Ord. No. 24-85-1241-AORDINANCE NO.24-85-1241^
AN ORDINANCE OF THE CITY OF SOUTH MIAMI,FLORIDA,
•'CONFIRMING,RATIFYING AND APPROVING A LEASE
AGREEMENT WITH RANGEL MANAGEMENT GROUP SOUTH,INC.,
D/B/A PAINTED BIRD CAFE RESTAURANT,FOR TWELVE (12)
NON-EXCLUSIVEPARKING SPACES WITHREGARDTOCERTAIN
DESCRIBED PROPERTY FOR A PERIOD OF FOUR (4)YEARS
WITH AN OPTION TO RENEW FOR AN ADDITIONAL FOUR (4)
YEARS FOR THE SUM OF $2,400 YEARLY,PAYABLE IN ADVANCE,1
ANDAUTHORIZINGTHECITYMANAGERTOENTERINTOSAID
•LEASE AGREEMENT,COPY OF WHICH IS ATTACHED HERETO AND
MADEAPARTHEREOF.
BEITORDAINEDBYTHEMAYORANDTHECITYCOMMISSIONOFTHE.
CITY OF SOUTH MIAMI,FLORIDA:
Section 1.That the lease agreement with Rangel Management
Group South,Inc.,d/b/a Painted Bird Cafe Restaurant,for twelve parking spaces
located on the property located at S.W.71st Street and S.W.58th Avenue,South
Miami,Florida,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 agrement for a period of four (4)years with an op,tion
to renew for an additional (4)years for a sum of $2,400 yearly,payable in
advance,and authorizing the City Manager to enter into said lease agreement,
copy of which is attached hereto and made a part hereof.
PASSED AND ADOPTED this 19th day of November »1985-
APPROVED:
ATTEST:
APPROVED AS TO FORM:
Passed on 1st Reading:11/05/85
Passed on 2nd Reading:11/19/85
LEASE AGREEMENT
THIS AGREEMENT,made this /^/3 day of /ft-*Z&~}/.1985,
between the CITY OF SOUTH MIAMI,a municipal corporation,party of
the first part,and RANGEL MANAGEMENT GROUP SOUTH,INC.d/b/a THE
PAINTEDBIRDCAFE,partyofthesecond part.
WITNESSETH
That the party of the first part has demised and leased to
the party of the second part,the premises situated in the City of
South Miami,County of Dade,State of Florida,*known and described as
follows:
Twelve non-exclusive parking spaces,all
which shall be located within 500 feet
walkingdistanceof5811SunsetDrive,S.
Miami,Florida.
saiduseto be effective onlyfrom11:00 a.m.to11:00 p.m.daily,
and said property to be used only for off-street parking.The City
reservestherighttomaintain parking meters for itsownaccountor
its assigns upon said parking spaces.
Tohaveandtoholdthe same,untothepartyofthesecond
part,froa the date of the execution of this Lease Agreement-until
the 31st day of July,1989.And^Jhe party of the second part in
considerationofsaid .demise*,doej^cftvenant and:agree-.wiJtJjL-the-r-party
of 'the^'firstTjpart as^f^\^B\s^s^^^lp::'^'.^'.'....::_
^J^L^l'lll^fIrJaJ;:part atithe_'..of fice
of City -Finance Direct or -as--i"ent-f or—8 a14 le ased pr erai see~the^sua -of
Two Th6u¥ard~~Fouf"^^Huird"red 00/100 '^Dollars ($2,400,00)per year,
payable yearly in advance in equal"yearly installments of $2,400.00
onthe30thdayofSeptemberofeachandeveryyearduringtheterm
hereof except thatthe rent from the inception ofthislease through
September 30,1985 is hereby acknowledged as revived and_the
foltbwlTig^yeflrly^^the f sua
of-^2400.-00^~^——_^f -u*ir(Sc ji-Ji-!:.V^v..,;,'V'--:
SECOND:That upon the termination of this lease,the second
partywillyieldupsaid premises tosaid party .of thefirstpartin
thesame condition and repair as received (loss byfireand ordinary
wear and tear excepted).
THIRD:That it will not sublet said premises,nor any part
thereof,nor assign thislease without theprior written consent of
the party ofthe first part.
FOURTH:Renewals.This lease may be renewed by party of
thesecondpartuponthesametermsand conditions forone
consecutive term to consist of four years.
FIFTH:Allofthe parties to this lease agree that the
covenantsandagreementshereincontainedshallbebinding upon,
apply and inure to,their respective heirs,executors,administrators
and assigns.
SIXTH:Thisleaseis contingent uponthepartyofthe
second part receiving permission from the party ofthe first part to
operate a restaurant with a seating capacity of 50at 5811 Sunset
Drive,South.Miami,Florida.
WITNESSThehandsandsealsofthepartiesheretotheday
andyear first above written.
Signed,sealed and delivered
inthepresence of:
tytf/}*ax6 <^O^^/
CITY OF
RANGEL MANAGEMENT GR0UPjJ3OUTH73M u.'-.'ui.m:j/<j.Tsar-s.-.u.i.
...;;/vti:.-C>.^f.-rB'^.t'^i..^...•-'•
Bv:tL/vf^nrr£
GEOJfcGS $ANGEL,President
APPROVED AS TO FORM:
GUS EFTHIM
City—At torney
diiiiiiiiiiis
STATE OF FLORIDA)
)SS:
COUNTY OF DADE )
I HEREBY CERTIFY thaton this day personally appeared before
rae,an officer duly authorized to administer oaths and take
acknowledgments,RORFRT R.INGRAM and ROSEMARY JORDAN NAYMAN .
City Manger and City Clerk ofthe City of South Miami,tomewell
known to be the individuals described in and who executed the
foregoing lease,and they acknowledged before me that they executed
thesameforthe purposes therein expressed.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed
official seal at Miami,said County and State,this SSJfcjJr day of
,1985...^^/O
as
My Commission Expires:
fcJOIA&t EUBUC STATE Of FLORIDA AT LAAOI
M*COMMISSION EXPIRES DEC 23 1985.
IONDED IHKU GtNtKAL INS .UNDERWRITERS
STATE OF FLORIDA)
)SS:
COUNTY OF DADE )
/PUBLIC Florida ,
I HEREBY CERTIFY that on this day personally appeared before
rae,an officer duly authorized to administer oaths and take
acknowledgments,GEORGE RANGEL,President of RANGEL MANAGEMENT GROUP
SOUTH,INC.d/b/a THE PAINTED BIRD CAFE,tome well known tobethe
individual described inandwho executed the foregoing lease,andhe
acknowledged before methathe executed thesameforthe purposes
therein expressed.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed
m?v officijal sealat Miami,said Countyand State,this ^?^>day of
NOTARY PUBLIC,S^te"of-Florida"7"FT ~
My Commission Expires:WWW Postic state of fiowo*'.'.'S3&.\'*%$£ffi."\7
Wt COWISSIOII EXf.JAM 23,1981 T ~TWfcfeSW-^X""
woo mv Gmui m+m^.
ow/dsk-2
.--.-a-oi--ii_.ii_.
1—_—,.:.^..:',;.,...i ..'-•.'<nJi\*»:'.m »->-'.—-•'•••'••;•••'•.•-.•••<•>•*'<*/••••}&.•?~"jsHSsaa Brag '•
"'""-1 .—-"••-.^-::&-;g "^Tr~~^^Fv-^:4c
GA9DENS A'0 2
TRACT B
b9»>
—
it
vs
u
<
>
/
•
.«
'j
J •'
j IS /»/y ».*
ii
i>
t+
....•*l
$
7
I
5 *
%
IO
1
——
4
3
/r5
f
o1
'2 li.?
I
$5W ?/"•
applicant:Painted BirdCafe
wni:r:Rangel Management Group South
^P reference:5811 Sunset Drive
ccv-.tentS:Request for a special use permit to allow a fifty
(50)seat restaurant in a C-2 zoning district under the
provision of 5-13-3.01 of the City of South Miami
ITV or°nWtl MIAMI -PLANNING IbOfcRD
r1 1
)&t I
fc»7 «|
60
*9 /P i'
TO 7?i
7/7*!
"0
Ti 77
ls 7*
la 1$
Comppss
Scale
Date.4/11/35 ,
Drn.D.S chk.PS.
Ilonrinq No#.0.5.-0$
MINUTES
PLANNING BOARD
CITY OF SOUTH MIAMI
SEPTEMBER 10,1985
The meeting was called to order by Chairman Ronald Smith at 7:30 P.M.
Present:Ronald Smith Rev.C.E.Standifer
LeePerry ThomasCooper
Edward Coburn Richard Prentiss
AlsopresentwereDiana Wheeler,Director and Phyllis Johnson Secretary.
C.Hearing #85-08 Painted BirdCafe
Request:Request for a special use permit to
allowafifty (50)seatrestaurantin
a C-2 zoning district underthepro
visionof5-13-3.01oftheCityof
SouthMiamiZoningCode.
Location:5811 Sunset Drive.
George Rangel addressed the Board withregardtotheneedfora restaurant
andthe special use permit requirement.
InresponsetotheBoard,DianaWheelernotedthatStaffrecommended ap
proval.The recommendation was read as follows:"The applicant ispro
posingto remodel an existing food store intoa small,quality restaurant.
The applicant has secured a lease agreement for parking and will,there
fore,not require a variance.Additionally,a new awning,lighting,a
planter box,trash enclosure,landscaping and fresh paint are included
intheplans.
Stafffeelsthataknown,reputablerestaurantwouldbeabenefittothe
downtownarea.Itwould generate favorable publicityandwouldhavea
positive influence.Any additional traffic incurred during business hours
duetotherestaurantwillmostlikelybeoutweighedbythenumberof mer
chantsandbusinesspeopleintheareawhochooseto patronize thePainted
Bird instead of driving elsewhere".
In response tothe Board,Diana Wheeler noted that thePaintedBirdCafehad
comebeforetheBoard previously,buttherewere same,questionsthatcame
upanditwas requested that the item be brought before the Board once again.
Mrs,Wheeler further noted that the questions were related to a lease agree
ment approved by City Manager Ingram and the City Attorney,now in the file.
MOTION:By Edward Coburn to approve,with the
understanding that the attached lease
agreement will be voted on by the City
Commission.
Seconded by Lee Perry.
VOTE ON MOTION:Yes 5
No1 (Rev.C.E.Standifer).
m /•
REQUEST:
LOCATION:
LEGAL DESCRIPTION:
COMMISSION HEARING:
City otSouth Miami
PLANNING BOARD
NOTICE OF PUBLIC HEARING
HEARING:
DATE:
TIME:
APPLICANT:
I 85-08
September 10,1985
7:30 P.M.
Painted Bird Cafe
Request for a special use permit to allow a
fifty (50)seat restaurant in aC-2 zoning
district under the provision of 5-13-3.01 of the
City of South Miami Zoning Code.
5811 Sunset Drive
The East 15 feet of Lot 12,all of Lots 13,14,15
and the South 15 feet of Lots 29 through 32,inclu
sive,of H.d.Coopers Subdivision according to the
Plat thereof recorded in Plat Book4 at Page 152
of the Public Records of Dade County,Elorida,LESS
the West 10 feet of said Lot 29;LESS the following:
The south 4.18 feet of said Lots 13,14,and 25 as
per Deed Book 3674 at Page3;ALSO Less the following:
the South 15 feet of said Lots 29,30,31 and 32,
LESS the west 10 feet of Lot 29 and the North 5 feet
of said Lots 12,13,14 and 15,LESS the West 10 feet
of Lot 12 and the North 10.82 feet of the South 15
feet of the East 15 feet of Lot 12 and the North 10.82
feet of the South feet of Lots 13,14 and 15.
October 1,1985
YOU ARE HEREBY ADVISED THAT IE ANY PERSON DESIRES TO APPEAL ANY DECISION MADE WITH RESPECT
IO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING,SUCH PERSON WILL NEED A RECORD OF THE
PROCEEDINGS,AND FOR SUCH PURPOSE MAY NEED TO ENSURI I MATA VERBATIM RECORD OF THE PRO
CEEDINGS IS MADE,WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL
IS TO HE BASED.(F.S.2811.0105)
PUBLIC HEARING WILL BE HELD IN THE COMMISSION CHAMBERS AI THE CITY HALL,6130 SUNSET DRIVE,SOUTH
MIAMI.FLORIDA,AT THE TIME AND DATE STATED ABOVE.
ALL.INTERESTED PARTIES AREURGEDTO ATTEND.OBJECTIONS OR EXPRESSIONS OF APPROVAL MAYBEMADE
IN PERSON AT THE HEARING OR FILED IN WRITING PRIOR TO OR AT THE HEARING.THE BOARD RESERVES THE
WIGHT TO RECOMMEND TO THE CITY COMMISSION WHATEVER THE BOARD CONSIDERS IN THE BEST INTEREST FOR
IHI AREA INVOLVED.THEBOARD1S RECOMMENDATION ON THIS MATTER WILL BEHEARDBYTHECITY COMMISSION
ATA FUTURE DATE.INTERESTED PARTIES REQUESTING INFORMATION ARE ASKED TO CONTACT THE OFFICE OF THE
zoning director by CALLING 667-5601 or by whiting.REFER TO HEARING NUMBER WHEN MAKING
INQUIRY.
!••I II Kit—7 II.'REV.12 —'i—Ml Tl
Ronald K.Smith
Chairman
PLANNING BOARD
'S A COURTESY NOTICE