x.84 '~+~' 12 ~, ~ 23 , ~1.lIT~N~. `1~:C-~TOQIAN.~} ~,8~~~Q.~AI~~RVICE The MANAGEMENT shall be reapoa?sible far all necessary mairftsnance directly related to the concession and PRAAIAGEM£NT shall .furnish all custodial and ~anitorfal senric® required to maintain daily the concession area and the outlying area adjacent to his operations in a clean, sanitary and functional (landscaping, plumbing, electrical and structural] condition. The MANAGEMENT also agrees that he will maintain the premises in a manner consistent with, or demanded by, all. Health Departments and Kure Food Examiners, and also that the premises will at all times be kept open for proper inspection by any other agency having jurisdiction thereto. 24. A~OHOLIC BEVER;A~~ ~, aliases, beers, liquors, or alcoholic beverages o~;any~cind or .~ ' :.~ nature may be sold on the ARE~- upon the approval.,Q! th~+ City - ~ --, Commission, and upon coanpliance with all applic~le z~rsing, State, Dad® County and City of Miami laws, rules and ~equla~ions. 25. F,.~jTERI~YNATOR SER~tICE_ The MANAGEMENT shall take the necessary measures to control vermin. and pests on a biweekly basis at his expense. This service may be reeiuired once a week in~order to properly control vermin and pests, as directed by the,City Managar and/or his duly i authorized representative. The area to be serviced by the exterminator includes all areas where food is dispensed, stored, and consumed. as 13 93- 18~ ~~. 2 ~ . N~.ILI.~.~zMI~T~.. The MANAGEMENT agrees that there will be no discrimination against any pereorti on account og race, color, sex, religious creed, ancestxy, national origin, mental or ghysi~:al handicap in the use of the Ak2EA and the improvements thereon. It is expressly understood that upon presentation of any evidence of discxit~ination, the CIT~P 8ha11 have the right to terminate the Management Agreement. 27. T~R~j~, $t.~BBTSH, A`ND GRRRAG~ DISPOSAL. The MANAGEMENT shall provide, at his expense, all garbage, trash, and rubbish receptacles ~+ithin the confines of the AREA and shall provide a sufficient- number of these r®ceptacl+aa for his own use and for the usQ of the public. MANAGEMB~T ~c~ll not allow garbage, trash and rubbish to accumulate and shale?cause -s •--~ • --c removal of it to the pickup area designated by the pity I~ia~ager ~~ ' andfor his duly authorized representative. ~ ~ -~ 28. E_~s_~.~TR c~+T~~r ~5 All sales shall be confined to the AREA designated and defin+ad in this Management Agreement. MANAGEMENT wilt not be permitted to do any selling or vending outside of the designated and defined AfdEA of this Manage~-ent Agree~n®nt, except by written authority-- Eton thm City Manag®r or his duly authorized r representative. 29. ~PR~yL~'tgEN~& The existing improvements in the AREA ass generally tbosQ shown on the attached sketch which is incorporated herein and '° r,~ ~ 14 9 ~ ~ ~. ~ 4 ' . s made a part of this Management Agreement as Exhibit B, The CITY will not undertake or be responsible for any construction, repair, alteration, improvement or maintenance to the improvements as shown in E~thibit B. The MANAGEMENT schall accept the improvements °1ae ia." The MANAGEMENT agrees that no major, substantial or ,significant construction, repair, alteration or improve:nenta nay b® undertaken to the improvements as shown on Exhibit B. The Management agrees that other construction, repairs, alterations or improvements may be undertaken upon the AREA after the plans: (a) Are first submitted to the Property and Lease Manager for presentation and review by all departments and ot'fic®s of the CIT'!E-with jurisdiction, and ~ m w ;"' (b) Are approved by the City Manager which a~roval ~ .~ • . -~ shall not be unreasonably delayed or denied, and J, :~ v _. (c) Are fn compliance with all State, tiac'~e Coun~j- and :~ - City~ of Miami rules and regulations, and any other,~yngency that may have jurisdiction in these matters. ~~ All additions, partitions, or improvements shall become the _ .~ 3E =~` property of CITY and shall remain a part of the AREA at the _q - ~" eacpiration of this Management Agreement. All i~mprovernents and -y structures constructed on the site shall becom® the property of -- ~? i =~ the CxTY. Th® oost og renovation of the AREA as to alterations, - ~z additions, partitions or improvements shall be borne by and is _ the financial responsibility of MANAGEMENT. - ,. _ _ _ ~~ 15 9 _ '~` 1~~ ~' ~ '. 30. ttmzr.TT~rEg r~ The MANAG~PtT shall pay for all utilities consumed on the r property as well as connection and installation charges thereof, and waste collection. 31. ~,1~_IBILITY )! Oft DAASAGlr The CITY will not be reSponai'ble for any da~aage from theft, ~a!' ~A; saprearance o£ either th~a equipment or the merchandise f*_°ot~ br~sak-ins or burglary, power fatl~ara du® to hurricanes, ®Ieetrical Storms, Acts of God, or other acts beyond the control of the CITY. Th® MANAGEM]EIdT shall stand loss for all slugs and Shortages. 32. INDEAINI~IOATIOId ..- w -" The MAIJAGEME28T covenants and agrees that it Shall i.~rllea+nify, hold harmless, and defend the CITY, its agents, ~offica~s and ... -~ employees from and against any and all claim, suits, action, damages or causes of action arising duringt the hterm of the Management Agreement for any personal injury, loss of life, or da~aage to property sustain®d in or about th® AREA, by reason of or as a result of the MANAGI~MENT's occupancy thereof, and from and against any orders, judgments or decrees which may be entered thereon, and from and against all cost, attorney's fees, expenses and liabilities incurred in and abwut the defense of any such claim and the investigation thereof. 3 3 . DA_1KA~E5 Oft L~S~ The MANAGEiKEPTT releases the CITY from any anti all liability, cost or expenses for damage or loss to the AREA for any cause whatsoever 93- ~.8~ 16 ~. ~. 34o QEFAULT In the ev®nt the MANAGEMENT fails to comply with each and ev®ry term and condition of the Management Agreement or fails to pegform any of the teraag and conditions contained herein, then CITY at its sole option, upon thirty (30) days writtQn notice to MANAGEMENT, and MANAGEMENT'S failure to comply or cure defect, may cancel and terminate the Management Agreement, and all advances, ia~provemente or other compensation shall be forfeited by MANAGEMENT, not as a penalty but as liquidated damages. 35. ATTORNEy,'S FEES Tn the event it is deemed necessary by either the CITY or MANAGEMENT to file a law suit in the appropriate eourt of law to enforce any of the. terms anti conditions of thisu,Management Agreement, the prevailing party shall be entitled tsa,.,re~i~oAabla -„ -< attorney's fees. ~, 3 b . SURRENDER OF AREA ~ MANAGEMENT will quietly and peaceably deliver ~s AREA to the CITY in the same repair and condition in s~hich they were received at the inception of this Management Agreement. 37. ~j$ITTEN NOTICES MANAGEMENT agrees that all notices under this management Agree:ent must be in writing and shall be deemed to be ge~rved I when delivered to the M,ATTAGEMENT at: Y,A7CIN AI+iERICAN GOURMET RESTAURANT, INC. 2900 Southwest 4 Avenue Miami, Florida 33129 ~'' ~; 17 93- 184 'Y La s IM.C?_dC..4~ LafA~ The captions cont~iined in this Management Agreement are inserted canly as a matter of convenience and for regerence and in no way d®fine, limit or prescribe the scope of this Management Agreement or the intent of any provision thereof. ~ . ~~INC oN ~~,~.~ This Management Agreement shall be binding upon the CITY and th+~ MAI~IAGEME~IT, their successors; and assigns, and they shall abid® by each of the terms and conditions hereof. ~0. A~NDMENTS AND ,j~,QD~_FTCA'~'TON loo am®ndment+~ or modifications to this Management Agreement other than those administratively allowed herein shall ,be binding on either party unless in writing, signed by both` par~as and w ~; agproved by the City Commission. ;Y IN i~ITNESS 'WHEREOF, the parties hereto have ~causet~ this -~- , Management Agreement to be executed in their names $~ their duly authorised officers, all as of the day and year~?Dfirst- 'abov® N ~.- written. ATTEST: CITY ©F MIAMI, FLORIDA a a+unicipal corporation of the State of Flor da By. ~ CITY CLERK CITY MAMA ER LATIN AMEgtICAid GOURMET SECRET' Y ~o :. ,. RE5TAURANT INC. By _. PRESIDE T ~$ 93- 184 • APPROVED AS TO FORM AND 04RRECTNESS: pPRbV~~Y 1~S TA REQUIREMENTS j rr'. w c'~ --c •' :=• ~.. - . tV Z, .. ~o ~. ~~; C~~POF~ATE ~E~OLU'~Ip~ WHEREAS, the CITY OF MIAMI has agreed to enter into a Management Agreement with LATIN AMERICAN GOURMET RESTAURANT, TNG. far the management, operation and maintenance of the park concession eras at Paul Walker Park, located at X46 West Hagler mi.reet, I~iiami, Florida; and WHEREAS, LATIN AMERICAN GOURMET RESTAURANT, INC. has agr+sed to accept this Management Agreement; and WHEREAS, the Berard of Directors of LATIN AMERICAN GOURMET RESTAURANT, INC. has examined the terms, conditions, and obligations of the attached Management Agreement with th~City of Miami, for the management, operation and mainten~nce~`6f the _. ~ premises; and ~ ~ WHEREAS, the Board of Directors of LATIN AMERICAN G'i?URMET ~ = RESTAURANT, INC. , at a duly held corporate ~ad~leti~ng, hae considered the matter in accordance with the bylaws of the corporation; NOW, THEREFORE BE YT RESOLVED BX THE BOARD OF DIRECTORS OF LATIN AMERICAN GOURMET RESTAURANT, INC. that the president and secretary are hereby authorized to enter into a Management Agreement in the name of, and on behalf of this corporation, with Chas City of Miami for the price and u~son the terms and payments contained in the attache=d Management Agreement submitted by the City of Miami. G7"' - C~ 93- 184 - yy ~ 20 - _ y„ `~ -~~., __ II'+1 WITNESS WHEREGF, this 6 day of ~~CC 1992. ATTEST: LATIN AMERTCAAI GOURMET RESTAURANT, INC. S®cr8ta PrQa tent ward ®f A~rectars J J-91^755 4/23/91 ~ ~~~,~r JJ° 73G RBSOLtiTlON NA. ,-,., A ReBOLUTION, MITti A'tTACliMBNT, AtlTgORI SING 7`118 CITY N!-NAGER TO EXECUTB A MANACEMBNT A(iR66MENT, IN BUbS't'AwRiALLY THE ~~rrACN60 FQRNt titlTi! 6Arttt 11K8RiCAN Ot1t3Rt9ET RBSTAVRAtiT, INC. IN RB$pgtlSB TO A REQUEST FOR pROPOBALB FOR THB NAHRQBNENT, OpERAT16N AND NAINTl~NAttCE OF °rHB TAUL HACKER PAAK FOOD ANC! bBVBRUa6 CLINCESSION LC;CD~TRO AT 4b NEBT FLAOLil4 BTttQ:BT• NIAHt, FLORIDA, FOR A PBRI00 OP FIVt ($) YBARB WITH AK QPTION TO RBNfW FOR ANB AOfl[TIONAl, F1vE (S) XEAR PSRI(N3 A'T 'THE SOLt3 Qi8CRC2IUN 6P K'Ng CITY NAtlAGER FOR A NANROCMBN'T F66 OP $750.00 8ER MONTH UR FIFT$Eti PBRCENT (b'~1) OP NONTHGY GROSS RBCBYPrs, HHICHaYBR IS OREA7'BA. i xt~¢r~eAA, the City Commission at itg Hatrch 14, 1991 FS~eeting •dopted.Resolution No. 91-213, which authorized the issuance of a i Aequeati Ear proposals (RFP) tar b Management, Operation and Meinten nce Agrtement o! the Paul AalPcer Park Food end Revtra~e Concaes.on, locate0 at a6 Hest Pla9ler StrQet, Mlar~t, Plorids, for an ~nitisl tarn of five is) years with an option to rsnew for A one ~ive (5) year perlu~d at th® cols diecratlan of the City Nanager~ and MH RBAS, a review panel ca~npoaed of City' o€ Hiaa-i eeatf me~absrs~ rated Latin Aeerican Coutmet Restaurant, Inc.'~- p~aposal Lo be ha most advantegsouo to the City according to aeleciion ~yiteri ~ and ~d3~ HfiEReAB, ot! July ~, 1991, tht City ~tanageT apprOv90 ~. cau~nzemtnk of neyotiatiahs with the euccae4Ev1 pt:oposer and ~~ '~ ~ nay bona have resu2ts8 in an a9reewtnt, substantially in the %~ r.. '-' ~tora~ a 'tachaC! y . , , tf t-,.:, c~> ~; Nl~j TtiERBFORyi 86 IT ItCaaLVEtt SY 7'HE COHNI89tON OF TNe CITY OP~~IAlI/, FLORJDAa 8~ctfon 1. ': ~ recitals •nd findings contsine~ in the Preaaab~e to th!;. Resaalution are hereby adopttd by ra[acencs ,. i ' ~ ~.~~~ 1Yi E:R1~~~ 1=~43 OP C~P~lT~1(~~~ oct ~ ass! ..._.........~., .11- 7 3 G sua<~ ... _.._____-- J ~~^~ ~~..-- _,i$4 ~a thereta~and incorporated herein ee !f fully set forth in thfo Sere(on.~ 6a~tlon Z, fiita Clty Naneger is hereby suthorlEed to •ntvr into .an apreeEptnt, in rubatantielly the attNChad focn~, sub~eet' to the City At torney'o approval as to forts and corractriese, for the evanagentent, operation and ~eaintenance of the PauE Ha~ker park flood and 8sverage Coneeseion locatsd at /b Nest flagler~Street, Miami, Florid4~ for an Initial term of fivs years with any option to renew l~oY ane additional tive l5) year period ifs !ro ,the Dole dlecretion of the City Msnager, the operatlans 1 Ourin9 ;the initial tern have been aatisfaetary es regards guelity, service, prlcee, Aleanllnres and other oonniderationa, Eor a guaranteed ~nlnlawa monthly pay~avnt Af X750,00 or fifteen percent. t1S4) oC tha ~oontAly groso receipts, rahtct~ever is ~roatecs. - •~ SetCtian 3. Thif Reoolutlon .hall beoame offeCtive iras4di~tely upon tts adoption. PA&98d AND A17(?Pr$0 this 3rd day of October , 19fr1. .' A !E 4. SU ~Ti t4~ ~~+~ JI'f''P a ~i'rY ~4Att~tD AND APP}RyOyYYO OY e `~:AS$i CITY ATTORtiBY l %`.~pRav~q As 'YO roltt'1 Atta coaP4Crlrs6sr ~~~ • ACi't tdC C 1 Y bT7`0 dM ~2D/9wb,~!l~487 ~: , ~~ ~ -z- . ~~~- ~3s ~3- • ,i8~ ~~~-2s5-9.'~ FR I I 1 e ~~ ~ - A ~ - tJ~YAadA Ptoa~n--~l~+a~ax oxP~rs+~ss th+~ io~lo±+~np R•#plueSvra arc! moved :lx~ a-®apt~an. ~MMIQ~'t' Ag'TER CONSIDeRI~tt3 THE fACTCR8 SST rOATH IN OaDINANCa IdO. 13Q04, AS AMENDBD~ THE BONING /ONtD t3RANTBO T~41S $pEC2AL BX~'BPTION A8 LIS7i'8D IM ORDINANCE N0. ! ' ' Q ~ A8 AI~L8NDED, THa EONINO ORDINANCE ~ THE CITY Or MIAMI, AATICLe ~, ~:::I'ION 441, SCHEDttLL Or DI8TRICT REGULATi0Yd8 - i-R PAltK$, RECREATION AND OPtN SPACE, CONDS~'IONAi+ PRINCIPAL VSE$, TO Ati.LON TliB BNLARtiEMENT OI' A C®NCasBIQN ARa1A Tt3 INCL'DDE A REBTAUl4ANT AND MINIMAL RE'PAIL AltD ~'0 EXPAND THB aAIBTiNG a00T AftBA OVER THE PARK, 8UHJ8CT TO CITY COlOtI8SI0N APPROVAL rOR TStE PROPERTY LOCATED AT ~6 iSEST rLAGLER aTasaT ALSa DLBCRI®dD A8 NssT 35.67 or LOT 6. ®laOCK 123, A. L. KtD01tY~TON (®•41) PVALIC RECORDB C!r DADE COUNTY (FROG). THYS VARIANCE tSAB A TIKE LIM2TATION t?r T'NaLVe M+ONTHg IN 1~IHICH A ®ViLD2NG ~SRIIIT MUST SE OBTAINED ACID x8 8y~1gCT T® THE CONDITIOl~fB Or THE gLAN24ING O1i81l:RT~ffiNT A$ InLLOFP$ i 1) CEP AS MUCH Ole TH6 80ttTHJSRN 1~3, AND T1iE ENTIRE EAl3T3R1~ EOGIi, OS~ THE PARK AS3 OPitN TO THE $KY AS POg826Llt TS1I8 COULD ®E A0001#~rLISHeO BY THE U8E 0? THE DEPICTED SStYLIGHT$ AS iiL1.L A$ colPpLl~TeLY oPEN pAHSLS IFS ~e aoor Oven TlSt PLAtiTSRB AND FOUNTAINS TH88 IS $0 THAT eYeN THOOGSi THERE /SILS~ 8E CONCE8gI0N8 IN T3{E Pl-R1~C, I'i' NZLL K86'g A SENBt Or OPSNING MSiICN IS CON:x83°8MP NITR A!1 UltSJ1N PAR1tS T) ADD 11T LEAST T~IICd THE A~DUttT Or D6PYCT'EO LANDBCAPP MATCaYAL To THB BAST SIDE or THE PARKS AIID 9 ~ PLtJ18 !tU$T SROa LACATIONB Or 1ELi. tttOPOSlto cnNCasssaNS (AS DEBCRIeaD ~N THE ATTACNBO LETTER eXHIRIT 1). ~ ~a• - --.~. Qpot~ botnq •iccndsd b~ att. 11+~tt!-la~ tas sho ~~Aan waa poE~od ead •do~s•d by tAo Yollorinq vroto~ AYEi~ 1Ma. ibrolo• and w~~1a DSO~ran•Ribaawt, r~ox, N~rkst 8t~sda, Lnooos and l~lotta®•Pooh 1N1!!s ~ Mons . A88ENT~ Ms. Ari•t-lo N111ot- and !!at'tuol Alonse-lovh ?~. Po~eneandss~ Moliern oarrtsn d R4 0. r+~~aer !2, 19'13 tta. I f FEES'-:?+~....~3 ~a r x ~. ~a ~:: .1 ..~ s ia2 ~'~ ~ A 1 ~ x ~~ Lest 1-ibo, i+resic~ent Lst~,~-erivan tiour>~t r k. Restaurants, ino. I hereby ep 41r+D ®f the ess°Mices to be rendesec9 a• part of the oo soion agree>a~rnt and described a,bovs. Cesar Odi®~ City l4ana4er 93- 184 Su -~ e:ay ~ , " 193 ~ Cesar Odi,o~ C:tv Manmgex C3,ty of ~sie-:ni 3~G:; ~sn A.;.a::.c3:~ «: i~ra M: a:s: ~ Fr. ~ 319 ) pear rtr. Oclio: 1 E~~'TY Nir~A~ CITY Ci.E~K c~Y r o~ r~~~a~-. ~1~. ~.~~ 6XMIAIT 1d 1 .ne p~rpos~4 of this letter is to rsqu®at your approval eo sorvioes being rendered at petal walker Park by E.atin luaericaa~ dOurmet FooQs, l;:e. through their concession at t:tat site. The concaasinn ®grs3rment calls !pr the servSttq of ~aods and drinks at th• site as well as other ancillary •esvftsas. d~ part o! those ancillary servio~-s and due to the location o! the ~P+sul Mtlk®a- Park in do~tntown ~ism9-, it is our intention to oparato a passport photograph service and shoe ®hins Dootha a• ~a-gt o! thr conaesolon. St is parojected that the servie• will be imp etaentgd al®nq with the ~ooe and dr3:nk services as well ss otbir physicat-1 it~provemants being undsrttkon by the management o~ Latin 10aairiaan couxaeet Restaurants, inc. ~- Please sign below indiastiing your approval t4 these sarviees. inasmuch as Latin Americana dousmet pastavrante, Ana. etron~ly b•liives that still additional servives gill onhaa3c~e the City•s portion of its aaonthly receipts. Si ~• ~••~, _