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HomeMy WebLinkAboutR-85-0198J-85-156 2/28/85 rr/022/D9 M83-32 (1/13/83) RESOLUTION NO. 85--196 A RESOLUTION AUTHORIZING AND INSTRUCTING THE CITY MANAGER TO ISSUE A REVOCABLE PERMIT, SUBSTANTIALLY IN THE FORM ATTACHED, TO FLAGLER STATION LTD. TO PERMIT THE CONSTRUCTION AND OPERATION OF A RESTAURANT ARCADE ON AND OVER THE PUBLIC RIGHT OF WAY ADJACENT TO THE FLAGLER STATION PROJECT AT 48 EAST FLAGLER STREET, MIAMI, FLORIDA; PROVIDED THAT THE PLANS BE APPROVED BY THE CITY ADMINISTRATION IN ACCORDANCE WITH CITY CODE SECTION 2-95. WHEREAS, the City Commission adopted Motion No. 83-32 on January 13, 1983 expressing, among other things, its desire to have arcades along certain sections of Flagler Street; and WHEREAS, Section 54-100 of the City Code was amended in March of 1983 to allow restaurant arcades by revocable permits granted by the City Commission after approval by the City Manager and recommendations from various departments; a nd WHEREAS, the City Commission has determined that a public need exists for restaurant arcades in the downtown area to improve pedestrian traffic; and WHEREAS, Flagler Station Ltd. has proposed that a restaurant arcade over the public sidewalk be included in the Flagler Station Project, at 48 East Flagler Street in the downtown area of Miami, Flagler Station, Ltd; and a redevelopment project by WHEREAS, the City Manager, pursuant to Section 54-100 of the City Code, has recommended that a revocable permit to construct and operate a restaurant arcade on and over the public right of way adjacent to 48 East Flagler Street be issued to Flagler Station Ltd.; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: CITY COMMISSION MEETI14v OF FEB 28 4 11 Section 1. The City Manager is hereby authorized and instructed to issue a revocable permit, substantially in the form attached, to Flagler Station Ltd, for the construction and operation of a restaurant arcade on and over the public right of way adjacent to the Flagler Station Project at 48 East Flagler Street, Miami, Florida; provided that the plans be approved by the City Administration in accordance with City Code Section 2-95. PASSED AND ADOPTED this 28th day of February , 1985. Maurice A. Ferre M A Y O R ST: rr' LPH G. ONGIE, CITY CLMK PREPARED AND APPROVED BY: �a ROBERT F. CLARK CHIEF DEPUTY CITY ATTORNEY APPROVED, AS T© FORM AND CORRECTNESS: CITY ATTORNEY -0 DD� DD Alqr� DOWNTOWN DEVELOPMENT AUTHORITY 1818 One aiacayne Tower Miami, Florida 33131 (305)579-8875 INTEROFFICE MEMORANDUM RECOMMENDATION � ATEFebruary 14+ 9 5 1 8 12JJ2 TO.Randolph Rosencrantz- i ty Manager FROM: Roy F. Kenzie -Executive Director REFERENCE: REVOKABLE URANT wwwww� It Is recommended that the Commission adopt the enclosed Resolution authorizing the City Manager to issue a Revokable Permit, substantially in the form attached and acceptable to the City Attorney, to ROK Enterprises of 20 S.E.'Ist Avenue, Miami, Florida, to construct and operate a restaurant arcade over the public right of way adjacent to 48 East Flagler Street. BACKGROUND he Flagler Street Study conducted in 1982 identified a restaurant shortgage in the core area resulting from ground floor rents that are too high to support restaurant operations. The establishment of second level restaurant arcades over the Flagler Street sidewalks was recommended by the consultants. Natan Rok of ROK Enterprises is in the process of renovating the Kress Building. He has agreed to construct a restaurant arcade as part of his project to cooperation with the City's Flagler Street improvement efforts. (The attached letter dated May 24, 1984, from Mr. Rok to Mayor Ferre provides background information on the project and the efforts that have been made over the last 2 years to bring the project to fruition). The Commission has unanimously endorsed this project via Motion No. 82-32 and more recently via Resolution No. 84-710. Further Section 54-100 of the City of Miami Code was amended in March 1983 to specifically provide for the establishment of restaurant arcades on Flagler Street via revokable permit granted by the City Commission. The Developer must move forward now if the restaurant arcade is to be included in his project. I'-. RFK:PJA/cs Encl . 11 REVOCABLE STREET USE PERMIT THIS PERMIT is being issued on the day of , 19859 by the City of Miami, hereinafter called "City," Flagler Station LTD., a Florida Limited Partnership, 20 S.E. 1st Avenue, Miami, Florida, hereinafter called the "Permittee,"and is subject to and based upon the following representations and conditions all of which are acknowledged and accepted by said Permittee: NOW, THEREFORE, it is mutually understood and agreed by the respective parties hereto: GENERAL CONDITIONS The City, upon payment of a Permit Fee of two thousand five hundred ($2500) dollars for a period of 25 years commencing on ,allows the use of the airspace above and portions of the surface of the City right-of-way fronting and abutting the building known as the Flagler Station located at 48 East Flagler Street, Miami, Florida, hereinafter referred to as "Premises," by the Permittee for construction beyond the base building line of a second level restaurant arcade with support columns placed in the City right-of-way as delineated on the attached plans marked "Exhibit A," hereinafter referred to as "Restaurant Arcade." USE BY PERMITTEE The Permittee shall use the Premises for construction and operation of a Restaurant Arcade. Said Restaurant Arcade shall be used solely for tables and chairs to be used as seating in conjunction with a restaurant located within the second level of the Flagler Station Building. No food preparation or mechanical equipment shall be located on the Restaurant Arcade. Said restaurant shall be open to the public. The ground level of said Restaurant Arcade shall remain open and unobstructed except for support columns, landscaping, street furniture, and similar appurtenances expressly authorized by the City. The construction • of the Restaurant Arcade and the placement of support columns shall be in the exact configuration as described in "Exhibit A," attached hereto and incorporated herein. IMPROVEMENTS/MAINTENANCE The Permittee shall have sole responsibility for obtaining all regulatory approvals, permits or licenses required for the construction of the Restaurant Arcade depicted in "Exhibit A" upon the Premises. The Restaurant Arcade shall, as may be required by the City, be removed by Permittee from the Premises Immediately upon the expiration or revocation of this revocable permit. In the event the City is required, for any reason whatsoever, to remove the Restaurant Arcade or any of its component parts, the cost and expenses of such removal shall be borne solely by the Permittee and governed by the Sections of the herein permit entitled "ENTRY" and "SURRENDER OF PREMISES." The Permittee, at its own expense, shall maintain the Premises in good appearance and in good structural condition for the duration of this revocable permit. The Permittee shall maintain and keep the entire Premises and Restaurant Arcade in a neat, clean condition, free of refuse and debris. The question of compliance with this Section relating to the condition of the Premises and Restaurant Arcade shall be determined by the City. If all or part of the Restaurant Arcade is damaged or destroyed by Lire, wind, rain or any other accidental or natural cause, all resulting refuse and debris shall be immediately removed from the Premises by the Permittee at its expense and any remaining structure of the Restaurant Arcade shall be restored to a safe, sound condition as determined by the City, by the Permittee at its sole expense within 10 days. In the event the City, for any reason whatsoever, is required to remove debris or refuse, or repair or remove unsound structure resulting from damage to the Premises due to accidental or natural causes, the cost and expenses of such removal or repair shall be borne solely by the Permittee and governed by the Sections of the herein permit entitled "ENTRY" and "SURRENDER OF PREMISES." Permittee shall provide a performance and maintenance bond in the initial amount of ten thousand 010000) dollars to assure the continued maintenance and, if required, the demolition of any Improvement(s) on the Premises. Said bond amount may be increased from time to time as determined by the Director of the El Department of Public Works of the City. Such bond must be reviewed and approved by the City Attorney prior to the City's execution of this Permit. ASSIGNMENT OF PERMIT Permittee may not lease, assign, transfer, mortgage, pledge, abandon or dispose of this Permit or the Premises for the term hereof. However, the uses permitted herein extend to the lessee as may exist, subject to all terms and conditions herein, of the second floor restaurant in Flagler Station abutting the Premises. INDEMNIFICATION AND HOLD HARMLESS The Permittee shall indemnify and save the City harmless from and against any and all claims, liabilities, losses and causes of action which may arise out of Permittee's activities under this Revocable Permit including all other acts or omissions to act on the part of the Permittee including any person acting for or on its behalf and from and against any orders, judgments, or decrees which may be entered and from and against all costs, attorney's fees, expenses and liabilities incurred in the defense of any such claim or in the investigation thereof. INSURANCE Permittee will secure and maintain in force for the duration of this Revocable Permit a comprehensive general liability insurance policy or its equivalent with at least a combined single limit for bodily injury and property damage liability of I $1,000,000.00 per occurrence. The City of Miami shall be an additional named insured on such coverage. All insurance policies required herein must be written by a company or companies rated at least "A" as to management and at least "X" as to financial strength in the latest edition of "Beat Insurance Guide," published by Alfred M. Best Company, Inc., 75 Fulton Street, New York, New York, and be otherwise acceptable to the City's Division of Risk Management. The policy or policies of insurance required herein shall be written in a manner such that the policy or policies may not be canceled or materially changed without 30 days advance notice to and approval by the City as set forth in the section of the herein Permit entitled "NOTICES." dmc- -3. PERSONAL PROPERTY The City shall not be liable to the Permittee for any damage to personal property placed# kept or maintained upon the Premises which are the subject of this Revocable Permit. ENTRY The City or any of its agents, shall have the right to enter upon the Premises at any time for the purpose of inspection or to gain access to repair any utilities located within any City easement, and for the purpose of removing structures, improvements, alterations or landscaping which do not conform to this permit. Any removal of the above, or damage to the allowed Improvement or landscaping made by the City and necessitated by the Permittee's use of said Premises, shall be at the sole expense of the Permittee. Further, the City shall not be responsible for the restoration of the Premises, its structures, fixtures, fences, walls, landscaping or any other improvements in the event such are damaged or removed by the City in order to inspect, repair, or gain access to its utilities located within the Premises or immediately adjacent thereto. Additionally, the amount of any expenses incurred by the City, but not paid by the Permittee, in removing such structures, fixtures, fences, walls, landscaping or any other improvements shall become a lien upon the Permittee's abutting property, which lien may be foreclosed within one year of its filing. REVOCATION AND RENEWAL OF PERMIT Failure on the part of the Permittee to comply in any respect with any of the provisions of this Revocable Permit shall be grounds for revocation. Further, use of the Premises for any purpose other than for a Restaurant Arcade open to the public or In the event Premises remain vacant for a period exceeding six consecutive months shall constitute grounds for revocation. THE CITY MAY, UPON THIRTY DAYS' WRITTEN NOTICE TO THE PERMITTEE, REVOKE THIS PERMIT WITH OR WITHOUT CAUSE. This permit may be renewed, upon expiration, for an additional term of 25 years providing 30 days prior written notice is furnished to the City by Permittee. n NOTICES All notices or other communications which shall or•may be given pursuant to this Revocable Permit shall be in writing and shall be delivered by personal service, or by registered mail addressed to the other party at the address indicated herein or as the same may be changed from time to time. Such notice shall be deemed given -on the day on which personally served; or, if by mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier. CITY OF MIAMI City Manager's Office 3500 Pan American Drive Miami, Florida, 33133 PERMITTEE Flagler Station LTD c/o Natan Rok, President Rok Enterprises, Inc. 20 S.E. 1st Avenue Miami, Florida 33131 PEACEFUL USE Subject to the terms, conditions and covenants of the Revocable Permit, the City agrees that Permittee shall and may peaceably use and enjoy the Premises without hindrances or molestation by the City, except as provided herein. SURRENDER OF PREMISES Upon the expiration or revocation of this Permit, Permittee shall, upon 30 days written notice from the City, quietly and peaceably deliver up the Premises to the City in the same condition as they are now with all structures, columns, and any and all other improvements, including the Restaurant Arcade, removed as may be required by the City. The Permittee shall be responsible for the expenses to put the Premises in a condition acceptable to the City. The amount of any expenses incurred by the City, but not paid by the Permittee, to restore the Premises to a condition acceptable to the City shall become a lien upon the Permittee's abutting property, which lien may be foreclosed within one year of its filing. LIMITED CONSTRUCTION Nothing contained herein shall be construed as affording Permittee a leasehold interest in the Premises. The Permit Fee shall not be construed as rent for the use of the Premises. -5- ■ MISCELLANEOUS A. In the event of conflict between the terms of this Revocable Permit and any terms or conditions contained in any documents attached,.the terms in this Revocable Permit shall rule. B. The Permittee agrees and represents that there shall be no discrimination as to race, sex, color, creed or national origin in connection with any operations under this Revocable Permit. C. Title and paragraph headings are for convenient reference and are not a part of this Permit. D. No waiver or breach of any provisions of this Revocable Permit shall constitute a waiver of any subsequent breach of the same or any other provision hereof and no waiver shall be effective unless made and approved in writing by the City Manager. E. Any matters not herein expressly provided for shall be determined in the discretion of the City Manager or his designated representative. PERMITTEE FURTHER STATES THAT THE FOREGOING REVOCABLE PERMIT HAS BEEN CAREFULLY READ, AND THE CONTENTS THEREOF FULLY MADE KNOWN TO IT AND THAT ITS MEANING IS CLEAR AND UNDERSTOOD AND THE NOTARIZED ACKNOWLEDGMENT SHALL CONSTITUTE AN INSTRUMENT ` CONTAINING COVENANTS THAT RUN WITH THE PERMITTEE'S ABUTTING LAND AS LEGALLY DESCRIBED IN EXHIBIT "B", A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF BY REFERENCE, AND SIGNS THIS REVOCABLE PERMIT AS HIS OWN. WITNESSES: PERMITTEE: FLAGLER STATION, LTD. By NATHAN ROK, General Partner DOWNTOWN REALTY INVESTMENT, A General Partnership SWORN TO AND SUBSCRIBED before me this day of 1985. NOTARY PUBLIC My Commission Expires: CITY OF MIAMI, a municipal Corporation of the State of Florida ATTEST: By CITY MANAGER RALPH G. ONGIE CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: LUCIA A. DOUGHERTY CITY ATTORNEY