Ord. No. 14-86-1260ORDINANCE NO,/</'"f%^jfe£Q
ANORDINANCEOFTHECITYOFSOUTHMIAMI,FLORIDA,
CONFIRMING,RATIFYING ANDAPPROVINGALEASE
AGREEMENTWITHBOB&LARRY'S INCORPORATED,D/B/A
BEN AND JERRY'S ICE CREAM,FOR SIX (6)PARKING
SPACES INTHECITYOFSOUTHMIAMI PARKING LOT
LOCATED ATS.W.73RDSTREETANDS.W.58THAVENUE
WHICHISWITHIN 500'WALKING DISTANCE OF BUSINESS
LOCATION AT 5812 SUNSET DRIVE,SOUTH MIAMI,FLORIDA,
WHICH PARKING SPACESAREMORE SPECIFICALLY DEFINED
IN ATTACHMENT "A"ANDSHALLREMAINPARTOFTHIS
DOCUMENT,FROM 9:00 A.M.UNTIL 1:00 A.M.DAILY,
RESERVINGCITY'SRIGHTTOMAINTAINPARKINGMETERS
FORITSOWNACCOUNTORITSASSIGNSUPONSAID
PARKING SPACES;PROVIDING FOR PAYMENT FOR SAID
LEASED PERMISES IN THE AMOUNT OF $4,800
PLUS SALES TAX,PAYABLE YEARLY IN ADVANCE IN
EQUAL PAYMENTS OF $1,200 ON THE 30TH DAY OF
SEPTEMBER EACH YEAR,AND AN INCREASE OF $100.PER
YEAR,EXCEPTING RENT FROM INCEPTION OF LEASE THROUGH
SEPTEMBER 30TH,1986,WHICH IS ACKNOWLEDGED AS
RECEIVED;PROVIDING PENALTY FOR LATE PAYMENT,
PROVIDING RENEWAL,SETTING FORTH SPECIFIC PROVISIONS
AND AUTHORIZING THE CITY MANAGER TOENTER INTO SAID
LEASE AGREEMENT ON BEHALF OFTHECITYOF SOUTH MIAMI,
FLORIDA.
BEIT ORDAINED BYTHE MAYOR AND THE CITY COMMISSION OFTHE
CITYOFSOUTHMIAMI,FLORIDA:
Section 1.That the Lease Agreement between Bob &Larry's
Inc.,d/b/a Ben &Jerry's Ice Cream for six parking spaces in the City of South
Miami parking lot lcoated at S.W.73rd Street and S.W.58th Avenue,South Miami,
which is within a 500'walking distance of business location at 5812 Sunset Drive,
South Miami,and which parking spaces are more specifically defined in attachment
"A"and shall remain part of this document,from 9:00 A.M.until 1:00 A.M.
daily,reserving the City's right to maintain parking meters for its own account
or its assigns upon said parking spaces,be and the same is hereby confirmed,
ratified and approved.
Section 2.That the City Manager be,and is hereby authorized
to enter into said lease agreement effective from date of execution until
September 30th,1990,fw/«:um «f }4,300 ,plus sales tax,
payable annually in advance in equal payments of $1,200 on the 30th day
of September each year,-and an increase of $100 per year,excepting rent from
inception of lease through September 30th,1986,which is acknowledged as
received;providing penalty for late payment,providing renewal,setting forth
specific provisions and authorizing the City Manager to enter into said lease
agreement on behalf of the City of South Miami,Florida.
Section 3.This lease is contingent upon and runs concurrent
with lease for property at 5812 Sunset Drive,South Miami,Florida,with
Bob &Larry's Incorporated,d/b/a/Ben &Jerry's Ice Cream Shop under City of
South Miami Special Use Permit granted upon authority of the South Miami City
Commission by Resolution No.83-86-6053 on August 19th,1986,and becomes
effective upon execution.
PASSED AND ADOPTED this
ATTEST:
M^O^w
APPROVED ASTOFORMAND CONTENT;
CITY ATTORNEY
Passed on 1st Reading:
Passed on 2md Reading:
Public Hearing held:
9/2/86
9/16/86
9/16/86
day of ,1986.
APPROVED:
n.
&*
MAYOR
LEASE AGREEMENT
THISAGREEMENT,madethisdayof ,1986,
betweentheCITYOFSOUTHMIAMI(the "City"),amunicipal
corporation,andBOB &LARRY'S,INC.d/b/a BEN &JERRY'S ICE
CREAM,("BEN &JERRY'S").
WITNESSETH
The City hereby demises and leases to BEN &JERRY'S ICE CREAM
the premises situated in the City of South Miami,County of Dade,
State of Florida,known and described as follows:
Six parking spaces,all of which shall be
located within 500 feet walking distance of
5812 Sunset Drive,South Miami,Florida which
parking spaces are more specifically defined
and specified in Attachment A hereto which is
an exhibit and shall remain a part of this
document.
The granted possessory right and use of these parking spaces
shallbe effective only from 11:00 a.m.to 11:00 p.m.daily,and
saidpropertyshallbe used onlyfor off-street parking forpur
poses related to the business of record of BEN &JERRY'S ICE
CREAM.The City reserves the right to maintain parking meters
foritsownaccountoritsassigns upon saidparking spaces.
BEN&JERRY'S further convenants that said parking places
shallremainopenandavailableforpublicuseduringtheafore
mentioned hours.The duration of this Lease shall be from its
dateofexecutionuntilthe31stdayof July,1990.In consider
ation for the demise,BEN &JERRY'S as follows:
FIRST:TopaytheCityattheofficeoftheCity Finance
Directorasrentforsaid leaded premisesthesumof$4,800
plus sales taxes,payable yearly in advance in equal installments
of $1,200 on the 30th day of September of each and every year
during the term hereof,except that rent from the inception of
this lease through September 30,1986,is hereby acknowledged as
received and the following yearly rent shall be paid on September
30,1986 in the sum of $1.300 .If the rent is not paid
within ten (10)days of the above specified date a penalty of
five (5%)percent of the rental amount shall become immediately
due and owing in addition to the principal amount specified
herein.If the rent plus penalty is not paid to the City within
thirty (30)days ofthe time period specified above,thelease
willimmediatelygointodefaultandBEN &JERRY'Shereby agrees
toquitthepremisesdemisedhereinandtheCitywillimmediately
obtain full and complete right thereto.
SECOND:That upon termination of this lease,BEN &JERRY'S
will return the premises to the City in the same condition and
repairasreceived.During thetermoftheleasethe City shall
be responsible for ordinary maintenance and care of premises con
sistentwithitspoliciesandpractices throughout theCity's
parking areas.
THIRD:BEN &JERRY'S hereby covenants it will not sublet the
premises or any part thereof nor assign this lease without the
priorwrittenconsentoftheCitywhichshallbewithheldonly
for reasonable grounds,but in any event shall be withheld unless
theassigneeshallcovenanttousethepremisesforthepurposes
contemplated by this lease.
FOURTH:This lease may be renewed by BEN &JERRY'S on the
same terms and conditions for one consecutive term to consist of
four years,exceptthattherentforsaid period shallincrease
an amount prorated pursuant to the increases in the Consumer
PriceIndexoverthe initial termofthe agreement.
Additionally,duringthe renewal periodforeachyearofthe
renewal periodtherent shall increase proratedpursuantto
changes in the national Consumer Price Index.
FIFTH:All the parties of this lease agree that the covenants
and agreements herein shall bebinding upon,appliedandinure
to,their respective heirs,executors,administrators and
assigns.
SIXTH:This lease is contingent upon BEN &JERRY'S having
obtained from the City permission to operate an ice cream parlor
at5812 Sunset Drive,South Miami,Florida.
SEVENTH:BEN &JERRY'S hereby agrees to abide by all the
laws,ordinances,rules and regulations of the State of Florida,
Countyof Dade,andtheCityofSouth Miami.
EIGHTH:BEN &JERRY'S shall erect no signs,notices,
symbols,alterations or structures upon the leased premises
without notice totheCityand having received written permission
from the City therefore.
NINTH:BEN &JERRY'S hereby covenants that it will not place
andwillnotallowtobeplacedany liens or incovenants upon
said premises.
TENTH:TheCityagreestoindemnifyBEN &JERRY'Sfromany
and all claims brought against BEN &JERRY'S for accidents aris
ingfromthenormalandregularuseofsaidparking spaces which
isconsistentwithcustomandpracticeinthe City.
ELEVENTH:A violation ofanyoralloftheabove provisions
shall constitute a breach.Upon notice toBEN &JERRY'S ofany
violations,BEN &JERRY'Sshallhaveten (10)daystocuresaid
breach with written notice tothe City that said breach has been
cured.Ifthebreachisnotcuredwithinten (10)daysthis
breach shall constituteadefaultunderthe lease.Uponsuch
defaultBEN &JERRY'Sshallloseallrightscontainedhereinand
theCityshalltakeallrightand possesion totheleased
property.
TWELFTH:All disputes arising under this lease shall bearbi
tratedin Miami,underthe auspices,rulesandregulationsofthe
American Arbitration Association.
THIRTEENTH:Allnoticesshallbewrittenandprovidedtothe
Cityby delivery totheCity Clerk at City Hall,South Miami,
Florida,and provided toBEN &JERRY'S at 5812 Sunset Drive,
South Miami,Florida.
WITNESS the hands and seals of the parties hereto the day
and year first above written.
Signed,sealed and delivered
inthe presence of:CITYOFSOUTHMIAMI
ATTEST:
City Clerk
By:
City Manager
without notice tothe City and having received written permission
from the City therefore.
NINTH:BEN &JERRY'S hereby covenants that it will not place
and will not allow tobe placed any liens or incovenants upon
said premises.
TENTH:TheCity agrees to indemnify BEN &JERRY'S from any
and all claims brought against BEN &JERRY'S for accidents aris
ingfromthenormalandregularuseofsaidparking spaces which
is consistent withcustomand practice inthe City.
ELEVENTH:Aviolationofanyoralloftheabove provisions
shall constitute a breach.Upon notice toBEN &JERRY'S of any
violations,BEN &JERRY'S shall haveten (10)daystocuresaid
breachwithwrittennoticetotheCitythatsaidbreachhasbeen
cured.If the breach isnot cured within ten (10)days this
breach shall constitute a default under the lease.Upon such
defaultBEN <&JERRY'Sshallloseallrightscontainedhereinand
theCityshalltakeallrightandpossesiontotheleased
property.
TWELFTH:All disputes arising under this lease shall bearbi
tratedin Miami,underthe auspices,rulesand regulations ofthe
American Arbitration Association.
THIRTEENTH:Allnotices shall bewrittenandprovidedtothe
Cityby delivery totheCityClerkatCity Hall,South Miami,
Florida,andprovidedtoBEN &JERRY'S at 5812 Sunset Drive,
South Miami,Florida.
WITNESS thehandsand seals ofthe parties heretotheday
and year first above written.
Signed,sealed and delivered
in the presence of:CITY OF SOUTH MIAMI
ATTEST:
City Clerk
By:
City Manager
STATE OF FLORIDA
COUNTY OF DADE
)SS.
BOB &LARRY'S,INC.d/b/a
BEN &JERRY'S ICE CREAM
By:
Lawrence S.Berrin,
President
APPROVED AS TO FORM;
By:
City "Attorney J^t^
I HEREBY CERTIFY that on this day personally appeared before
me,an officer duly authorized to administer oaths and take
acknowledgments,and
City Manager and City Clerk
of the City of South Miami,to me well known to be the individu
als described in and who executed the foregoing lease,and they
acknowledged before me that they executed the same for the pur
poses therein expressed.
IN WITNESS WHEREOF,I have hereunto set may hand and affixed
byofficialsealatMiami,saidCountyandState,this day
of ,1986.
My Commission Expires:
STATE OF FLORIDA
COUNTY OF DADE
)
)SS.
)
Notary Public,State of
Florida
IHEREBY CERTIFY thatonthisday personally appeared before
me,an officer duly authorized to administer oaths and take
acknowledgments,LAWRENCE S.BERRIN,PresidentofBOB &LARRY'S,
INC.,d/b/a BEN &JERRY'S ICECREAM,tome well known tobethe
individual describedinandwhoexecutedtheforegoing lease,and
he acknowledged before me that he executed the same for the pur
poses therein expressed.
INWITNESSWHEREOF,Ihavehereuntosetmay hand andaffixed
by official seal at Miami,said County and State,this day
of ,1986.
My Commission Expires:
000000000/41*94:32
08/25/86-3
Notary Public,State of
Florida
•/••i-vvyx
THE CITY OF
^^otdtlt <JVliavni
6130 SUNSET DRIVE,SOUTH MIAMI,FLORIDA 33143
PUBLIC SERVICE
DEPARTMENT
ZONING PETITION
Property Description,Location and Legal:
Lot 11/12 and Less N24 ft.of Lot 13 and Less N 30 ft.of Lot 14.W.A.LARKIN SUBDIVISION
09-4036-22-009
Request:The Owners of the above property have made the following request:
Special Use Permit to open and operate an Ice Cream Scoop Shop at 5812 Sunset Drive,
South Miami,Florida,which is located in aC-2 Zoning area,and parking variance.
Petition:We,the undersigned property owners,are within 300 feet of the above
property.We understand and approve the above request.
NAME
PL P7HfitZ &Utrb*X.fiWT
.Sunset.Off ice_s,_LtcL
ByR.W.Barrett,General Partner
O/V-f cz/N^c^j-e^-
^
H(UA<Jj_^(_{mA\U
(SZ<yt**—-
tT4
DATE ADDRESS
_5///I4 -
_So&rOZ-PHI'Z-
08/06/86 5825 Sunset Drive,Suite 304
South Miami,FL33143305-662-6006
%*/ft
f/l/f0-sir*\^ts-e ^L^ic^
50-37 (continued on page 2)Page 1
PUBLIC SERVICE
DEPARTMENT
THE CITY OF
^5outh <jVlioLvni J\
5130 SUNSETDRIVE,SOUTH MIAMI,FLORIDA S3I4S
ZONING PETITION
ProDertv noQ^ription.Location and Legal:£f£l2 and Js I Uft.of^TT^ess •30 ft.of Ut U.W.A.LABKlN SUBDIVISION
09-4036-22-009
^guest:The Owners of thg above property have .ade the following request:.
Special Use Permit to open and operate an Ice Cream Scoop Shop at 5812 Sunset Drive,South MiaTi,Florida,which is located in a C-2 Zoning area,and parking variance.
Petition:We,the undersigned property owners,are within 300 feet of the above
property.We understand and approve the above request.
ADDRESSNAMEVJ1±R ."J o7/
&1 ^MfltZ Butrkfih.6&KT 5^rO?-^yi^.
^unsDt_OfficQg,_Lidt ._-_------
By R.W-J^arrett,General Partner
Od
08/06/86
'fl2o*-*T"'.
^^^rd&^b f/l/fi -
5825 Sunset Drive,Suite 304
South Miami,FL_33143_305-662-6006
<D?%SiWs^k]^
rs<?6/<5W^/-_^f._
50-37
(continued onpage2)Page 1
.....-.•\-I.i'-r '•!.-!.•.•:•»".•,)••:*
The next item was Public l-earirn:#Sf.v-•??..
D.Applicant:Bob &..arry':i.,;'
Shop"'
Locations 58 i£Sunset Dt ••.
:;-.-.&•ica Lirearn
Request:To ace..••.:•.••r ,(;•.••.•.:.-.<•..-,(:•-':ev .-:;•••:t•o >:•::>?-•"».:inn
Ope:'-l i;h-.-.';:.•••••..•:•.•',.be.-.*;,!:..-....:;,'lOp i*:-3 C"cl
r.on :m:;;,\r (:••.••'!5 a".„•.,_.;;„h-:>,1 parkin.:var :lsciCS.
Mr.Bemn anc.'Mr.Bc\..i •:.n a ;•<:•:.•••••••..*.•.•«-<.'':.a--Bo«r-c:.:-<•sa.uj he has
an office in Boutn y,>r\;v;i ,:ejr.-,;c .•-.';••»:.".o '.1 o store wi-;;c"he?
closed.He feels 1 :i ke r.-omi nr:~:u*<:.-<';o:v:e to open av:ice Cream
Shop because Bout:';;'<'u ..-is.:i:s rn-or.!/I-:.;t n „;1»-:e -i.id been look
ing to get into Sou4..n ^iar;;;!,pari.ei.ilarJy or»Bur.sct Drive and
finally found a location anc;s .::.-ir„-.-i.:i r..i i.ease -Mub.-:act to them
opening and rnaCu <wr-•^r-.i.;,••:•:?m>••>•''v.-'•'••a-;tr !.i.v r.;,-rr -r.;ni:;spaces which
would comply with trial".-^e •').:\rir.k •;m :•:;Boa^d a cony oP a ;..ease
proposal from Pa ivited B.in.::w>i ..c .w.>..,t >;~1.yon-c •;••'f'yr&aMent he
wants.Mr.Perrin sta.e1-vhat.i •::>;.-u;.-.•;>-.•I.wiun fn.-/ayo.-and City
Manager arid they have ar rer r.'.-..1 *i»-it hi.m rauirK :>ark.inp on City
owned property.He went •••";l >•.ay .->:•:.,.v:_.a &"•x 4;V walk-in
freezer for the ice cir-v-mr,.cav.'...-v;-.-:.*-.iri.-.rs.:v \&i;o ^{-t peooi e <=nrid has
£bathroorns (Ladirja and rof.?n>..
The Chairman saici if anyone wan-.-..-;.::to srseak .in favor of or
against the applicant anc.<•-.-.•-•(?•:--:•••Boarv and sia :i:for rneir
r e c o r(i mend at 1 o n.
Staff r&ccjuv.n&nded granting I;"if-;•-:.-••:;:;.-:a:.Use Per mat on condition
that Mr.Berrin was able tc>*;>ec.».re t'-e Lease ngre<?ment with the
City of South Miami to met-rt;1.1 v.MtMini r equi r erne.its.
The Chairman said his only *r>-::>r\--^r-3:1 on wa.s if tht»y as tenants
were were go i ng to be a o!,.-•b...:..•-•::•v.«:ie L he 'par-k 1n d f or t ~ie
customers.
Mr..Prentiss asked for clat'ifii/'uiori on fc^e oarkiviu isoace
requirement in South Miar-;::1 «-.'.'.<!:••;•».».n:|.
The Chairman said fche aoDl ic unt j ;•not-^^e'a ml a .-ariance for
parking because he recently ceciUtc!ti..lease soact?from the City.
MOTION:By R...c:har:.:Prentiss so
:::rant t.-1 e Special Use
Per-viit to Boo K-Larry's
c/b/a Bc»-n &Jyrry1 s.Inc.
•:;•n c-•~»ndi t i or.-:.h at ;-j e ac:quires
1"ec--x \.r*vd par !<...nr.spaces u
arte'.'not to aoi/rove a
pa/'kinrj varu .»:•.«:•<•:•?at this
!•.;me.
-.•>*&<-:o/.c;er..-r>y ::,--v.c&roff mann
VOTE ON MOT I ON :«-.,..-.,.,
PASSED BY fiCCLft.^TfJCN
REQUEST:
LOCATION:
City of Soutti Miami
PLANNING BOARD
NOTICE OF PUBLIC HEARING
HEARING:
DATE:
TIME:
#86-07
August12,1986
7:30p.m.
APPLICANT:BOB&LARRY'S,INC.
d/b/aBEN&JERRY'S
ICE CREAM
Special Use Permit to open and operate an
IceCreamScoopShopat5812SunsetDrive,
South Miami,Florida,whichis located in
a C-2 Zoning area,and parking variance.
South Miami City Hall
6130 Sunset Drive
PUBLICHEARING:TobeheardbythePlanning Board.
YOU ARE HEREBY ADVISED THAT IF ANY PERSON DESIRES TO APPEAL ANY DECISION MADE WITH RESPECT
TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING,SUCH PERSON WILL NEED A RECORD OF THE
PROCEEDINGS,AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PRO
CEEDINGS IS MADE,WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WH .CH THE APPEAL
IS TO BE BASED.(F.S.286.0105)
PUBL.C HEARING WILL BE HELD IN THE COMMISSION CHAMBERS AT THE CIV HALL,6.30 SUNSET DR.VE,SOUTH
MIAMI.FLORIDA,AT THE TIME AND DATESTATEDABOVE.
ALL INTERESTED PARTIES ARE URGED TO ATTEND.OBJECT.ONS OR EXPRESSIONS OF APPROVAL MAY BE MADE
IN PERSON AT THE HEARING OR FILED IN WRITING PRIOR TO OR AT THE HEAR.NG.THE BOARD RESERVES THE
RIGHT TO RECOMMEND TO THE CITY COMMISSION WHATEVER THE BOARD CONSIDERS IN THE BEST INTEREST FOR
THE AREA INVOLVED.THE BOARD'S RECOMMENDATION ON THIS MATTER WILL BE HEARD BY THE CITY COMMISSION
AT A FUTURE DATE.INTERESTED PARTIES REQUESTING INFORMATION ARE ASKED TO CONTACT THE OFFICE OF THE
,~™os,r«A,..mc 667-5691 or by writing,REFER TOHEARING NUMBER WHEN MAKINGZONINGDIRECTORBYCALLING667—5b3l OK by wmi nnu,
INQUIRY.
1100-7 BZ REV.12-9-81
Edward Coburn
Chairman
PLANNING BOARD
THIS IS A COUR ,^SY NOTICE