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Home My WebLink AboutResolution Zoning 08-Z-115 ---,- RESOLUTION NO. 08-Z--.1l.5 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING THE CONDITIONAL USE APPLICATION SUBMITTED BY NATIONAL DELI CORPORATION/JERRY'S FAMOUS DELI (Z2008-08) TO OPERATE A LIQUOR STORE WITHIN THE TOWN CENTER DISTRICT; FURTHER APPROVING A REQUEST TO SELL SPIRITS FOR OFF- PREMISE CONSUMPTION PURSUANT TO SECTION 98-5 OF THE CITY CODE SUBJECT TO CERTAIN CONDITIONS; PROVIDING FOR AN EFFECTIVE DATE. I. RECITALS. WHEREAS, on November 18, 2008, the City Commission of the City of Sunny Isles Beach conducted a public hearing on the conditional use approval application (Z2008-08) submitted by National Deli Corporation/Jerry's famous Deli (the "Applicant") for the following, The Applicant is requesting conditional use approval to sell beer, wine and spirits within a grocery market. The Applicant is also requesting that it be permitted to sell spirits for off- premise consumption under the grocery store exception relating to the distance requirements for alcoholic beverage establishments. LEGAL: Parcel 2 LOTS I, 2, 3, 4, AND 5, SOUTH SHORE ESTATES, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 52, PAGE 69, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; AND THAT PORTION OF THE NORTH 100 FEET OF THE SOUTH 300 FEET OF LOT 2, OF TATUM'S OCEAN PARK COMPANY'S SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 10, PAGE 64, IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, LYING WEST OF THE WESTERLY RIGHT-OF-WAY LINE OF FLORIDA STATE ROAD AlA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTH LINE OF THE NORTH 100 FEET OF THE SOUTH 300 FEET OF LOT 2, OF TATUM'S OCEAN PARK COMPANY'S SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 10, PAGE 64, IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, WITH THE WESTERLY RIGHT-OF- WAY LINE OF FLORIDA STATE ROAD AlA, AS SHOWN BY PLAT RECORDED IN PLAT BOOK 47, PAGE 101, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, SAID POINT BEING THE SOUTHEASTERLY CORNER OF LOT I, OF THE SUBDIVISION OF SOUTH SHORE ESTATES, AS RECORDED IN PLAT BOOK 52, PAGE 69, IN THE PUBLIC RECORDS OF MIAMI- DADE COUNTY, FLORIDA; THENCE WEST ALONG THE NORTH LINE OF THE NORTH 100 17190 Jerry's Famous Deli FEET OF THE SOUTH 300 FEET OF LOT 2 OF THE AFORESAID TATUM'S OCEAN PARK COMPANY'S SUBDIVISION, FOR A DISTANCE OF 402.15 FEET TO THE SOUTHWEST CORNER OF LOT 3 OF SAID SOUTH SHORE ESTATES SUBDIVISION, WHICH POINT IS THE POINT OF BEGINNING; THENCE CONTINUE WEST ALONG THE NORTH LINE OF THE NORTH 100 FEET OF THE SOUTH 300 FEET OF LOT 2 OF THE AFORESAID TATUM'S OCEAN PARK COMPANY'S SUBDIVISION, FOR A DISTANCE OF 200 FEET TO A POINT, WHICH POINT IS THE SOUTHWEST CORNER OF LOT 5 OF SAID SOUTH SHORE ESTATES SUBDIVISION; THENCE SOUTH ALONG THE PROLONGATION SOUTH OF THE LINE DIVIDING LOTS 5 AND 6 OF SAID SOUTH SHORE EST A TES SUBDIVISION FOR A DISTANCE OF 100 FEET TO A POINT ON THE SOUTH LINE OF THE NORTH 100 FEET OF THE SOUTH 300 FEET OF LOT 2 OF SAID TATUM'S OCEAN PARK COMPANY'S SUBDIVISION, EAST ALONG THE SOUTH LINE OF THE NORTH 100 FEET OF THE SOUTH 300 FEET OF LOT 2 OF THE AFORESAID TATUM'S OCEAN PARK COMPANY'S SUBDIVISION, FOR A DISTANCE OF 200 FEET TO A POINT, WHICH POINT IS 392.28 FEET WEST OF THE WESTERLY RIGHT-OF-WAY OF THE AFORESAID FLORIDA STATE ROAD A I A; THENCE NORTH ALONG THE PROLONGATION SOUTH OF THE LINE DIVIDING LOTS 3 AND 4 OF SAID SOUTH SHORE ESTATES SUBDIVISION, FOR A DISTANCE OF 100 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED, WHICH POINT IS THE SOUTHWEST CORNER OF LOT 3 OF SAID SOUTH SHORE ESTATES SUBDIVISION. Legal: Parcel 3: THAT PORTION OF THE NORTH 100 FEET OF THE SOUTH 300 FEET OF LOT 2, OF TATUM'S OCEAN PARK COMPANY'S SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 10, PAGE 64, IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, LYING WEST OF THE WESTERLY RIGHT-OF-WAY LINE OF FLORIDA STATE ROAD AlA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTH LINE OF THE NORTH 100 FEET OF THE SOUTH 300 FEET OF LOT 2, OF TATUM'S OCEAN PARK COMPANY'S SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 10, PAGE 64, IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, WITH THE WESTERLY RIGHT-OF- WAY LINE OF FLORIDA STATE ROAD A I A, AS SHOWN BY PLAT RECORDED IN PLAT BOOK 47, PAGE 101, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, SAID POINT BEING THE SOTHEASTERLY CORNER OF LOT I, OF THE SUBDIVISION OF SOUTH SHORE ESTATES, AS RECORDED IN PLAT BOOK 52, PAGE 69, IN THE PUBLIC RECORDS OF MIAMI- DADE COUNTY, FLORIDA; THENCE WEST ALONG THE NORTH LINE OF THE NORTH 100 FEET OF THE SOUTH 300 FEET OF LOT 2 OF THE AFORESAID TATUM'S OCEAN PARK COMPANY'S SUBDIVISION, FOR A DISTANCE OF 402.15 FEET TO THE SOUTHWEST CORNER OF LOT 3 OF SAID SOUTH SHORE ESTATES SUBDIVISION, THENCE SOUTH ALONG THE PROLONGA TION SOUTH OF THE LINE DIVIDING LOTS 3 AND 4 OF SAID SOUTH SHORE ESTATES SUBDIVISION FOR A DISTANCE OF 100 FEET TO A POINT ON THE SOUTH LINE OF THE NORTH 100 FEET OF THE SOUTH 300 FEET OF LOT 2 OF SAID TATUM'S SUBDIVISION, THENCE EAST ALONG THE SOUTH LINE OF THE NORTH 100 FEET OF THE SOUTH 300 FEET OF LOT 2 OF SAID TATUM'S SUBDIVISION FOR A DISTANCE OF 392.28 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF THE AFORESAID FLORIDA STATE ROAD AlA; THENCE NORTHEASTERLY ALONG THE WESTERLY RIGHT-OF-WAY A DISTANCE OF 100.48 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED. LOCATION: 17]90 Collins Avenue Size of Property: 3 ACRES Zone: Neighborhood Business (B-]) 17190 Jerry's Famous Deli 2 .. And, WHEREAS, on November 18, 2008, the City Commission conducted a public hearing regarding the conditional use approval application; and WHEREAS, the public hearing was advertised and held as required by law and all interested parties concerned in the matter were heard, and upon due and proper consideration given to the matter and to the positive recommendation of the joint memorandum from the Zoning Director; and WHEREAS, notice has been provided to all interested parties and neighboring jurisdiction regarding the application; and WHEREAS, the City Commission has reviewed the application, and finds substantial competent evidence to support a showing by the Applicant that the request for conditional use approval is in compliance with the Land Development Regulations and the Comprehensive Master Plan of the City and maintains the basic intent and purpose of the zoning, subdivision or other land use regulations, which is to protect the general welfare of the public, particularly as it affects the stability and appearance of the community. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: II. INCORPORATION OF RECITALS All recitals are incorporated into the body of this Resolution as if same were fully set forth herein. III. APPROVALS The conditional use application submitted by National Deli Corporation/Jerry's Famous Deli to operate a liquor store within the Town center District is hereby approved. The Applicant's request to sell spirits for off-premise consumption pursuant to Section 98-5 of the City Code is hereby approved subject to all of the conditions provide in Section IV of this Resolution. IV. CONDITIONS (1) That the Applicant obtains a Business License and a Certificate of Use from the City upon compliance with all terms and conditions. The Business License and certificate of Use shall be subject to cancellation upon violation of any conditions. 17190 Jerry's Famous Deli 3 (2) That the sale of spirits will only be permitted during store operation or as outlined under Chapter 98.5 of the City of Sunny Isles Beach Code whichever is more restrictive. That the Applicant shall submit for approval by the City Manager or designee a security lighting plan that will ensure adequate lighting within the parking areas of the Applicant's business. The lighting plan shall be submitted within five (5) days of approval of this application. FAILURE BY THE CITY TO TIMELY ENFORCE ANY OF THE ABOVE CONDITIONS DOES NOT CONSTITUTE A WAIVER OF THE SAME AND IF THE APPLICANT, ITS SUCCESSORS, OR, ASSIGNS, DOES NOT PERFORM SUCH CONDITIONS WITHIN FIVE (5) DAYS AFTER WRITTEN NOTICE, THE CITY RETAINS THE RIGHT TO REVOKE THE CONDITIONAL USE APPLCIA TION, IF NECESSARY, UNTIL THAT CONDITION IS MET. BY ACTING UNDER THIS APPROVAL, APPLICANT HEREBY CONSENTS TO ALL THESE TERMS AND CONDITIONS. V. SEVERABILITY AND EFFECTIVE DATE. (1) If any section, subsection, clause of provision of this Resolution is held invalid, the remainder shall not be affected by such invalidity. All Resolutions or parts of resolutions in conflict herewith shall be and hereby are repealed. (2) This Resolution shall become effective upon adoption, PASSED and ADOPTED this 18th day of November 2008, CITY OF SUNNY ISLES BEACH, FLORIDA By its City Commission j By: ATTEST: ~~,A~ Jane,A. Hines, CMC, City Clerk 17190 Jerry's Famous Deli 4 STOFORM S CIENCY: VOTE: 3- 2. Mayor Norman Edelcup Vice Mayor Thaler Commissioner Brezin Commissioner Goodman Commissioner Scholl 17190 Jerry's Famolls Deli ~es ~es ~es -yes _yes Moved by: VIC~ YY\~V' T...H1sL~ Second by: Co'm~ fSRZ.2.1 N no no no vno --010 5 ~ STATE OF FLORIDA ) )ss: COUNTY OF MIAMI-DADE ) I, JANE A. HINES, Clerk of the City of Sunny Isles Beach, Florida, do hereby certify that the above and foregoing is a true and correct copy of Resolution No. 08-Z- " S adopted by the . City Commission at its meeting held on the 18th day of November 2008. Issued this ~ day of November, 2008. ~A~ Jane A. Hines, CMC, CitY Clerk 17190 Jerry's Famolls Deli 6 TO: VIA: FROM: DATE: RE: City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 City Commission Norman S. Edelcup, Mayor Lewis J. Thaler, Vice Mayor Roslyn Brezin, Commissioner Gerry Goodman, Commissioner George "Bud" Scholl, Commissioner (305) 947-0606 City Hall (305) 949-3113 Fax (305) 792-1565 Planning and Zoning Department (305) 792-1 71 0 Fax A, John Szerlag, City Manager Hans Ottinot, City Attorney Jane A. Hines, CMC, City Clerk MEMORANDUM The Honorable City Commission A. John Szerlag, City Manager Jorge L. Vera, Assistant City Manager Robert Solera, Community Development Director November 18, 2008 Epicure Market / Conditional Use Request RECOMMENDATION: This resolution is presented for you consideration, REASONS: Pursuant to Section 265-13 of the City of Sunny Isles Beach Land Development Regulations, the Applicant is requesting a conditional use approval and permission to sell beer, wine, and spirits under the grocery store exception under Section 98 -5 (D) of the City Code. The aforementioned section allows for locations with an established grocery use to have an exception of the distance requirements for the sale of beer and wine, Without the exception, alcoholic beverage establishments must be located 750 feet from another establishment. The distance requirement does not apply under the exception. Funding available; Finance Department Commission Meeting Date: !o /J-/~-O~ Agenda It~~ No.: 500 Sunny Isles Memo DBPR - NATIONAL DELI CORPORATION; Doing Business As: EPICURE MARKET,... Page 1 of2 ..Il Ronda Departm~e. nt".. BusinesQ) ProfessiA8 I Regulation Public Services Search for a Licensee Apply for a License View Application Status Apply to Retake Exam Find Exam Information File a Complaint AB&T Delinquent Invoice & Activity List Search User Services Renew a License Change License Status Maintain Account Change My Address View Messages Change My PIN View Continuing Ed Term Glossary Online Help (FAQs) Home I Help I Site Map 2:20:07 PM 11/7/2008 Licensee Details Licensee Information Name: NATIONAL DELI CORPORATION (Primary Name) EPICURE MARKET (DBA Name) Main Address: 12711 VENTURA BLVD, SUITE 400 STUDIO CITY California 91604 County: OUT OF STATE License Mailing: LicenseLocation: 17190 COLLINS AVENUE SUNNY ISLES BEACH FL 33160 County: DADE License Information License Type: Retail Beverage Rank: 4COP License Number: Status: Current,Active Licensure Date: 10/27/2008 Expires: 03/31/2009 BEV2302630 Special Qualification Effective Qualifications Dual Beverage and 09/25/2008 Tobacco License Invoice Sent 10/11/2008 Restaurant less than 1972 - COP &. 09/25/2008 https://www.myfloridalicense.com/LicenseDetail.asp?SID=&id=53CC80 1 0 1 DC 15B9C28... 11/7/2008 DBPR - NATIONAL DELI CORPORATION; Doing Business As: EPICURE MARKET,... Page 2 of2 Package Supervisor Alert 10/27/2008 VIew.RelatedmLIc:ense I nfQrm atiQO View License ComQlaint I Terms of Use I I Privacy Statement I https://www.myfloridalicense,com/LicenseDetai1.asp?SID=&id=53CC80 101 DCI5B9C28... 11/7/2008 CITY OF SUNNY ISLES BEACH NOTICE OF ZONING HEARINGS NOTICE IS HEREBY GIVEN that a public hearing will be held by the City Commission of the City of Sunny Isles Beach, Florida, in the Commission Chambers, Sunny Isles Beach Government Center, 18070 Collins Avenue, Sunny Isles Beach, Florida on Tuesday, November 18,2008 at 6:30 p.m., to consider the following Zoning applications: A. R.K. and Associates Location: 16830 Collins Avenue Public Hearing #: Z2008-07 Summary: The Applicant is seeking site plan approval for the construction of a new commercial/retail building. The Applicant intends to demolish the existing building and construct a new one-story building with a total of 6,000 square feet. 1. Pursuant to Section 265-18 of the City of Sunny Isles Beach Land Development Regulations, the Applicant is requesting site plan approval for the construction of a new commercial retail building within the Town Center District. Plans are on file and may be examined in the Planning and Zoning Department for "Proposed One Story Building." consisting of2 sheets, Plans may be modified at public hearing. Legal: A PARCEL OF LAND IN GOVERNMENT LOT 5 IN FRACTIONAL SECTION 11, TOWNSHIP 52 SOUTH, RANGE 42 EAST, MIAMI-DADE COUNTY FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF TRACT "A" OF R.K. COMMERCIAL CENTER SOUTH, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 148 AT PAGE 72 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, THE FOLLOWING FOUR (4) COURSES BEING ALONG THE WEST RIGHT-OF-WAY LINE OF STATE ROAD A-I-A PER STATE ROAD DEPARTMENT RIGHT-OF-WAY MAP SECTION 87170-2517; (1) THENCE SOUTH 01032' 56" WEST FOR 295.96 FEET; (2) THENCE SOUTH 020 51' 03" WEST FOR 5.51 FEET TO THE POINT OF BEGINNING OF THE HEREINAFTER DESCRIBED PARCEL OF LAND, THE PREVIOUS TWO COURSES BEING ALONG THE EASTERLY EXTERIOR BOUNDARY LINE OF SAID TRACT "A"; (3) THENCE DEPARTING SAID EASTERLY EXTERIOR BOUNDARY LINE CONTINUE SOUTH 020 51' 03" WEST FOR 151.11 FEET; (4) THENCE SOUTH 85054' 46" WEST FOR 2.76 FEET TO A POINT ON SAID EASTERLY EXTERIOR BOUNDARY LINE OF TRACT "A", THE FOLLOWING THREE (3) COURSES BEING ALONG SAID EASTERL Y EXTERIOR BOUNDARY LINE OF TRACT "A"; (1) THENCE CONTINUE SOUTH 85054'46" WEST FOR 148.34 FEET; (2) THENCE NORTH 02051 '03" EAST ALONG A LINE PARALLEL WITH SAID WEST RIGHT-OF-WAY LINE OF STATE ROAD A-I-A FOR 151.11 FEET; (3) THENCE NORTH 85054'46" EAST FOR 151.1 I FEET TO THE POINT OF BEG INNING, ADDRESS: 16830 Collins Avenue Size of Property: 0.5 ACRES Zone: Neighborhood Business (B-1) B. Jerry's Famous Deli Location: 17190 Collins Avenue Public Hearing #: Z2008-08 Summary: The Applicant is requesting conditional use approval to sell beer, wine and spirits within a grocery market. The Applicant is also requesting that it be permitted to sell spirits for off-premise consumption under the grocery store exception relating to the distance requirements for alcoholic beverage establishments. I. Pursuant to Section 265-13 of the City of Sunny Isles Beach Land Development Regulations, the Applicant is requesting conditional use approval and permission to sell beer, wine, and spirits under the grocery store exception under Section 98 -5 (D) of the City Code. Plans are on file and may be examined in the Planning and Zoning Department for "Epicure Market Interior Renovation" consisting of I sheet, and Liquor Survey consisting of I sheet. Plans may be modified at public hearing. Legal: Parcel 2 LOTS I, 2, 3, 4, AND 5, SOUTH SHORE ESTATES, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 52, PAGE 69, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; AND THAT PORTION OF THE NORTH 100 FEET OF THE SOUTH 300 FEET OF LOT 2, OF TATUM'S OCEAN PARK COMPANY'S SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 10, PAGE 64, IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, LYING WEST OF THE WESTERLY RIGHT-OF-WAY LINE OF FLORIDA STATE ROAD AlA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTH LINE OF THE NORTH 100 FEET OF THE SOUTH 300 FEET OF LOT 2, OF TATUM'S OCEAN PARK COMPANY'S SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 10, PAGE 64, IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, WITH THE WESTERLY RIGHT-OF- WAY LINE OF FLORIDA STATE ROAD AlA, AS SHOWN BY PLAT RECORDED IN PLAT BOOK 47, PAGE 101, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, SAID POINT BEING THE SOUTHEASTERLY CORNER OF LOT I, OF THE SUBDIVISION OF SOUTH SHORE ESTATES, AS RECORDED IN PLAT BOOK 52, PAGE 69, IN THE PUBLIC RECORDS OF MIAMI- DADE COUNTY, FLORIDA; THENCE WEST ALONG THE NORTH LINE OF THE NORTH 100 FEET OF THE SOUTH 300 FEET OF LOT 2 OF THE AFORESAID TATUM'S OCEAN PARK COMPANY'S SUBDIVISION, FOR A DISTANCE OF 402.15 FEET TO THE SOUTHWEST CORNER OF LOT 3 OF SAID SOUTH SHORE EST A TES SUBDIVISION, WHICH POINT IS THE POINT OF BEGINNING; THENCE CONTINUE WEST ALONG THE NORTH LINE OF THE NORTH 100 FEET OF THE SOUTH 300 FEET OF LOT 2 OF THE AFORESAID TATUM'S OCEAN PARK COMPANY'S SUBDIVISION, FOR A DISTANCE OF 200 FEET TO A POINT, WHICH POINT IS THE SOUTHWEST CORNER OF LOT 5 OF SAID SOUTH SHORE ESTATES SUBDIVISION; THENCE SOUTH ALONG THE PROLONGATION SOUTH OF THE LINE DIVIDING LOTS 5 AND 6 OF SAID SOUTH SHORE EST A TES SUBDIVISION FOR A DISTANCE OF 100 FEET TO A POINT ON THE SOUTH LINE OF THE NORTH 100 FEET OF THE SOUTH 300 FEET OF LOT 2 OF SAID TATUM'S OCEAN PARK COMPANY'S SUBDIVISION, EAST ALONG THE SOUTH LINE OF THE NORTH 100 FEET OF THE SOUTH 300 FEET OF LOT 2 OF THE AFORESAID TATUM'S OCEAN PARK COMPANY'S SUBDIVISION, FOR A DISTANCE OF 200 FEET TO A POINT, WHICH POINT IS 392.28 FEET WEST OF THE WESTERLY RIGHT-OF-WAY OF THE AFORESAID FLORIDA STATE ROAD AlA; THENCE NORTH ALONG THE PROLONGATION SOUTH OF THE LINE DIVIDING LOTS 3 AND 4 OF SAID SOUTH SHORE ESTATES SUBDIVISION, FOR A DISTANCE OF 100 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED, WHICH POINT IS THE SOUTHWEST CORNER OF LOT 3 OF SAID SOUTH SHORE ESTATES SUBDIVISION. Legal: Parcel 3: THAT PORTION OF THE NORTH 100 FEET OF THE SOUTH 300 FEET OF LOT 2, OF TATUM'S OCEAN PARK COMPANY'S SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 10, PAGE 64, IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, LYING WEST OF THE WESTERLY RIGHT-OF-WAY LINE OF FLORIDA STATE ROAD AlA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTH LINE OF THE NORTH 100 FEET OF THE SOUTH 300 FEET OF LOT 2, OF TATUM'S OCEAN PARK COMPANY'S SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 10, PAGE 64, IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, WITH THE WESTERLY RIGHT-OF- WAY LINE OF FLORIDA STATE ROAD AlA, AS SHOWN BY PLAT RECORDED IN PLAT BOOK 47, PAGE 101, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, SAID POINT BEING THE SOTHEASTERLY CORNER OF LOT I, OF THE SUBDIVISION OF SOUTH SHORE ESTATES, AS RECORDED IN PLAT BOOK 52, PAGE 69, IN THE PUBLIC RECORDS OF MIAMI- DADE COUNTY, FLORIDA; THENCE WEST ALONG THE NORTH LINE OF THE NORTH 100 FEET OF THE SOUTH 300 FEET OF LOT 2 OF THE AFORESAID TATUM'S OCEAN PARK COMPANY'S SUBDIVISION, FOR A DISTANCE OF 402,15 FEET TO THE SOUTHWEST CORNER OF LOT 3 OF SAID SOUTH SHORE ESTATES SUBDIVISION, THENCE SOUTH ALONG THE PROLONGATION SOUTH OF THE LINE DIVIDING LOTS 3 AND 4 OF SAID SOUTH SHORE ESTATES SUBDIVISION FOR A DISTANCE OF 100 FEET TO A POINT ON THE SOUTH LINE OF THE NORTH 100 FEET OF THE SOUTH 300 FEET OF LOT 2 OF SAID TATUM'S SUBDIVISION, THENCE EAST ALONG THE SOUTH LINE OF THE NORTH 100 FEET OF THE SOUTH 300 FEET OF LOT 2 OF SAID TATUM'S SUBDIVISION FOR A DISTANCE OF 392.28 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF THE AFORESAID FLORIDA STATE ROAD AlA; THENCE NORTHEASTERLY ALONG THE WESTERLY RIGHT-OF-WAY A DISTANCE OF 100.48 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED. ADDRESS: 17190 Collins Avenue Size of Property: 3 ACRES Zone: Neighborhood Business (B-1) All persons are invited to appear at this meeting or be represented by an agent, or to express their views in writing addressed to the City Clerk, City of Sunny Isles Beach, 18070 Collins Avenue, Sunny Isles Beach, Florida, 33160. The courts have ruled that it is improper to contact a City Commission member individually, either orally or in writing about any zoning applications. Maps and other data pertaining to these applications are available for public inspection during normal business hours in City Hall. Any zoning hearing may be continued at this meeting and under such circumstances, additional legal notice would not be provided. Any persons wishing to speak at a public hearing should register with the City Clerk prior to that item being heard. Inquiries regarding the item may be directed to the City's Planning and Zoning Department at (305) 792- 1710. Please refer to the hearing number when making an inquiry. If a person decides to appeal any decision made by the City Commission with respect to any matter considered at such meeting or hearing, they will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for introduction or admission of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. In accordance with the Americans with Disabilities Act, all persons who are disabled and who need special accommodations to participate in this meeting because of that disability should contact the City Manager at 305-792-1701, no later than 48 hours prior to the proceeding; if hearing impaired, please telephone the TOO line at 305-792-1590 for assistance. City of Sunny Isles Beach Development Review Report OF SUH. I. Project Summary Application #: Z2008-08 Proposed Conditional Use Application Summary: The Applicant is requesting conditional use approval to sell beer, wine and spirits within a grocery market. The Applicant is also requesting that it be permitted to sell spirits for off-premise consumption under the grocery store exception relating to the distance requirements for alcoholic beverage establishments, Applicant/Owner: National Deli Corporation / Jerry's Famous Deli 17190 Collins Avenue Sunny Isles Beach, FL 33160 Phone: (786) 877-5747 II. Site Information Site Area: 3 acres Location 17190 Collins Avenues Land Use: Town Center (TC) Zoning: Town Center District (TC) Ad' tP rf 11acen rope les: Existing Land Use Zoning Land Use Plan North Commercial retail TC MUB East Multi family residential MU-R MUHDR South Commercial retail TC MUB West Multi-family residential TC MHDR III. History The previous use for the existing facility was a deli. No previous application has been received for this particular site in the history of the City of Sunny Isles Beach. CVS STORE 22008-06 RCS - IV. Standards of Review for Conditional Use Pursuant to Section 265-13 (c) of the City Code, the following factors should be considered in granting a conditional use: (1) The proposed use shall be consistent with the Comprehensive Plan: the request is for a conditional use and it is consistent with the Comprehensive Plan. (2) The establishment, maintenance or operation of the proposed use shall not be detrimental to or endanger the public health, safety, or general welfare: the proposed conditional use is in conjunction with an existing use at the subject property; (3) The proposed use shall be consistent with the community character of the immediate neighborhood of the proposed use: the proposed use is within the character ofthe Town Center District; (4) Utilities, roadway capacity, drainage, and other necessary public facilities, including police, fire and emergency services, shall exist at the City's adopted levels of service, or will be available concurrent with demand as provided for in the requirements of the LDR's: the City of Sunny Isles Beach services meet the needs of the conditional use request; (5) Adequate measures exist or shall be taken to provide ingress and egress to the proposed use in a manner that minimizes traffic congestion in the public street: the requested conditional use is in conjunction with an established use and does not provide for an increase in traffic to the location; (6) The establishment of the conditional use shall not impede the development of surrounding properties for uses permitted in the zoning district: the proposed use is in conjunction with an existing use and other properties that surround the subject property have the same type of use; (7) The design of the proposed use shall minimize adverse effects, including visual impacts of the property use on adjacent property through the use of building orientation, setbacks, buffers, landscaping and other design criteria: the proposed use is within an established location. The location has taken measures to provide landscape buffers and sufficient setback to preserve the possibility of any visual impact. V. Off-Street Parking and Loading Standards Required Provided Regular N/A N/A Loading N/A N/A Handicap N/A N/A VI. Art in Public Places (N/A) CVS STORE Z2008-06 RCS 2 .... VII. Applicant's Request The Applicant is requesting conditional use approval to sell beer, wine and spirits within a grocery market. The Applicant is also requesting that it be permitted to sell spirits for off-premise consumption under the grocery store exception relating to the distance requirements for alcoholic beverage establishments. Plans are on file and may be examined in the Planning and Zoning Department for Epicure Market Interior Renovation as prepared by Edward A Landers, P.E consisting of one sheet (SP-l), dated February 6,2008, and Liquor Survey for 17190 Collins Avenue as prepared by James Beadman and Associates Inc. consisting of one sheet, all stamped received on October 24, 2008. Legal: LOTS 1,2,3,4, AND 5, SOUTH SHORE ESTATES, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 52, PAGE 69, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; AND THAT PORTION OF THE NORTH 100 FEET OF THE SOUTH 300 FEET OF LOT 2, OF TATUM'S OCEAN PARK COMPANY'S SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 10, PAGE 64, IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, LYING WEST OF THE WESTERLY RIGHT-OF-WAY LINE OF FLORIDA STATE ROAD AlA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTH LINE OF THE NORTH 100 FEET OF THE SOUTH 300 FEET OF LOT 2, OF TATUM'S OCEAN PARK COMPANY'S SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 10, PAGE 64, IN THE PUBLIC RECORDS OF MIAMI- DADE COUNTY, FLORIDA, WITH THE WESTERLY RIGHT-OF-WAY LINE OF FLORIDA STATE ROAD AlA, AS SHOWN BY PLAT RECORDED IN PLAT BOOK 47, PAGE 101, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, SAID POINT BEING THE SOUTHEASTERLY CORNER OF LOT I, OF THE SUBDIVISION OF SOUTH SHORE ESTATES, AS RECORDED IN PLAT BOOK 52, PAGE 69, IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; THENCE WEST ALONG THE NORTH LINE OF THE NORTH 100 FEET OF THE SOUTH 300 FEET OF LOT 2 OF THE AFORESAID TATUM'S OCEAN PARK COMPANY'S SUBDIVISION, FOR A DISTANCE OF 402.15 FEET TO THE SOUTHWEST CORNER OF LOT 3 OF SAID SOUTH SHORE ESTATES SUBDIVISION, WHICH POINT IS THE POINT OF BEGINNING; THENSE CONTINUE WEST ALONG THE NORTH LINE OF THE NORTH 100 FEET OF THE SOUTH 300 FEET OF LOT 2 OF THE AFORESAID TATUM'S OCEAN PARK COMPANY'S SUBDIVISION, FOR A DISTANCE OF 200 FEET TO A POINT, WHICH POINT IS THE SOUTHWEST CORNER OF LOT 5 OF SAID SOUTH SHORE ESTATES SUBDIVISION; THENCE SOUTH ALONG THE PROLONGATION SOUTH OF THE LINE DIVIDING LOTS 5 AND 6 OF SAID SOUTH SHORE ESTATES SUBDIVISION FOR A DISTANCE OF 100 FEET TO A POINT ON THE SOUTH LINE OF THE NORTH 100 FEET OF THE SOUTH 300 FEET OF LOT 2 OF SAID TATUM'S OCEAN PARK COMPANY'S SUBDIVISION, EAST ALONG THE SOUTH LINE OF THE NORTH 100 FEET OF THE SOUTH 300 FEET OF LOT 2 OF THE AFORESAID TATUM'S OCEAN PARK COMPANY'S SUBDIVISION, FOR A DISTANCE OF 200 FEET TO A POINT, WHICH POINT IS 392.28 FEET WEST OF THE WESTERLY RIGHT-OF-WAY OF THE AFORESAID FLORIDA STATE ROAD AlA; THENCE NORTH ALONG THE PROLONGATION SOUTH OF THE LINE DIVIDING LOTS 3 AND 4 OF SAID SOUTH SHORE ESTATES SUBDIVISION, FOR A DISTANCE OF 100 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED, WHICH POINT IS THE SOUTHWEST CORNER OF LOT 3 OF SAID SOUTH SHORE ESTATES SUBDIVISION. Legal: Parcel 3: THAT PORTION OF THE NORTH 100 FEET OF THE SOUTH 300 FEET OF LOT 2, OF TATUM'S OCEAN PARK COMPANY'S SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 10, PAGE 64, IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, LYING WEST OF THE WESTERLY RIGHT-OF-WAY LINE OF FLORIDA STATE ROAD AlA, MORE PARTICULARLY CVS STORE 22008-06 RCS 3 DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTH LINE OF THE NORTH 100 FEET OF THE SOUTH 300 FEET OF LOT 2, OF TATUM'S OCEAN PARK COMPANY'S SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 10, PAGE 64, IN THE PUBLIC RECORDS OF MIAMI- DADE COUNTY, FLORIDA, WITH THE WESTERLY RIGHT-OF-WAY LINE OF FLORIDA STATE ROAD AlA, AS SHOWN BY PLAT RECORDED IN PLAT BOOK 47, PAGE 101, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, SAID POINT BEING THE SOUTHEASTERLY CORNER OF LOT 1, OF THE SUBDIVISION OF SOUTH SHORE ESTATES, AS RECORDED IN PLAT BOOK 52, PAGE 69, IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; THENCE WEST ALONG THE NORTH LINE OF THE NORTH 100 FEET OF THE SOUTH 300 FEET OF LOT 2 OF THE AFORESAID TATUM'S OCEAN PARK COMPANY'S SUBDIVISION, FOR A DISTANCE OF 402.15 FEET TO THE SOUTHWEST CORNER OF LOT 3 OF SAID SOUTH SHORE ESTATES SUBDIVISION, THENCE SOUTH ALONG THE PROLONGATION SOUTH OF THE LINE DIVIDING LOTS 3 AND 4 OF SAID SOUTH SHORE EST A TES SUBDIVISION FOR A DISTANCE OF 100 FEET TO A POINT ON THE SOUTH LINE OF THE NORTH 100 FEET OF THE SOUTH 300 FEET OF LOT 2 OF SAID TATUM'S SUBDIVISION, THENCE EAST ALONG THE SOUTH LINE OF THE NORTH 100 FEET OF THE SOUTH 300 FEET OF LOT 2 OF SAID TATUM'S SUBDIVISION FOR A DISTANCE OF 392.28 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF THE AFORESAID FLORIDA STATE ROAD AlA; THENCE NORTHEASTERLY ALONG THE WESTERLY RIGHT-OF-WAY A DISTANCE OF 100.48 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED. VIII. Variances: N/ A IX. Staff Analysis The Town Center designation is a planned development district that encompasses both underlying commercial and residentialland use categories. The Town Center primary objective is to foster a regionally competitive business and activity center for cultural activities, visitor's services financial services, and professional office. The Applicant is requesting conditional use approval to sell beer, wine and spirits within a grocery market. The Applicant is also requesting that it be permitted to sell spirits for off-premise consumption under the grocery store exception relating to the distance requirements for alcoholic beverage establishments. The proposed conditional use is consistent with and furthers the intent of the Town Center District designation of the City's Comprehensive Plan. The proposed use is compatible with the existing surrounding land uses. The Applicant's request for conditional use clearly appears to satisfy the requirements of Section 265-13(c) of the City Code. Specifically, the Applicant's business is not detrimental to or endanger the public health, safety, or general welfare of the City. The Applicant is operating an upscale cafe/market that provides certain amenities to its customers. The proposed use is consistent with the community character. With respect to the distance requirements for alcoholic beverage establishments, the City Code provides an exemption to grocery stores for the sales of beer and wine. The exemption does not include the sales of hard liquor. The Applicant is requesting permission to sell hard liquor within the exemption. Staff has reviewed the Applicant's request. Staff does not object to the request because the request is not detrimental to the community. Moreover, the Applicant's place of business is not adjacent or near a public school. CVS STORE Z2008-06 RCS 4 -" x. Conditions (1) That the project shall be developed substantially in accordance with the plans submitted for public hearing. Plans are on file and may be examined in the Planning and Zoning Department for Epicure Market Interior Renovation as prepared by Edward A Landers, P.E consisting of one sheet (SP-l), dated February 6, 2008, and Liquor Survey for 17190 Collins Avenue as prepared by James Beadman and Associates Inc., all stamped received on October 24, 2008. (2) That the Applicant comply with all conditions and permit requirements of the Department of Environmental Resource and Management (DERM), the Miami-Dade County Fire Department (MDFD), Water and Sewer Department, Department of Environmental Protection (DEP), Florida Department of Transportation (FDOT). (3) That all signage associated with the location complies with the requirements of the signing code. No signs are approved as part of this application. (4) That the Applicant obtains a Business License and a Certificate of Use from the City upon compliance with all terms and conditions, The Business License and Certificate of Use shall be subject to cancellation upon violation of any conditions. (5) That the sale of spirits will only be permitted during store operation or as outline under Chapter 98 of the City of Sunny Isles Beach Code whichever is more restrictive. (6) That the Applicant shall submit for approval by the City Manager or designee a security lighting plan that will ensure adequate lighting within the parking areas of the Applicant's business. The lighting plan shall be submitted within five (5) days of approval of this application. CVS STORE Z2008-06 RCS 5 NATIONAL DELI CORPORATION 17190 Collins Avenue Sunny Isles Beach, Florida 33160 October 21, 2008 VIA HAND DELIVERY LETTER OF INTENT RELATING TO CONDITIO Re: Epicure Market/17190 Collins Avenue/Conditional Use Application roJ~~~~\YI~rm lnl OCT 2 1 2008 lW 2- ~- 0 PLANNING & ZONING DEPT. City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FL 33160 Attn: Office of the Planning and Zoning Administrator Dear Administrator: In accordance with City requirements, and in response to the letter from the City Attorney dated October 9, 2008, this letter accompanies our application for conditional use arising out of the denial of our application for Certificate of Use relating to "Merchants Retail (Package Store)", Per City letter dated September 29, our application was denied due to the failure to satisfy the 750' distance requirement as required by Section 98 of the Code of Ordinances, Enclosed please find the following signed and notarized documents, in duplicate, In support of our application: 1, Public Hearing Application. 2, Site Plan 3, Summary of the project 4. Ownership affidavit and owner's sworn to consent. 5. Certified survey, 6, Legal Description of subject property 7. Disclosure of Interest 8. Copy of lease We are entitled to the Conditional Use because we satisfy all of the criteria established in g265-l3 of the Code of Ordinances. Specifically: I) The proposed use is consistent with the Comprehensive Plan - in fact, the requested use which was denied has been permitted since 1954 by Miami-Dade County Resolution Nos. 2-ZAB-440- 64, 4-ZAB-578-71, and 4-ZAB-462-74 (copies attached), The business has been operated continuously since opening without abandoning. its permitted use, and long predates any other package sale use with 750'; 2) The establishment, maintenance or operation of the proposed use is not detrimental to or endanger the public health, safety, or general welfare; 3) The proposed use is consistent with the community character of the immediate neighborhood of the proposed use. The desired package sale use is within an overall upscale market, and is not a "stand alone" package store. It should have no adverse impact on the neighbors within or outside of any distance requirement; 4) Utilities, roadway capacity, drainage, and other necessary public facilities, including police, fire and emergency services, exist at the City's adopted levels of service; 5) Adequate measures exist to provide ingress and egress to the proposed use in a manner that minimizes traffic congestion in the public streets; 6) The establishment of the conditional use shall not impede the development of surrounding properties for uses permitted in the zoning district; and - - SUMMARY OF THE PROJECT: The Project involves the Epicure Market and Cafe, an upscale market with self-service restaurant, including sales for beer, wine and liquor for on and off-premises consumption. 500 e~ed OJe~lnbs uOJJeg z~e~-ol vOvEZvEv56-WOJ:f 01: II BOOZ-OI-OI pe^la~a~ Hearing # Date Received Folio Nwn OCT 2 1 2008 z- '7.AOJ>- t:>J1 ONING DEPT. ~, PUBLIC HEARING APPLICATI 1. Name of Applicant National Deli Corporation a. if applicant is the owner. give name ex.actly as recorded on deed. b. If applicant is lessee. attach copy of valid lease of one (1) year or more and Owners Swom-to-Consent. c. If applicant is a corporation. partnership. limited parlnership. or trustee, a separate Disclosure of Interest form must be completed, Mailing Address 17190 Collins Avenue City Sunny Isles Beach State Florida Zip 33160 Tel. # (during working hours) 786-877-5747 Other 2. Name of Property Owner Jerry I s Famous Deli I Inc. 3. Mailing Address 17190 Collins Avenue City Sunny Isles Beach State Florida Zip 33160 Tel. # (during working hours) 786-877-5747 Other 4. Contact Person Jason Starkman Mailing Address 17190 Collins Avenue Ctty, Sunny Isles Beach Tel. # (du....rog working hours) State Florida .Zip 33160 786-877-5747 Other 5. LEGAL DESCRIPTION OF THE PROPERTY COVERED BY THE APPLICATION a. if subdivided, provide lot, block, complete name of subdivision, plat book and page nwnber. b. if metes and bounds description. provide complete legal description (including section, township and range). c. if separate request apply to different areas. provide the legal description of each area eovered by a separate request. d. attach a separate, typed sheet if necessary. Verify the legal description is concet. SEE ATTACHED City of Sunny Isles Beach 2 Planning and Zoning Department .........."" ,..."n~ UnTTI'"\nVTCH.rn"l UTU"\7 ~n~~?~~~C~ VYJ n~~nT onn7/nT/nT ~ 900 a2Bd OJ3i!nbS UOJJB8 ZiB~-ol rortZrtrS6-WOJ~ ot: II BOOZ-Ot-Ot P3A!3:l311 6. Address or location of subject property: 17190 Florida 33160 Size of property: ft. X Collins Avenue, Sunny Isles Beach, 7. 8. ft. acres .3 Date subject properly acquired 0 or leasedm. 5 year initial term plus 5x5 renewal options .term of lease 1st day of September, 2008 years/months. 9. Does property owner own contiguous property to the subject property'? If so, give complete legal description of entire contiguous property. (lflengthy, please type on a sheet labeled "Contiguous Property". NO 10. Is there an option to purchase 0 or lease 0 the subject property or properly contiguous thereto? o Yes or~ No If yes, who are the potentia1 purchasers or lessees? (Complete section of Disclosure of Interest form also). 11. Present zoning classification (s): Town Center 12. REQUEST (8) COVERED UNDER THIS APPLICATION: Please check the appropriate box and give a brief description of the nature ofthc request in the space provi~ed. o Comprehensive Plan AmendmelIt. o District BoundaJy Change (8) o Site Plan Approval. ~ditional Use 'lIll . oPlat Approval o Transfer Development Rights o Vested Rights o Appeals o Other. 13. Has a public hearing been held on this property within the last year and a half? 0 yes 0 no If yes, applicants name Jerry I s Famous Deli, Inc. Date of hearing May 17, 2007 Nature of hearing Site Plan Modification Decision of hearing Approved Resolution # 07-Z-109 city of Sunny Isles Beach 3 Phmning and Zoning Department aT,., Innn rm ~TnTT""nVTC't.tn,,", U'DrU &.n.......,....a.I'". ~F.'I'''''''''''. __ ____ .__ .__ lOO a~ed OJal!nbS UOJJee zle~-Ol l'Ol'Ell'El'!i6-WOJj Ol:ll BOOl-Ol-OI pa^la~9~ 14. Is this hearing being requested as a result of violation notice? yes e If yes, give name to which violation notice was served Nature of violation 15. Are there any existing stnictures on the property? B no If yes, briefly describe Epicure Market and Cafe 16. Is there any existing use on the property? G;;J no If yes, what is the use and when was it established? Use Self-service restaurant with retail sales Established 1954 City of Sunny Isles Beach 4 Planning and Zoning Department ~'T"'" "nnr:ib ~TnTT,..,nlfT"'~Tn..., lfTITV ~n~~7~~~C~ VVJ T~'nT onn~'nT/nT BOO a211d oJa~!nbs UOJJllg z~ll~-ol vOvEZvEvS6-WOJ~ 01: Il BOOZ-OI-OI pa^,aoa~ OWNER OR TENANT AFFIDAVIT . 1. , being first duly sworn. depose and say that I am the owner tenant of the property described and which is the subject matter of the proposed hearing; matter attached to and made a part of the application are honest and true to the best of my knowledge and belief. I understand this application must be complete and accurate before the application can be submitted and the hearing advertised. Sworn to and subscribed to before me this~~yof ,____ Signature Notary Public Commission Expires .1.... ..... ... ..,. .... ....... ....... ........ ...... .............. ................ ........... ..... ............... .... .............. ,.-."., .1.......I".....~;oi,;........'I"........... ..... CORPORATION AFFIDAVIT We, Jason starJanan , being flIst duly sworn, depose and say that we are the President Vice President and Secretary Asst. Secretary of the aforesaid corporation and as such, have been authorized by the corporation to me this application for public hearing; that all answers to the questions in said application and all sketches. data and other supplementary matter attached to and made a part of this application are honest and true to the best of our knowledge and belief; that said corporation is the owner (!enan:Jjof the property described herein and which is the subject matter of the proposed hearing. We understand this application must be complete and acc ate before the applicati can be submitted and the hearing advertised_ (CoIp. Seal) Attest: ,,'~":""'II, f4~A. ;i ~\ -:.... b.: -:,: .- ,f~ '~J?'" . '}~......", m "'~"\ g ("')~ c.("')OQj~ ~~~-<t ~ ;l. ~. ~ : z ~. Q" g. ~ Q) 0 -' (") ...... ~.:lm. n g~.sCJ)- !!!.. 0 "'. !iT "'. zomCD~1 ~~~2..~f -< ~:;:~~ i8~e: . 0 Sworn to and subscribed to before me thisKdayof tJcruIJell- J't1Vi ........... .... ............ .... ......... ........ -....-.. ........ -.... ........... ..---... ...... ............... ..-............. ..... ..~21Io:.~........';, ;':l~.......: ':.1'."'.1.& ~.........~ ~:.a....."io";'.........\:.: PARTNERSHIP AFFIDA VlT We, the undersigned, being first duly sworn depose and say that we are partners of the hereinafter rmmed partnership and as such, have been authorized to file this application for a public hearing; that all answers to the questions in said application. and all sketches. data and other supplementary matter attached to and made a part of this application are honest and true to the best of our knowledge and belief; that said partnership is the owner tenant of the property described herein, which is the subject matter of the proposed hearing. We understand this application must be complete and accurate before the application can be submitted and hearing advertised. % % By By (Name of Partnership) % % By By Sworn to and subscribed to before me this day of Notary Public Commission Expires ..... ......... ....... ... II.. ....... ......... ................. .......... ....... ............. ..... .............1 .... ... ......... ....... .... ....... ....... II.... .... ........ ..... II.. ..... City of Sunny Isles Beach :> Planning and Zoning Department aT n ,nnn F;b unTT~nUTc~n~ UDnT ~n"P7"r"pc:: V'1.1.T T'" nT .n........_ ,,.-r ,,...... .... .~ 600 BJied oJB+!nbS UOJJes z+e~-ol vOvEZvEv96-WOJ~ 01: II BOOZ-OI-Ot pBA!a~B~ LIMITED PARTNERSIllP AFFIDAVIT ;. ~ i:l ..... ...... ...1:....... Ii o1l......... ,:.....~... .,...... ij/........."........\.l. .I~....".l...-\;.' 11..^".",.......~I.r........"..........~". ..................... ........ ....... ... ...... We, the uncle 'gned. being first duly sworn depose and say that we are partners of the hereiJJ iter name,d limited partnership and such. have been authorized to file this application for a public heari~g~nat all answers to the questions in said a: lication and all sketches, data and other supplementary matter attac~~ to and made a part of this application are nest and true to the best of our knowledge and belief; that said limited partnership is the owner tenant of th roperty described herein. which is the subject matter'7f fte proposed hearing. We understand this applicati must be complete and accurate before the application an be submitted and hearing l!4v~nisc;d. (NamrfLimited Partnership) By % By / % By % By " % S worn to and subscribed to before me / this day of . . .,. ............... ..........:.......................................~:.::n;i~~~::~~......_............_.................. TRU A VIT I. . being irr ,duly sworn, depose and say that I am the trustee for the property described and which is the subject matter of ~ p 'posed hearing; that all answers to the questions in this app Hcation and all sketch data and other supplemen ma ,r attached to and made a part of the application are honest and true to the best of my knowledge an. eUef. I ,\ndcrstand this application must be complete and accurate before the application can be submitted " a the hearing 3d~\,..j, Signalw"e Sworn to and subscribed to before me ' this day of, " ~ Notary Public ...... ............................................. ..............~~~~~~:~:.~.......................................... I. . being irrst duly sworn, depose and saxthat I am a State of Florida Attorney At Law and I am e Attorney for the Owner of the property described and whi~h is the subject matter of the proposed hearing; t all answers to the questions in this application and at... sketch data and other supplementary matter hed to and made a part of the application are honest and . e to the best of my knowledge and belief I understand this application must be complete and accurate beforee application can be submitted and the h ing advertised. ' Commission Expires Sworn to and s scribed to before me this y of Notary Public 'I. . .' ................ ........... ..... .......... ....... ....... ............... ................ ........................ ........ .......... . ....... ........... \' City of Suriny Isles Beach () Planning and Zoning Department ,-_...~ "'Tn T Tf"'\nUTC"..rnf"'\ vnnr ~n~r7~r~~~ VVJ 7P"nT nnn~'nT~nT 010 9sed OJ9~lnbS UOJJea z~e~-ol POPEZPEvS6-WOJ:I 01: II 800Z-01-01 P9^!9:l911 I / " , l OWNERSHIP AFFIDAVIT FOR INDIVIDUAL STATE OF Public Hearing No. ;) COUNTY OF "- /.//' Before me, the Unde~ign~~UthOrity, personally appeared . . /. / hereinafter the Affiant, who being duly sworn by me, on oath, deposes and say, . : \c~, ' ~ ~ . 1. Affiant is the fee owner of tfie property, which is the subject of the prq sed hearing. 2. The subject property is legaIlY\~ as: .. . . '\- "- 3. Affiant understands this affidavit is SUbj~~~ penalti . of law for perjury and the possibility of voiding of any zoning granted at public hearing. ' t" ~, Witnesses: Signature \\ \\. ~ ~ \ Affiant's Signature Print Name Print Name Commission Expires: Signature Print Name day of own to me or has produced City of Sunny Isles Beach 7 Planning and Zoning Department ,..,. _ ,n-rn r=;h UnTT'"lnVTC"un..... '\TTJT'\T ~n~P?~p~re VV.T ?~.nT ~nn_'ft~'nY _J' LtO a2ed OJal!nbs UOJJeg zle~-ol POPE2PEPS6-WOJj OL: LL S002-0t~OL pa^!a~aH STATE OF COUNTY OF OWNERSIDP AFFIDAVIT FOR CORPORATION Public Hearing No. Before me, the undersigned authority, personally appeared Jason Starkman .hc;:reinafter the Affiant (5), who being first duly sworn by me, on oath, deposes and says: 1. Affiant is the president, vice-president or CEO of the Jerry's Famous Deli, Inc. Corporation, with the following address= .17190 Collins Avenue. Sunnv Isles Beach. Florida 33160 2. The Corporation owns the property, which is the subject of the proposed hearing. 3. The subject property is legally described as: . See attached 4. Affiant is legally authorized to file this application for public hearing: 5. Affiant understands this affidavit is subject to the penaities of law for perjury and the possibility of voiding of any zoning granted at public hearing. Jerry's By: -,..." Si~ature7>e 1./ fA-tC/~ Print Name Sworn to and subscribed b~tor me on the[fday of Affiant i@onally known to me r has produced Identificatio . Ocro (j t! /L , 200 J' as """""" MARGARET ZELENKA . 11II ..' ~y P(J;:~~ Iorida ~~m;),,~"" Notary Public. Stale of F · ~. · . ~ Commission Expires APf 14, 2010 . · ~ f1:.~! Commission # DO 513700 I '..:f"f{r,r.;,.,.\ Bonded By National Notary Assn. · ~ ~ Co /0, ~/b I City of Sunny Isles Beach 8 Planning and Zoning Department lLO a2ed OJ3+!nbS UOJJea z+e~-ol vOvElYEv~6-WOJ:l OL: LL BOOl-OL-OL pa^!a~aH OWNERSHIP AFFIDAVIT FOR PARTNERSHIP ~~t~ ~ Public Hearing NO/" Before me, the~dersigned authority, personally appeared , " , hereinafter the Affi7ant (s (who being first duly s.worn by me, on o.a~deposes and says: 1. Affiant is the g~~Partner of the partnership, at the fol wing address: . / / 2. Affiant as general partner is ~Orized to file . s application for a public hearing. 3. The partnership owns the prope~whiC s the subject of the propos~d hearing. 4. ~e subject property is legally des:! '\:: ~ 5. Affiant understands this affi vit is subject to th~~enalties of law for perjury and the possibility of voiding of an: zoning granted at pub1ic hearing. '\.. Witnesses: \~\~., _ (General Partner) Signature / \, Affiant's Signature PrintN7 Signre . t' Sworn to and ~ scribed before me on the _day of Afftallt is pe onally!mown to me or has produced as Identific . on. \.,200 \, \ Notary (Stamp/S&!) Commission Expires: \:. \ mne City of Sunny Isles Beach 9 Planning and Zoning Department J<Tn/7Tnl'it1 ~nTT~nUTc~n~ vmv "'n.,p.,:r,.p..rc vu.'1',..... t'\T ,.,,.......... "......... "........ EtO a~ed OJa~!nbs UOJJea z~e~-ol trOtEZtrEtrS6-WOJ:l OL: L L BOOZ-OL-Ol pa^la:la~ OWNERSIDP AFFIDAVIT LIMITED FOR PARTNERSHIP (s), who being first duly STATE ' COUNTY ~_ Before me. the)mderSigned authority, personally appeared 1. Affiant is the gen al partner of the limited partnership, at e following address: / / lIe this application for a public hearing. 2. Affiant as general partner is au ' 3. 4. 5. Affiant understands this affidavit is subject to the ,enalties of law for perjury and the possibility of voiding 0; y zoning granted at publ hearing. Wimesses: General Partner \ Affiant's Signature int Name Sworn to an subscribed before.me on the _day of Affiant is p rsonally known to me or has produced as Identifi ation. Notary (Stamp/Seal) Commission Expires: City of Sunny Isles Beach 10 Planning and Zoning Department ,............,"'.........~ rlo a~Bd oJa~!nbS UOJJBS z~B~-ol rorezrerS6-WOJ:l 01: II BOOZ-OI-OI pa^!a~aH OWNERSmP AFFIDAVIT FOR TRUST ,!!iri Public Hearing No. signed authority, personally appeared / , hereinafter the Affiant7S), #0 being first duly sworn by me, on oath, eposes and says: 1. Affiant is the tros~~~ trost. at the following lid"" / !!iri' ~ ~ / 2. Affiant as trustee is authorized t file this apPIiC!l~ for a public hearing. 3. The trust owns the property, which the -r of the proposed hearing. 4. The subject property is legally describe} j / " 5. Affiant understands this affida,lis subject to ili~ena1ties of law for perjury and the possibility of voiding of any zaning granted at pu lic hearing. Witnesses: / ' (Trustee) Signature / \ Affiant's Signature Print Namy Signattmf / PrinttName Sworn to and~U scribed before me on the _day of Affiant is pers ally known to me or has produced as Identification. COmmission Expires: Public Hearing No: City of Sunny Isles Beach 11 Planning and Zoning Department ""'T'_ ,.."T'....~ .T",T T_""TT_.T__ ,-.,..... ..-; lilO aBed OJa+lnbS UOJJ1l8 2+11)/-01 VOVEZVEVli6-WOJ:l 0[:11 800Z-01-01 pa^!a:la~ RESPONsmILITIES OF THE APPLICANT PLEASE READ CAREFULLY BEFORE SIGNING I hereby acknowledge that I am aware that the Department of Environmental Resources Management (DERM) and the Miami-Dade County Fire Department (MDFD) will review and comment on all development applications. These comments sometimes include requirements for an additional public hearing before DERM Environmental Quality Control Board, (EQCB) the . preparation and execution of agreements to run with the land, which are recorded, prior to obtaining a building permit. I understand that is my responsibilities as the applicant or applicants representative to promptly follow through with the compliance of DERM and MDFD requirements or to advise this office in writing if the application will not go forward and may be considered withdrawn. Contact with the above-mentioned agencies is advised during the hearing process. Permit requirements: I also understand that the Florida Building Code, DERM and MDFD may contain requirements that affect my ability to obtain a required building permit for my project, even if the zoning application is approved at public hearing. I am. aware that a Building Permit is required for all construction and that l am responsible for obtaining the required permit, all required inspections, the Certificate of Use and Occupancy or Certificate of Completion for-any and all structures and additions whether proposed or existing without permits. Additionally I am aware a Certificate of Use and Occupancy must be obtained for the use of the property, if approved at a Zoning Hearing and that failure to obtain the required permits and/or Certificates of Completion. Use and Occupancy will result in the initiation of enforcement action against the occupant and owner. I further understand that submittal of Zoning Hearing application will not necessary forestall enforcement action against the property. Fees: I understand that the hearing fees paid at the time of filing may n be the total cost of the hearing and that I will be advised of any other fees that can be associate with the public hearing application. 19nature "JV Sm/C/~ /I7/J!'/ Print Name Notary: sw~ to and subscribed before me this 0 / day of /JerCl~ .t;L- , ,;rm 4 ~dtutJ 2JI~ ~ -ZELeNKA - t Public-~te of FlorI I~ \ NoIIrJ NIle . SIIII of Florida My commission expire, 'J);:Jj'/ Y,;/dl tJ ~J"Y""",-, _",,,.,.10 , / "'~1.OF ,,"0';./ Comlllls~l"" , DO 513700 """.." Bonded By NafIanaI Notary Assn. City of Sunny Isles Beach 12 Planning and Zoning Department ... -... - -... -... - - ---...... - . - - - - - - .. - . - - - 910 a~cd OJ9+!nbS UOJJCS z+e~-ol vOvEZvEv56-WOJ;j Ol:ll BOOZ-OI-Ol pa^!9:3911 DISCLOSURE OF INTEREST lithe property which is the subject of the application is owned or leased by a CORPORATION, list the principal stockholders and principal officers or stockholders consist of another corporation (s). trustee (s), partnership (s) or other similar entities, further disclosures shall be required which disclosures the identity of the individual (s) (natural persons having the ultimate ownership interest in the aforementioned entity). National Deli Co~poration Corporation Name Name. Address and Office Percentae:e of Stock Jerry's Famous Deli, Inc. 100%. If the property, which is the subject of the application., is owned or leased by a TRUSTEE, list the beneficiaries of the trust and the percentage of interest held by each. {Note: where the beneficiary (s) consist of corporation (s), another trust (8), partnership (8). or other similar entities, further disclosure shall be required which disclosures the identity of the individual (s), (natural persons) having the ultimate ownership interest in the aforementioned entity}. Trust Name Name and Address Percentae:e of Interest If the property, which is the subject of the application, is owned or lease by a P ARNERTSBIP or Lll\1ITED PARTNERSHIP, list the principals of the partnership, including general and limited partners. {Note: where the other similar entities, further City of Sunny Isles Beach 13 Planning and Zoning Department ---- ..--- ~ ..TnT T""n'\.TTn..Tn_ '~T .n......,.......rer.!' ~.T."'.",~ ....___ ._... ..__ .... LIO sHed OJSl!nbs uOJJes Zlex-O! VOVElVEVS6-WOJ:f OL:LL BOOl-Ol-OL pa^laoa~ disclosures shall be required which disclosures the identity of the individual (8) (natural person) having the ultimate ownership interest in the aforementioned entity}. PARTNERSHIP OR LIMITED PARTNERSHIP NAME NAME AND ADDRESS PERCENTAGE OF OWNERSHIP If there is a CONTRACT FOR PURCHASE, whether contingent on this application or not and whether a Corporation, Trustee or Partnership list the names of the contract purchasers below, including the principal officers, stockholders, beneficiaries or partners. {Note; where the principal officers, stockholders, beneficiaries or partners consist of another corporation, trust, partnership or other similar entities, further disclosure shall be required which discloses the identity of the individual (s) (natural persons) having the ultimate ownership interest in the aforementioned entity}. NAME NAME. ADDRESS AND OFFICE (if applicable) Percentage of Interest Date of Contract: If any contingency clause or contract terms involve additional parties. list all individuals or officers. if a corporation, partnership or trust. City of Sunny Isles Beach 14 Planning and Zoning Department ---- ..--~ a.Tn T T""'n'TY.......Tn_ "TT""-T .n&o....?..-&.nC' ~.T"''''' ft"r '"'___ .__ .__ . ,~ BlO a~ed OJal!nbS UOJJes z~e~-ol }'0}'EZ}'EVS6-WOJj 01:11 BOOZ-OI-OI pa^!a3a~ ADVERTISEMENT AND MAILING REQUIREMENTS Please be informed that there are two more steps that need to be taken by you prior to the public hearing to be heard. *First you need to submit the legal description of the property to a firm tha~ compiles the name and address from the County tax record of ail property owners within 30.0. feet radius of the subject property being heard by the City Commission. E~~eptioDs: The City will notify and solicit comments from adjacent jurisdictions and the School Board of any request for land use amendments, variances, conditional uses or site plan approvals which impact property within 500 feet of a public school or within 50.0 feet of the boundaries of an adjacent jurisdiction is to be serve as per the Intergovernmental Coordination Element (ICE) Objective 4 of the Comprehensive Master Plan. You can choose a firm from the list provided below or use another firm. The following are the names of several companies that you may want to use to obtain the required mailing labels and accompanying maps, legal description and certified letter. The City of Sunny Isles Beach does not claim responsibility for the accuracy or timely acquisition of the information provide by these companies. Carlos J. Madariaga Property Owners Data Research' Ph (305) 207.1412 Ray Hunt Florida Real Estate Decisions, IDe. Ph (305) 757-6884 Consuelo M. Quintana Real Estate Data Researcher 1111 S. W. 11th Avenue Ph: (305) 858-2287 Fx: (305) 859-2439 Hal Liebennan Logear Mailing Ph (305) 895.2492 . * After you receive the names of the property owners, the public hearing advertisement needs to be mailed. The City will provide a copy of the advertisement and envelopes for mailing. The applicant makes the necessary number of copies of the advertisement as required per number of mailing labels. The copies and envelopes are then mailed out. We have found that it is more cost efficient for the applicant to use a mailing house because they use bulk mail. The cost associated with getting the names of the owners and the use of the mailing house service are paid directly to the respective companies. All these steps need to be done at least 10 days prior to the public hearing date. If you have, any questions contact our office at (305) 792-1710. The following is the name of the mailing company that you may want to use, however the applicant can'mail their own public hearing notice or use another mailing company. City of Sunny Isles Beach 10 Planning and Zoning Department 610 a8ud OJa~!nbS UOJJU8 z~u~-ol ~0~EZ~ErS6-WOJ~ 0[: II BOOZ-OI-OI pa^!a~aH RECOVERY COST SCHEDULE FOR PLANNING AND ZONING SERVICES Recovery of costs of administrative review and processing for each category of application. Land Use Plan Amendment. .... ,.... ......... .... ...., .'.....,........ ......., .... ......$15.000.00 Rezoning............................ ............ ....,..... ..... ............ ............. ...$10.000.00 Site Plan Review (conditional uses. variances). .... ....................... ....... ....$10,000.00 Plat. . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . .. . . .... . . . . . . . . ... . . .. . . . . . . .. . . . .. .. . . .. . . . . . . . .. .. . . ... .$1 0,000.00 Transfer of Development Rights application. ...... ....... ... ........ ....... ....... ..$ 5,000.00 Minor amendments to site plan (no commission review). n........ .....'.. ...........$ 4.000.00 Request for encroachments. variances. etc. - single family....................... ...$ 2.500.00 Waiver of Plat / ROW vacation. $ 3,000.00 Appeals of Administrative Decisions..... .......................................... ...$ 3,000.00 Temporary Uses (except garage sales) bond required. ......... ... ............ .......$ 2,500.00 Review of Variance Request for Signs. ..... ....,... ............... .",................ ..$ 5,000.00 The City shall be reimbursed for Planning and Zoning services not categorized under this schedule in accordance with Ordinance 2001-132. PLANNING AND ZONING DEPARTMENT PERMIT FEE SCHEDULE The Planning and Zoning Department shall charge and collect fees for planning and zoning services for review of plans submitted to the Building Department in accordance with the following schedule: Signs, fences. swimming pools, additions......................................... .........$120.00 Residential Master.......;................................... ...... ......... ............. .....$250,00 Master permit for approved development thru Public Hearing....................... .$500.00 Trailer /Sales Office Permit.,..".... .... ,. ... .....,....... ,. ...,.., ,.... ..,...... ....., ....$300.00 Alcohol application review! Concurrency & Zoning verificatioilletters .. .......:.....$100.00 Waiver and Construction Hours.................:...................................... ....$ 75.00 Pre-Submittal Reviews...................,.......................................,..... ......$100.00 City of Sunny Isles Beach Planning and Zoning Department --..--..-..-- -... --.-- ---- 10/10/2008 10:37 FAX 9543423404 KMR CONSTRUCTION ~ 0011001 AFFIDAVIT FOR MAILING NOTICES HEARING NUMBER NAME OF APPLICATION I THE UNDERSIGNED INDIVIDUAL, DO HEREBY AFFIRM THAT ON THE DATE REFERENCED BELOW, THE NOTICES FOR THE AFOREMENTIONED PUBLIC HEARING NUMBER WERE RECEIVED FROM THE APPLICANT OR REPRESENTATIVE OF ABOVE MENTIONED HEARING. SAID NOTICES WERE POSTEMARKED AND MAILED THROUGH THE U.S.POSTAL SERVICE SIGNA11JRE . DATE City of Sunny Isles Beach rJ Planning and Zoning Department Received 10-10-2008 11 :22 From-9543423404 To-Katz Barron S~uitero Page 001 Parcel 2: Lots 1,2,3,4, and 5, SOUTH SHORE ESTATES, according to the Plat thereof, recorded in Plat Book 52, Page 69, of the Public Records of Miami-Dade County, Florida; AND That portion of the North 100 feet of the South 300 feet of Lot 2, ofT A TUM'S OCEAN PARK COMPANY'S SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 10, Page 64, in the Public Records of Miami-Dade County, Florida, lying West of the Westerly right-of-way line of Florida State Road AlA, more particularly described as follows: Beginning at the intersection of the North line of the North 100 feet of the South 300 feet of Lot 2, of TATUM'S OCEAN PARK COMPANY'S SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 10, Page 64, in the Public Records of Miami- Dade County, Florida, with the Westerly right-of-way line of Florida State Road AlA, as shown by Plat recorded in Plat Book 47, Page 101, of the Public Records ofMiami-D.ade County, Florida, said point being the Southeasterly corner of Lot I, of the subdivision of SOUTH SHORE ESTATES, as recorded in Plat Book 52, Page 69, in the Public Records of Miami-Dade County, Florida; thence West along the North line of the North 100 feet of the South 300 feet of Lot 2 of the aforesaid TATIJM'S OCEAN PARK COMPANY'S SUBDIVISION, for a distance of 402.15 feet to the Southwest comer ofLat 3 of said soum SHORE ESTATES SUBDMSION, which point is the Point of Beginning; thence continue West along the North line of the North 100 feet of the South 300 feet of Lot 2 of the aforesaid TATUM'S OCEAN P ARK COMPANY'S SUBDIVISION, for a distance of200 feet to a point, which point is the Southwest comer of Lot 5 of said SOUTH SHORE ESTATES SUBDMSION; thence South along the prolongation South of the line dividing Lots 5 and 6 of said SOUTH SHORE ESTATES SUBDMSION for a distance oflOO feet to a point on the South line of the North 100 feet of the South 300 feet of Lot 2 of said TAn1M'S OCEAN PARK COMPANY'S SUBDIVISION, East along the South line of the North 100 feet of the South 300 feet of Lot 2 of the aforesaid TATUM'S OCEAN PARK COMPANY'S SUBDMSION, for a distance of200 feet to a point, which point is 392.28 feet West of the Westerly right-of- way of the aforesaid Florida State Road AlA; thence North along the prolongation South of the line dividing Lots 3 and 4 of said SOUTH SHORE ESTATES SUBDIVISION, for a distance of 100 feet to the Point of Beginning of the parcel of land herein described, which point is the Southwest comer of Lot 3 of said SOUTH SHORE ESTATES SUBDMSION. Parcel 3: That portion ofthe North 100 feet of the South 300 feet of Lot 2, ofTATUM'S OCEAN PARK COMPANY'S SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 10, Page 64, in the Public Records of Miami-Dade County, Florida, lying West of the Westerly right-of-way line of Florida State Road AlA, more particularly described as follows: Beginning at the intersection of the North line of the North 100 feet of the South 300 feet of Lot 2, ofTATUM'S OCEAN PARK COMPANY'S SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 10, Page 64, in the Public Records of Miami- Dade County, Florida, with the Westerly right-of-way line of Florida State Road AlA, as shown by Plat recorded in Plat Book 47, Page 101, of the Public Records of Miami-Dade County, Florida, said point being the Southeasterly comer of Lot 1, of the subdivision of SOUTIl SHORE ESTATES, as recorded in Plat Book 52, Page 69, in the Public Records of Miami- Dade County, Florida; thence West along the North line of the North 100 feet of the South 300 feet ofLat 2 of the aforesaid TATUM'S OCEAN PARK COMPANY'S SUBDIVISION, for a distance of 402.15 feet to the Southwest comer of Lot 3 of said soum SHORE ESTATES SUBDIVISION, thence South along the prolongation South of the line dividing Lots 3 and 4 of said SOUTIl SHORE ESTATES SUBDMSION for a distance of 100 feet to a point on the South line of the North 100 feet of the South 300 feet of Lot 2 of said TATIJM'S SUBDMSION, thence East along the South line of the North 100 feet of the South 300 feet ofLat 2 of said TATUM'S SUBDIVISION for a distance of 3 92.28 feet to a point on the Westerly right-of-way line of the aforesaid Florida State Road A 1 A; thence Northeasterly along the Westerly right-of-way a distance of 100.48 feet to the Point of Beginning of the parcel ofland herein described. LEASE AGREEMENT TInS LEASE AGREEMENT is made by and between JERRY'S FAMOUS DEll, INC., a California corporation ("Lessor") and NATIONAL DEll CORPORATION, a Florida corporation ("Lessee"). WITNESSETII: That in consideration of the mutual covenants and agreements herein contained, it is agreed by and between Lessor and Lessee as follows: I. BASIC LEASE PROVISIONS AND DEFINITIONS: This Section I is an integral part of this Lease and all of the terms hereof are incorporated into this Lease in all respects. In addition to the other provisions which are elsewhere defined in this Lease, the following, whenever used in this Lease, shall have the meanings set forth in this Section, unless such meanings are expressly contradicted, limited or expanded elsewhere herein: (a) DATE OF LEASE: Asof SEl>T'r1BkJ, 2008 (b) LESSOR'S MAILING ADDRESS: 12711 Ventura Boulevard, Suite # 400 Studio City, California 91604 Attn: Guy Starkman (c) LESSEE'S MAILING ADDRESS: 12711 Ventura Boulevard, Suite # 400 Studio City, California 91604 Attn: Guy Starkman (d) GUARANTORS: None (e) DEMISED PREMISES: That certain land, as described on Exlnllit A attached hereto and made a part hereof. (f) LEASE 1ERMIRENEW AL OPTIONS C'tenn" or "term of this lease") (par. 3): five (5) years. The Commencement Date of the term of this Lease shall be the date on which Lessee first opens for business to the public. Lessee shall have the right to extend the term of this Lease for five (5) additional five (5) year periods upon the terms and conditions herein set forth. If Lessee shall exercise its right to so extend the term for any such period, the Minimum Rent during such option periods shall be as provided in Subsection 1 (g)(2) hereof. Lessee shall exercise such rights, if at all, by written notice to Lessor prior to the expiration of the original term of this Lease or the then current option period, as the case may be. (g) MINIMUM RENT (par. 4): (1) During the first (1st) lease year, Minimum Rent shall be in the amount of1WO HUNDRED FORTI TIIOUSAND ($240,000.00) DOLLARS per annum, payable in twelve (12) equal monthly installments, in advance, at the rate of TWENTY TIIOUSAND ($20,000.00) DOLLARS per month, together with applicable Florida sales and! or rent taxes thereon. Notwithstanding the foregoing, Tenant sban not be required to pay Minimum Rent until the fust day of the fifth month foUowing the Commencement Date. (2) On the first day of the second (2nd) lease year and annually at the commencement of each lease year thereafter, the Minimum Rent shall be inereased for the ensuing lease year in the same proportion that the CPI as herein defined C'Consumer Price Index for Urban Wage Earners and Clerical Workers (Revised Series) (CPI-W) Miami, Florida Region, All Items (1982-84 = 100)" issued by the Bureau of Labor Statistics of the United States Department of Labor in the Current Labor Statistics Section of the Monthly Labor Review (final publication only)), for the last month of the just expired lease year shall have increased in the aggregate over the said index figure for the month of the Commencement Date (which month shall be the "Base''). The Base shall be subtracted from the index. for the last month of the just expired lease year and the difference shall be divided by the Base to determine the percent of increase and the Minimum Rent shall be multiplied by the p=ent of increase and thereupon, the increase shall be added to the Minimum Rent to determine the adjusted Minimum Rent. In no event shall the annual rent ever be decreased. In the event that the Index shall cease to use the 1982-84 average of 100 as the basis of calculation, or if a substantial change is made in the terms or number of items contained in the Index, then the Index shall be adjusted to the figure that would have been arrived at had the change in the manner of computing the Index on the date of Lease not been altered. In the event that the Index shall be discontinued in whole or in part, or no longer published, Lessor shall substitute a comparable price index or formula and such substitute price index or formula shall have the same effect as if originally designated herein as the Index. Notwithstanding the foregoing provisions of this Section, the Minimum Rent shall not increase in any lease year by more than two (2%) percent over the Minimum Rent of the prior lease year. (h) PERMrITED USE (par. 9): The Lessee may use the Demised Premises for any lawful purpose. 2. DEMISED PREMISES: C:\Dooumalls and SCl%iap\ChristinJFDEUILoeal SettinplTemporary Internet FitoolCoD.cut.IESI8l.MRKS6F\lQ2287.DOC Lessor leases to Lessee and Lessee rents from Lessor the real property described and shown on Exhibit" A", together with the buildings, equipment and other improvements located thereon. It is expressly understood and agreed that the Demised Premises together with all buildings, equipment, structures and improvements thereon and any and all fixtures, accessories and utilities located therein or thereon, are delivered to Lessee and accepted by Lessee in an AS IS and WHERE IS condition and repair and that the Lessor makes no warranties, representations or guarantees of any kind, nature or sort, express or implied with respect to the Demised Premises, including but not limited to, any and all fixtures, equipment, improvements, accessories and utilities located in or upon the Demised Premises. 3. TERM/COMMENCEMENT DATE: The term of this Lease, shall be for the number of years in the Lease Term set forth in Section I (1) hereof, following the commencement thereof, unless sooner tenninated as hereinafter provided. 4. REli!: Lessee agrees to pay to Lessor during the Lease Term, without previous demand therefor and without any setoffi; or deductions whatsoever, the Minimum Rent, in advance, on the first day of each and every calendar month throughout the Lease Term. In the event the commencement date is other than the first day of a calendar month, the Fixed Minimum Rent (as well as all additional rents and charges reserved under this Lease) for the portion of the then current calendar month shall be prorated on the basis of a thirty (30) day month and shall be paid immediately on the Commencement Date. 5. NET LEASE/ADDITIONAL RENT: It is the intention of the parties that the rent herein specified shall be net to the Lessor in each year during the term of this Lease, that all costs, expenses and obligations of every kind relating to the Demised Premises which may arise or become due during the term of this Lease shall be paid by the Lessee, and that the Lessor shall be indemnified, defended, protected and held hannless by the Lessee from and against such costs, expenses and obligations. The rent shall be paid in equal monthly installments in advance on the first day of each calendar month during the term of this Lease, together with any and all applicable Florida sales and/or rent taxes thereon. 6. PAST DUE RENTS: If Lessee shall fail to pay any rents, additional rents or other charges characterized herein as additional rent within ten (10) days after notiee of past due, such unpaid amounts shall bear interest from the due date thereof to the date of payment at the rate of three (3%) percentage points over the "Prime Rate" announced by The Chase Manhattan Bank, N.A., provided however, that in no event shall such interest exceed the highest legal rate of interest chargeable. The provisions herein for late payment service charges shall not be eonstrued to extend the date for payment of any sums required to be paid by Lessee hereunder or to relieve Lessee of its obligation to pay all such sums at the time or times herein stipulated. Notwithstanding the imposition of such service charges pursuant to this paragraph, Lessee shall be in default under this Lease if any or all payments required to be made by Lessee are not made at the time therein stipulated and neither the demand nor collection by Lessor of such late payment service charges shall be construed as a cure for such default on the part of the Lessee. 7. PLACE OF PAYMENTS OR STATEMENTS: All payments required to be paid by Lessee to Lessor shall be made payable to the order of the Lessor or its designee, and all such payments and all statements and reports required to be rendered by Lessee to Lessor shall be delivered to the Lessor's mailing address, or at such other place as Lessor may from time to time designate in writing, without the necessity of any prior demand for the same. 8. LESSEE'S WORK: A. Any and all worle, repairs, improvements, fixturing and equipment shall be performed and installed by Lessee at its sole cost and expense, B, Lessee will perform Lessee's Work and construct the Demised Premises in good faith, diligently, and in compliance with all laws, free of constIUction liens. 9. USE OF PREMISES: Lessee shall use the Demised Premises solely for the purpose of conducting the Permitted Use as set forth in Section l(h) and in accordance with all laws, statutes and ordinances applicable thereto. 10. LAWS. PERMITS. LICENSES. WASTE. NUISANCE: Lessee shall, at its own expense and cost: (a) comply with all govemmentallaws, ordinances, orders and regulations affecting the Demised Premises now in force or which hereafter may be in force (including without limitation, all environmental laws and regulations); (b) apply for, secure, maintain in good standing and comply with aU licenses, permits and franchise agreements which are or may be required for the conduet by the Lessee of the Lessee's operations and/or business herein permitted to be conducted in the Demised Premises and to pay, if, as an when due, all license, permit and franchise fees and charges in eonnection therewith; (c) comply with and execute all rules, requirements and regulations of the Board of Fire underwriters, Lessor's insurance companies and other organizations establishing insurance rates; (d) not suffer, permit or commit any waste or nuisance; and (e) not conduct any auction, distress, fire or bankruptcy sale in or upon the Demised Premises. II. ASSIGNMENT AND SUBLETTING: Lessee shall not assign, sublet, mortgage or encumber this Lease, in whole or in part, or sublet all or any portion of the Demised Premises or assign this Lease or any part thereof without the prior written consent of the Lessor, whieh consent Lessor may unreasonably withhold. Notwithstanding anything contained in this Lease, Lessee may, without need for .._' ~ ',. '.----, . Lessor's consent, assign the Lease, transfer or sublet all or any part of the Premises: (a) to Lessee's parent corporation or 10 any affiliate, subsidill1Y, licensee or similarly related entity controlled by or under control of Lessee or Lessee's parent, or to ajoint venture in which Lessee, its parent corporation or any affiliate or subsidiary is a joint venture par1ner responsible for the conduct of the business in the Premises; (b) to any entity into which or with which Lessee or its parent may merge or to any corporation or other business entity or to any company which may result from a reorganization or consolidation by or with Lessee, or to which Lessee shall sell or transfer all or substantially all of its assets or all or substantially all of its corporate shares; or (c) to any party which will continue a groceI)' or restaurant use at the Premises. 12. INTENTIONALLY OMITTED. 13. REPAIRS: A. Lessor shall not be required to make any repairs or improvements of any kind or nature whatsoever upon or to the Demised Premises or the buildings or improvements thereon. B. Lessee agrees, at Lessee's own cost and expense, to keep and maintain the Demised Premises and the building and improvements located thereon and each and eveI)' part thereof in good orner, condition and repair and to make all repairs and replacements thereto and to the fixtures and equipment therein and the appurtenances thereto, including, without limiting the generality of the foregoing, roof, foundation, structure, exterior and interior windows and window frames, doors and door frames, entrances, storefronts, signs, showcases, floor coverings, exterior and interior walls, columns and partitions, floor slab and the electrical, heating, air conditioning, plumbing, sprinkler and sewerage systems, equipment, fixtures and facili. ties. ' C. Lessee agrees to make no alterations, improvements or additions in or to the Demised Premises, nor to install any equipment therein (other than trade fixtures) without, in each instance, obtaining Lessor's prior written approval thereof, which consent Lessor shall not unreasonably withhold. 14. FAILURE TO REPAIR: If Lessee (a) refuses to or neglects to make repairs required of Lessee by this Lease, or (b) if Lessor is required to make any repairs by reason of Lessee's negligent acts or omissions, Lessor shall have the right, but shall not be obligated, to make such repairs, on behalf of and for the account of Lessee. In such event, such work shall be paid for by Lessee as additional rent promptly upon receipt of a bill therefor. 15. COVENANT AGAINST LIENS: Notwithstanding any other provisions of this Lease, Lessor and Lessee expressly acknowledge and agree that the interest of Lessor in and to, or any part, including without limitation, the Demised Premises, shall not be subject to liens for any work, labor, services performed or materials supplied, or claimed to have been performed or supplied, or any other lien cognizable under Chapter 713, Florida Statutes (eollectively herein "Liens"), by Lessee, or Lessee's contractors, subcontractors (including sub-contractors), laborers and material suppliers supplying labor and/or material for the Demised Premises (collec- tively herein "Contractors"). Upon the execution of this Lease, Lessee acknowledges that Lessor, at Lessor's sole option and cost, may then or thereafter recorn among the Public Recorns of Dade County, Florida the Lease or short form thereof (to which Lessee shall joint in the execution, at LessoI's request), or such other memorandum in form and substance satisfactory to Lessor, in Lessor's sole discretion, setting forth the contents of this Section or any other matter for the puxpose of insulating the interest of Lessor from any and all such Contractor's Liens, without mitigating or otherwise affecting any other provisions of this Lease. Lessee hereby acknowledges that Lessor shall further be permitted to do or perform any act noccsSlll)' or appropriate, in LessoI's sole discretion, to prevent the filing of any Lien against the Demised Premises or any part thereof. In addition to the foregoing and not in lieu thereof, Lessee shall do all things neeessll1Y to prevent the filing of any Liens against the Demised Premises or the interest of Lessor or the interest of any mortgagees or holders of any deed of trust covering the Demised Premises or any ground or underlying lessors therein, if any, by reasons of any work, labor, services, or materials performed or supplied or claimed to have been performed or supplied to Lessee, or anyone holding the Demised Premises, or any part thereof, by, through or under Lessee. If any such Lien shall at any time be filed, Lessee shall cause the same to be vacated and cancelled of record within thirty (30) days after the date of the filing thereof. If any such Lien shall be filed notwithstanding the provisions of this Section, then, in addition to any other right or remedy of Lessor resulting from Lessee's said default, Lessor may, but shall not be obligated to, contest such Lien or vacate or release the same either by paying the amount claimed to be due or by procuring the release of such Lien by giving security or in such other manner as may be prescnDed by law. Lessee shall repay to Lessor, as additional rent hereunder on demand, all sums disbursed or deposited by Lessor pursuant to the foregoing provisions of this Section, including Lessor's costs and expenses and attorneys' fees incuncd in connection therewith. However, nothing contained herein shall imply any consent or agreement on the part of Lessor or mortgagees or holder of deeds of trust or any ground or underlying lessors, ifany, of the Demised Premises to subject their respective estates or interests to liability under any mechanics' or other lien law, whether or not the performance or the furnish- ing of such work, labor, services, or materials to Lessee or anyone holding the Demised Premises, or any part thereof, by, through or under Lessee, shall have been consented to by Lessor and/or any of such parties. 16. UTILITY CHARGES: Lessor shall not be liable in the event of any'interruption in the supply of any utilities. Lessee agrees that it will not install any equipment which will exceed or overload the capacity of any utility facilities and that if any equipment installed by Lessee shall require additional utility facilities, the same shall be installed at Lessee's sole cost and expense in accordance with plans and specifications to be approved in writing by Lessor. Lessee shall be solely respoOSl.ble for and shall promptly pay all charges for use or consumption for heat, air conditioning, sewer, water, gas, electricity or any other utility services, 17. TAXES: Lessee shall, in all instances, pay all real estate and personal property taxes, assessments and other govemmentallevies and charges, general and special, ordinary and extraordinll1Y, unforeseen as well as foreseen, of any kind and nature (including any interest on such assessments whenever the same are permitted to be paid in installments) which may .u . be imposed, levied, assessed or confumed by any taxing authorities or which may become due and payable out of or for, or which may become a lien or charge upon or against the whole, or any part, of the land, buildings and all other improvements now or at anytime during the term of this Lease constituting a part of the Demised Premises, or any taxes in lieu thereofand also all costs and fees (including attomeys' fees) incurred in contesting any such taxes, levies, charges or assessments and/or negotiating with the public authorities as to the same, all of which real estate and perlional property taxes, assessments, levies, charges, costs and fees are hereinafter collectively referred to as "Taxes". Lessor and Lessee shall have the right, but not the obligation, to contest the validity or amount of the Taxes by appropriate proceedings. If at any time during the term of this Lease, a tax or excise on rents or other tax on Lessee's consideration for occupancy of the Demised Premises, however descnoed (except any estate, inheritance, capital stock, capital gains, income (or any new taxes or amendments to existing taxes imposed in replacement thereof) or excess profits taxes imposed upon Lessor) is levied or assessed against Lessor by any taxing authority on account of Lessor's interest in this Lease or the rents and other charges expressly reserved hereunder, as a substitute in whole or in part, or in addition to, the Taxes hereinbefore described, Lessee agrees to pay Lessor, as additional rent hereunder, the amount of such tax or excise on rents, and other charges, but only to the extent of the amount thereof which is assessed or imposed as a direct result of Lessor's ownership of this Lease or the rentals reserved hereunder. In the event any sueh tax or excise on rents and other charges, or other tax, however descnoed, is levied and assessed directly against Lessee by any taxing authority on account of Lessee's interest in this Lease or the leasehold estate hereby created or the rents and other charges to be paid by Lessee hereunder, then Lessee shall be responsible therefor and agrees to pay the same before delinquency; or should any taxing authority require that any such tax or excise on rents and other charges, or other tax, however described, for which Lessee is responsible hereunder, be paid by Lessee, but collected by Lessor, for and on behalf of such taxing authority and from time to time forwarded by Lessor to such taxing authority, then the same shall be paid by Lessee to Lessor at such times as such taxing authority shall require and be collectible by Lessor and the payment thereof enforced in the same fashion as provided for the enforcement of payment of rents and other charges hereunder and for the purpose of enforcing payment thereof shall be deemed additional rent hereunder. Lessee at all times shall be responsible for and shall pay, before delinquency, all taxes assessed by and taxing authority against any personal property of any kind owned, installed or used by Lessee in or about the Demised Premises or the rents and other charges paid by Lessee hereunder. 18. INDEMNITY: A. Lessee shall indemnify, defend and protect Lessor and save Lessor harmless from suits, actions, damages, liability and expense in connection with loss of life, bodily or personal injUIy or property damage arising from or out of any occurrence in, upon or at or from the Demised Premises or the occupancy or the use by Lessee of the Demised Premises or any part thereof, or occasioned wholly or in part by any act or omission of Lessee, its agents, contractors, employees, servants, licensees, suppliers or concessionaires; and B. Lessee shall store its property in and shall occupy the Demised Premises at its own risk, and releases Lessor, to the full extent pennitted by law, from all claims of every kind resulting in loss of life, personal or bodily injUIy or property damage; and C. Lessor shall not be responsible or liable at any time for any loss or damage of Lessee's merchandise or equipment, fixtures or other personal property of Lessee or to Lessee's business; and D. Lessor shall not be responsible or liable to Lessee or to those claiming by, through or under Lessee for any loss or damage to either the person or property of Lessee that may be occasioned by or through the acts of omissions of persons occupying adjaeent, eonnecting or adjoining premises; and E. Lessor shall not be responsible or liable for any defect, latent or otherwise, in any building or strueture in, under, upon or through the Demised Premises or any of the equipment, machinery, utilities, appliances or apparatus therein or thereon nor sball it be responsible or liable for any injUIy, loss or damage to any person or to any property of Lessee or other person caused by or rc:suIting from bUISting, breakage, or by or from leakage, steam, running or the overflow of water or sewage in any part of the Demised Premises or for any injUIy or damages caused by or resulting from acts of God or the elements, or for any injUIy or damage caused by or resulting from any defect or negligence in the occupancy, construction, operation or use of any of the Demised Premises, building, maehinery, apparatus or equipment by any person or by or from the acts of negligence of any occupant of the Demised Premises. F. Lessee shall give prompt notice to Lessor in case of damage, fire or accidents on the Demised Premises or in the building thereon, or defects therein or in any fixtures or equipment G. In case Lessor shall, without fault on its part, be made a party to any litigation commenced by or against the Lessee, then the Lessee shall protect and hold the Lessor harmless and shall pay aJJ of said other parties' costs, expenses and reasonable attorney's fees. . H. No toxic or hazardous waste, substances or materials or other environmentally detrimental materials, including without limitation, asbestos and those toxic or hazardous waste substances or materials now or hereafter defined, listed or contemplated under Federal, State or local environmental or hazardous waste laws [collectively referred to hereinafter as "Hazardous or Toxic Subtances"] shall be used, stored or generated upon the Demised Premises or in connection with or arising out of the operation of Lessee's business upon the Demised Premises. Lessee shall immediately advise Lessor in writing of the existence, use, storage or disposition of any Hazardous or Toxic Substances in, upon, or under the Demised Premises, or the adjoining lands. Lessor shall have the right, but not the obligation, to enter the Demised Premises at all times to inspect for the presence of Hazardous or Toxic Substances. Lessee agrees that in the event Hazardous or Toxic Substances are found to exist in, upon or under the Demised Premises, Lessor may, in its sole discretion, require that Lessee, at Lessee's sole cost and expense, take all steps necessary to clean up, remove, decontaminate, detoxify, resolve or otherwise treat the Hazardous or Toxic Substances. In addition to the foregoing, in the event Hazardous or Toxic Substances are found in, upon or under the Demised Premises, Lessor or Lessor's agents, designees or employees sha1l have the right, but not the obligation, and without liability to Lessee for any loss or damage that may aCCNe to Lessee's stock or business by reason thereof. to take such actions as Lessor deems necesS8I)' or advisable, in its sole judgment, to clean up, remove, decontaminate, detoxify, resolve or otherwise treat, any such Hazardous or Toxic Substances. All costs and expenses incurred by Lessor in the exercise of any such rights shall be payable by Lessee upon demand. Lessee agrees to indemnify, defend and hold Lessor harmless from and against any and all losses, damages, claims, orders, decrees, judgments, expenses and costs (ineluding attorneys' fees), incurred by or . imposed upon Lessor or its mortgagees in connection with or arising out of (i) Lessee's breach of the covenants and obligations under this Section 18; or (n) the existence, use, storage, disposition, treatment or removal of any Hazardous or Toxic Substance in, upon or under the Demised Premises, or the adjoining lands. In no event shall the treatment or removal of Hazardous or Toxic Substances within the Demised Premises, or the adjoining lands constitute an eviction of Lessee, in whole or in part. 1. Each party shall also pay all costs, expenses and reasonable attorney's fees that may be ineurred or paid by the other party in enforcing the terms of this Lease. Notwithstanding anything contained in this Section 18, Lessor shall not be relieved of any liability for occurrenees resulting from the willful or negligent acts or omissions of the Lessor or resulting from the LessoI's failure to comply with its responsibilities under this Lease. The provisions of this Section 18 shall survive the termination of the Lease. 19. INSURANCE: Lessee agrees to secure and keep in full force and effect from and after the date Lessor delivers possession of the Demised Premises to Lessee and throughout the tcnn of this Lease at Lessee's sole cost and expense (with coverage to eommence at the time Lessee takes possession of the Demised Premises, or at the commencement of the term of this Lease, whichever occurs earlier): (a) Fire insurance with All-Risk coverage (and with vandalism and malicious mischief endorsements and special extended coverage) in an amount adequate to cover the full cost of replacement of all buildings and improvements in or upon the Demised Premises and adequate to cover the full cost of replacement of all fixtures, equipment and contents in the Demised Premises; (b) Comprehensive general liability insurance on an occum:nce basis with combined minimum single limits of liability in an amount of Three Million and No/I 00 ($3,000,000.00) Dollars, and Five Hundred Thousand ($500,000.00) Dollars with respect to damage to property; and (c) In the event Lessee fails to obtain or maintain the insurance required hereunder, Lessor may, at its option, obtain same and any costs incurred by Lessor in connection therewith shall be deemed additional rent to be paid by Lessee and payable as such; and (d) If the Lease be cancelled for the Lessee's default at any time while there remains outstanding any obligation from any insurance company to pay for damage or any part thereof, then the claim against the insurance company shall, upon the cancellation of the within Lease, be deemed immediately to be and become the absolute and unconditional property of the Lessor. 20. INSURED'S WAIVER, NOTICE: Any insurance procured by Lessee as herein required shall be issued in the name of Lessor. Lessor's mortgagees, and Lessee by a reputable and responsible company satisfactory to Lessor and licensed to do business in the State of Florida and shall contain endorsements that (a) such insurance may not be cancelled or amended with respect to Lessor without thirty (30) days written notice by registered mail to Lessor by the insurance company; (b) Lessee shall be solely responsible for payment of premiums and Lessor shall not be required to pay any premiums for such insurance. (c) Any insurance herein required to be procured by Lessee shall contain an express waiver of any right of subrogation by the insurance company against Lessor within ten (10) days of issuance of such policy by the insuranee eompany. The minimum limits of any insurance eoverage required herein shall not limit Lessee's liability under this Lease, including without limitation Section 18 hereof. 21. BANKRUPTCY. ASSIGNMENT. RECEIVERSHIP AND INSOLVENCY: A Lessee agrees that the continued oecupancy of the Demised Premises in the manner and upon the terms set forth in this lease are of a special importance to the commercial viability of the Demised Premises and, accordingly, agrees that in the event this lease is not cancelled and terminated as set forth in subSection (B) below following the occurrence of any of the contingencies therein described, then Lessee, and the trustee in bankruptcy or other representative of Lessee, or, in the event of an assignment, Lessee's assignee, shall, prior to the assumption of this lease by such representative or trustee or assignee, provide adequate assurance to Lessor. (i) of the source of rents and other consideration payable under this lease; (ii) that assumption or assignment of this lease will not breach substantially any provision in any other lease, financing agreement, or master agreement relating to the Demised Premises; (ill) of the continued use of the Demised Premises in accordance with the Permitted Use only; (iv) that the quality of goods to be sold in the Demised Premises will not decline; (v) that Lessee's suppliers of merchandise or goods for sale in the Demised Premises are willing to continue to furnish such merchandise and goods as are of the same quality and caliber as theretofore sold in the Demised Premises; (VI) of the source of funds necessary to pay for Lessee's merchandise and goods to be sold in the Demised Premises, all on a current basis; and (vii) of such other matters as Lessor may reasonably require at the time of such assumption or assignment. Lessee agrees that the furnishing of assurances in accordance with the foregoing or as may be directed by a court of competent jurisdiction shall not be deemed to waive any of the covenants or obligations ofLessce set forth in this lease. In the event that any person assuming this lease or taking the same by assigoment shal1 desire to make alterations to the Demised Premises, Lessor may further require adequate assurance, by lien and completion bond, cash deposit or such other means as Lessor may approve, of the source of payment for the estimated cost of any work to be performed in connection therewith, and Lessor may require the delivery prior to the commencement thereof of waivers of lien from all contractors, subcontractors, laborers or material suppliers engaged 10 perform such alterations or to supply materials therefor. Notwithstanding the foregoing, such alterations shall be subject in all respects to the rights and obligations of Lessor and Lessee hereunder relating to such alterations. B. If at any time after the Date of Lease (whether prior to the commen=ent of or during the term of this lease (i) any proceedings in bankruptcy, insolvency or reorganization shall be instituted against Lessee pursuant to any Federn1 or State law now or hereafter enacted, or any receiver or trustee shall be appointed of all or any portion of Lessee's business or property, or any execution or attachment shall issue against Lessee or any of Lessee's business or property or against the leasehold estate created hereby, and any of such proceedings, process or appointment be not discharged and dismissed within thirty (30) days from the date of such filing, appointment or issuance; or (ii) Lessee shall be adjudged a bankrupt or insolvent, or Lessee shall make an assignment for the benefit of creditors, or Lessee shall file a voluntary petition in bankruptcy or petitions for (or enters into) an arrangement for reorganization, composition or any other arrangement with Lessee's creditors under any Federn1 or State law nor or hereafter cnactcd, or this lease or the estate of Lessee herein shall pass to or devolve upon, by operation of law or othelWise, anyone other than Lessee (except as herein provided), the occurrence of anyone of such contingencies shall be deemed to constitute and shall be construed as a repudiation by Lessee ofl.essee's obligations hereunder and shall cause this lease ipso facto to be cancelled and terminated effective as soon as permitted by then applicable law without thereby releasing Lessee; and upon such termination Lessor sbal1 have the immediate right to re-enter the Demised Premises and to remove all persons and property therefrom and this lease shall not be treated as an asset of Lessee's estate and neither Lessee nor anyone claiming by, through or under Lessee by virtue of any law or any order of any court shall be entitled to the possession of the Demised Premises or to remain in the possession thereof. Upon the termination of this lease, as aforesaid, Lessor sbal1 have the right to retain as partial damages, and not as a penalty, any prepaid rents and Lessor shall also be entitled to exercise such rights and remedies to recover from Lessee as damages such amounts as arc specified in Section 22 hereof, unless any statute or rule of law governing the proceedings in which such damages are to be proved shall lawfully limit the amount of such claims capable of being so proved, in which case Lessor shall be entitled to recover, as and for liquidated damages, the maximum amount which may be allowed under any such statute or rule of law. 22. DEFAULT: A. If this Lease be assigned or the Demised Premises be sublet, either voluntarily or by operation of law, except as herein provided, or if Lessee shall fail (i) to pay, within five (5) days, when due, any rental or other sum payable hereunder; or (ii) to keep, observe or perform any of the other terms, covenants and conditions herein to be kept, observed and performed by Lessee for more than fifteen (15) days after written notiee shall have been sent to Lessee specifying the nature of such default (or such greater length of time as may be reasonably required to cure such default provided that within sueh fifteen (15) day period Lessee has commenced and thereafter diligently continues steps to cure the default); then and in anyone or more of such events are not timely cured (herein sometimes referred to as an "Event of Default"), Lessor shall have the immediate right to re-enter the Demised Premises, either by summary proceedings, by force or otherwise and to dispossess Lessee and all other occupants therefrom and remove and dispose of all property therein or, at Lessor's election, to store such property in a public warehouse or elsewhere at the cost and for the account oflessee, all without service of any fwther notice of intention to re-enter and with or without resort to legal process (which Lessee hereby expressly waives) and without Lessor being deemed guilty of trespass or becoming liable for any loss or damage which may be occasioned thereby. Upon the occurrence of any such Event of Default, Lessor shall also have the right, at its option, in addition to and not in limitation of any other right or remedy, to terminate Ibis Lease by giving Lessee a written three (3) days' notice of cancellation and upon the expiration of said three (3) days, this Lease and the term hereof shall end and expire as fully and completely as if the date of expiration of such three (3) day period were the date herein definitely fixed for the end and expiration of this Lease and the term hereof and thereupon, unless Lessor shall have theretofore elected to re-enter the Demised Premises, Lessor shall have the immediate right of re-entIy, in the manner aforesaid, and Lessee and all other occupants shall quit and surrender the Demised Premises to Lessor, but Lessee shall remain liable as hereinafter provided; however, that if Lessee sbal1 default (1) In the timely payment of any rental or other sum payable hereunder and any such default shall continue or be repeated for three (3) consecutive months, or for a total offive (5) months in any period of twelve (12) months, or (2) in the perfonnance of any other covenants oflbis Lease more than six (6) times, in the aggregate, in any period of twelve (12) months, then, notwithstanding that such defaults sbal1 have been cured within the period after notice as above provided, any further default shall be deemed to be deliberate and Lessor thereafter may serve said written three (3) day notice of cancellation without affording to Lessee an opportunity to cure such fwther default. B. Ifby reason of the occurrence of any such Event of Default, the term of this Lease shall end before the date therefor originally fixed herein, or Lessor shall re-enter the Demised Premises, or Lessee shall be ejected, dispossessed, or removed therefrom by summary proceedings or in any other manner, Lessor at any time thereafter may, in Lessor's sole discretion, relet the Demised Premises, or any part or parts thereof, either in the name of Lessor or as agent for Lessee, for a term or terms which, at Lessor's option, may be less than or exceed the period of the remainder of the term hereof or which otherwise would have constituted the balance of the term of this Lease and grant concessions or free rent. Lessor shall receive the rents from such relening and shall apply the same, first, to the payment of any indebtedness other than rent due hereunder from Lessee to Lessor; second to the payment of such reasonable expenses as Lessor may have incurred in connection with re- entering, ejecting, removing, dispossessing, reJetting, altering, repairing, redecorating, subdividing, or otherwise preparing the Demised Premises for relening, including reasonable brokemge and attomey's fees; and the residue, if any, Lessor shall apply to the fuJfilIment of the terms, covenants and conditions of Lessee hereunder and Lessee hereby waives all claims to the swplus, if any. Lessee shall be and hereby agrees to be liable for and to pay Lessor any deficiency between the rent, additional rents and other charges reserved herein and the net avails, as aforesaid, of relening, if any, for each month of the period which other- wise would have constituted the balance of the term of this Lease, Lessee hereby agrees to pay such deficiency on an accel- erated basis or at Lessor's sole option, in monthly installments on the rent days specified in this Lease, and any suit or pro- ceeding brought to collect the deficiency for any month, either during the term of this Lease or after any termination thereof; shall not prejudice or preclude in any way the rights of Lessor to collect the deficiency for any subsequent month by a simi1ar suit or proceeding. Lessor shall in no event be liable in any way whatsoever for the failure to relet the Demised Premises or, in the event of such reletting, for failure to collect the rents reserved thereunder. Lessor is hereby authorized and empowered to make such repairs, alterations, decorations, subdivision or other preparations for the reletting of the Demised Premises as Lessor shall deem fit, advisable and necessary, without in any way releasing Lessee from any liability hereunder, as aforesaid. Lessor shall have a valid and subsisting lien for the payment of all rentals, charges and other sums to be paid by Lessee and reserved hereunder (including all costs and expenses incurred by Lessor in recovering possession of the Demised Premises and the reletting thereof as provided under this Section, which shall be deemed to be rent) upon Lessee's goods, merchandise, inventory, accounts, wares, equipment, signs, fixtures, furniture and other personal property situated in the Demised Premises ("Lien Property"), and such property shall not be removed therefrom without the prior written consent of Lessor until the arrcarages in rent as well as any and all other sums of money then due to Lessor hereunder shall have first been paid and dischllrged. Lessee agrees and acknowledges that this Lease also serves as a security agreement under Article 9 (F.S. 679 g gg.) of the Uniform Commercial Code to impose a lien upon the Lien Property to secure the payment of all rentals charges and other sums to be paid by Lessee and reserved hereunder and Lessee agrees to execute, acknowledge and deliver to Lessor such financing statements and other instruments as Lessor may request in order to commemorate the foregoing within ten (10) days after Lessor's request therefor. Lessee empowers Lessor as Lessee's attorney-in-fact, coupled with an interest, irrevocably and with power of substitution to execute and file, to the extent permitted by law from time to time in effect during the term of this lease, any financing statement, any amendment thereto or any continuation statement which Lessor may deem necessary to per- fect, protect or enforce the foregoing provisions. Upon the occurrence of an Event of Default by Lessee, Lessor may, in addition to any other remedies provided herein or by law, enter upon the Demised Premises and take possession of any and all goods, merchandise, inventory wares, equipment, signs, fixtures, furniture and other personal property of Lessee situated in the Demised Premises without liability for trespass or conversion, and sell the same with or without notice at public or private sale, with or without having such property at the sale, at which Lessor or its assigns may purchase, and apply proceeds thereof, less any and all reasonable expenses connected with the taking of possession and the sale of the property, as a credit against any sums due by Lessee to Lessor. Any surplus shall be paid to Lessee, and Lessee agrees to pay any deficiency forthwith, after demand. Lessor, at its option may foreclose said lien in the manner provided by law. The lien herein granted to Lessor shall be in addition to any Lessor's lien that may now or at any time hereafter be provided by law. C. No such re<ntry or taking possession of the Demised Premises by Lessor shall be constIUed as an election on its part to terminate this Lease unless a written notice of such intention be given to Lessee or unless the termination thereof shall result as a matter of law or be decreed by a court of competent jurisdiction. Notwithstanding any such reletting without termination, Lessor may at any time thereafter elect to terminate this Lease for such previous breach or default. D. In the event this Lease is terminated pursuant to the foregoing provisions of this Section or terminates pursuant to the provisions of this Section, Lessor may recover from Lessee all damages it may sustain by reason of Lessee's default, including the reasonable cost of recovering the Demised Premises and reasonable attorney's fees and upon so electing and in lieu of the damages that may be recoverable under subdivision (B) above, Lessor shaIl be entitled to recover:from Lessee, as and for Lessor's damages, an amount equal to the difference between the Minimum Rent, additional rents (including taxes and insurance) and other charges reserved hereunder for the period which othenvise would have constituted the balance of the term of this Lease and the then present rental value of the Demised Premises for such period, both discounted at the rate of four (4%) percent per annum to present worth, all of which shall immediately be due and payable by Lessee to Lessor. In detennining the rental value of the Demised Premises the rental realized by any reletting, if such reletting be accomplished by Lessor within a reasonable time after the termination of this Lease, shall be deemed prima facie to be the rental value, but if Lessor shall not undertake to relet or having undertaken to relet, has not accomplished reletting, then it will be conclusively presumed that the rents reserved under this Lease represent the rental value of the Demised Premises for the purposes hereof (in which event Lessor may recoVer :from the Lessee, the full total of all rents and additional charges due hereunder, discounted to present value as hereinbefore provided). Lessor shall be obliged, however to account to Lessee for the Minimum Rent and additional rents received from persons using or occupying the Demised Premises during the period representing that which would have constituted the balance of the term of this Lease, but only at the end of said period and only if Lessee shall have paid to Lessor its damages as provided herein, and, only to the extent of sums recovered :from Lessee as Lessor's damage, the Lessee waiving any claim to any surplus. Nothing herein contained, however, shall limit or prejudice the right of Lessor to prove and obtain as damages by reason of such termination, an amount equal to the maximum allowed by any statute or rule of law in effect at the time when, and governing the proceedings in which, such damages are to be proved, whether or not such amount be greater, equal to, or less than the amounts referred to in this Section. E. In the event of any breach or threatened breach by Lessee of any of the terms and provisions of this Lease, Lessor shall have the right to injunctive relief as if no other remedies were provided herein to such breach. F. The rights and remedies herein reserved by or granted to Lessor are distinct, separate and cumulative, and the exercise of anyone ofth.em shall not be deemed to preclude, waive or prejudice Lessor's right to exeroise any or all others. G. If Lessee shall default hereunder prior to the date fixed as the commencement of any renewal or extension of this Lease, if any, whether by a renewal option herein contained or by separate agreement, Lessor may cancel such option or agreement for renewal or extension of this Lease, upon two (2) days written notice to Lessee. H. In the event that Lessor should bring suit for the possession of the Demised Premises, for the recovery of any sum due hereunder, or because of the breach of any covenant of this Lease, or for any relief against Lessee, declaratory or otherwise, or should Lessee bring any suit for any relief against Lessor, declaratory or othenvise, arising out of this Lease, the prevailing party shall recover :from the other party, costs, expenses and reasonable attorney's fees that the prevailing party may have incurred in connection therewith at all levels of proceedings. I. Lessee agrees that the venue and/or jurisdiction for any legal aetions brought by Lessor pursuant to this Section shall be in Miami-Dade County, Florida. 1. THE PARTIES HEREBY WAIVE TRIAL BY mRY IN ANY ACTION, PROCEEDING OR COUNI'ERCLAIM BROUGHT BY EITHER PARTY AGAINST THE OTIIER ON ANY MATfER. WHATSOEVER ARISING OUT OF OR IN ANY WAY CONNECTED WITH TInS LEASE, THE RELATIONSHIP OF LESSOR AND LESSEE CREATED HEREBY, THE LESSEE'S USE OR OCCUPANCY OF THE DEMISED PREMISES, AND/OR ANY CLAIM FOR INmRY OR DAMAGE. K. In the event Lessor commences any action or proceeding for non-payment of rent, additional rents or other charges due hereunder, Lessee agrees not to interpose any pennissive (i.e., non-compulsory) counterolaim of any nature or de- scription in any such action or proceeding, The foregoing, however, shall not be construed as a waiver of Lessee's right to assert such claim in a separate action or proceeding instituted by Lessee. 23, DESTRUCfION: If the Demised Premises shall be damaged, in whole or in part, by fire or other casuaIty insured under Lessee's insurance policies, then upon Lessee's receipt of the insurance proceeds, Lessee shall. except as otherwise provided in the Lease, 'immediately repair and restore the same substantially to the condition thereof immediately prior to such damage or destruction. Lessee shall also repair, restore or replace Lessee's trade fixtures, personal property, decorations, signs and contents in or upon the Demised Premises in a manner and to at least a condition equal to that existing prior to their damage or destruction. The proceeds of all insurance carried by Lessee on said property shall be delivered by the insurer to the Lessor to be held in trust by Lessor for the purposes of paying for such repair, restoration or replacement to be made by Lessee. Lessee shall not be entitled to and hereby waives all claims against Lessor for any compensation or damage for loss of use of the whole or any part of the Demised Premises and/or for any inconvenience or annoyance oCCllSioned by any such damage, destruction, repair or restoration. 24. CONDEMNATION: A. Total: If the whole of the Demised Premises or such part hereof as will render the remainder untenantable shall be acquired or taken by eminent domain for any public or quasi public use or purpose or by private purchase in lieu thereof, then the Lease and the tenD thereof shall automatically cease and terminate as of the date of title vesting in such proceeding. B. Partial: (i) If any part of the Demised Premises shall be taken and such partial taking shall render that portion not so taken unsuitable for the purposes for which the Demised Premises were leased, or (ii) if more than one.fourth (l/4th) of the existing parlcing spaces are so taken, then Lessor and Lessee shall each have the right to terminate the Lease by written notice given to the other within sixty (60) days after the date of title vesting in such proceeding. If any part of the Demised Premises shall be so taken and the Lease shall not be terminated, as aforesaid, then the Lease and all of the terms and provisions thereof shall continue in full force and effect except that the Minimum Rent shall be thereafter reduced in the same proportion that the remaining leasable area of the Building upon the Demised Premises bears to original leasable area of of the Building, C. As used herein, the amount received by Lessor shall mean that portion of the award in condemnation received by Lessor from the condemning authority which is free and clear of all prior claims or collections by the holders of any mortgages or deeds of trust or any ground or underlying lessors. D. If the Lease is terminated as provided in this Section, all rents shall be paid by Lessee up to the date that possession is so taken by public authority and Lessor shall make an equitable refund of any rents paid by Lessee in advance and not yet earned. E. All damages or compensation awarded or paid for any such taking, whether for the whole or a part of the Demised Premises or any part of the buildings or improvements thereon, shall belong to and be the property of Lessor without any participation by Lessee, whether such damages or compensation shall be awarded or paid for diminution in value of the fee or in the leasehold estate created hereby, and Lessee hereby expressly waives and relinquishes all claims to such award or compensation or any part thereof and of the right to participate in any such condemnation proceedings against the Lessor; provided, however, that nothing herein contained shall be construed to preclude Lessee from prosecuting any e1aim directly against the condemning authority, but not against Lessor, for the value of or damages to and/or for the cost of removal of Lessee's movable trade fixtures and other personal property which under the terms of the Lease would remain Lessee's property upon the expiIlltion of the term of this Lease, as may be recoverable by Lessee in Lessee's own right, or for other such claims separately cognizable to Lessee, provided further that no such claim shall diminish or otherwise adversely affect LessOl's award. Each party agrees to execute and deliver to the other all instruments that may be required to effectuate the provisions of this Section. 25, ACCESS TO PREMISES: Lessor shall have the right to enter the Demised Premises during normal business hOlUS to inspect or to exhibit the same to prospective purchasers, mortgagees, lessees and tenants and to make such repairs, additions, alterations or improvements Lessor may deem reasonably necessary. Lessor shall be allowed to take all material into and upon said Demised Premises that may be required theretofore without the same constituting an eviction of Lessee in whole or in part and the rents reserved shall not abate while said work is in progl'CSS by reason ofloss or intemJption of Lessee's business or otherwise and Lessee shall have no claim for damages. If Lessee shall not be personally present to permit an entry into said premises when for any reason an entry therein shall be permissible, Lessor may enter the same by a master key or by the use of force without rendering Lessor liable therefor and without in any manner affecting the obligations of this Lease. The provisions of this Section shall not be construed to impose upon Lessor any obligation whatsoever for the maintenance or repair of the building or any part thereof. During the six (6) months prior to the expiration of this Lease or any renewal term, Lessor may place upon the Demised Premises signs indicating that the Demised Premises are available for rent or sale, which Lessee shall permit to remain thereon. 26. SUBORDlNATION: This Lease is subject and subordinate to each and every mortgage, deed ofuust and/or ground lease which may now or hereafter affect the Demised Premises (collectively referred to as a "Mortgage") , and to all renewals, extensions, supplements, amendments, modifications, consolidations and replacements thereof or thereto, substitutions therefor, and advances made under a Mortgage. This clause shall be self-operative and no further instrument of subordination shall be required to make the interest of any holder of a Mortgage superior to the interest of Lessee hereunder. Lessee covenants and agrees that, except as expressly provided, Lessee shall not do anything that would constitute a default under any Mortgage, or omit to do anything that Lessee is obligated to do under the terms of this lease so as to cause Lessor to be in default under any Mortgage. If at any time prior to the expiration of the term hereof. the Demised Premises are sold or a mortgagee receives possession or control of the Lessor's interest hereunder, then Lessee agrees, at the election and upon demand of Lessor, or any such owner or mortgagee in possession, to attorn, from time to time, to any such owner lessor or mortgagee, upon the then executo!)' terms and conditions of this Lease, for the remainder of the term originally demised in this Lease, provided that such owner, lessor or mortgagee, as the case may be, or receiver caused to be appointed by any of the foregoing, shall then be entitled to possession of the Demised Premises. The provisions of this subsection shall inure to the benefit of Lessor or a mortgagee, and shall be se1f-operative upon any such demand, and no further instrument shall be required to give effect to said provisions. Lessee, however, upon demand of Lessor or a mortgagee, agrees to execute, from time to time, instruments in confirmation of the foregoing provisions of this subsection, satisfactory to Lessor or mortgagee, acknowledging such attornment and setting forth the terms and conditions of its tenancy, Lessee hereby irrevocably constitutes and appoints Lessor as Lessee's attorney-in- fact to execute any such certificates for and on behalf of Lessee. Nothing contained in this subsection Shall be construed to impair any right otherwise exercisable by Lessor or a mortgagee. 27. OUIET ENJOYMENT: Lessee, upon paying the rents and performing all of the terms on its part to be performed, shall peaceably and quietly enjoy the Demised Premises subject, nevertheless, to the terms of this Lease and to any mortgage or agxeements to which this Lease is subordinated. 28. INTENTIONAlLY OMITTED. 29. END OF TERM: At the expiration of this Lease, Lessee shall surrender the Demised Pn:mises broom clean and in the same condition as it was in upon the completion of the Lessee's Worle, reasonable wear and tear and renovations as herein contemplated excepted, and shall deliver all keys and combinations to locks, safes and vaults to Lessor. Within thirty (30) clays of surrendering said premises, Lessee Shall remove all its personal property and equipment, and at Lessor's election, all trade fixtures, alterations, additioDS and decorations, and shall repair any damage caused thereby. Lessee's obligations to perform this provision Shall survive the end of the term of this Lease. 30. HOLDING OVER: Any holding over after the expiration of this teo:n or any renewal tenn shall be construed to be a tenancy from month to month at the rents herein specified (prorated on a monthly basis) and shall otherwise be on terms herein specified so far as applicable. In the event such holding over is without the written consent of Lessor, Lessee shall be obligated to pay double the monthly rent and charges set forth herein, 31. NO WAIVER: Failure of Lessor to insist upon the strict performance of any provision or to exercise any option or any rules and regulations shall not be construed as a waiver for the future of any such provision, rule or option. The receipt by Lessor of rent with knowledge of the breach of or default under any provisions of this Lease shall not be deemed a waiver of such breach or default No provision of this Lease shall be deemed to have been waived by Lessor unless such waiver is in writing signed by Lessor. No payment by Lessee or receipt by Lessor of a lesser amount than the monthly rent shall be deemed to be other than on account of the earliest rent then unpaid nor shall any endorsement or statement on any check or any letter accompanying any check or payment as rent be deemed an accord and satisfaction and Lessor may accept such check or payment without prejudice to Lessor's right to recover the balanee of such rent or pursue any other remedy provided in this Lease or under the laws of the State of Florida. 32. RELATIONSHIP OF PARTIFS: Nothing contained in this Lease shall be deemed to constitute or be construed to create the relationship of principal and agent, partnership, joint venturers or any other relationship between the parties hereto, other than the relationship of Lessor and Lessee. 33. NOTICES: Any notice, demand, request or other instrument which may be or are required to be given under this Lease shall be delivered in person or sent by United States Certified or Registered Mail, postage prepaid, or by overnight courier such as Federal Express, and shall be addressed: (a) if to Lessor at the address hereinabove given; and (b) if to Lessee, at the Demised Premises. Either party may designate such other address as shall be given by written notice, Any notice mailed in accordance herewith shall be deemed received three (3) business clays from the date of mailing. 34. RECORDING: Lessee shall not record this Lease or a memorandum thereof without the prior written consent of Lessor. 35. PARTIAL INVALIDITY: If any provision of this Lease or application thereof to any person or circumstance to any extent be invalid, the remainder of this Lease or the application of such provision to persons or circumstances other than those as to which it is held invalid shall not be affected thereby and each provision of this Lease shall be valid and enforced to the fullest extent permitted bylaw. 36. BROKERAGE: Lessor and Lessee each represent and warrant to the other that neither has had any dealings with any p=n, fum, broker or finder in connection with the negotiation of this Lease and no other broker or other person, firm or entity is entitled to any commission or finder's fee in connection with this transaction, except for the Broker. Lessor and Lessee do each hereby indemnify, defend, protect and hold the other hannless from and against any costs, expenses or liability for compensation, commission or charges which may be claimed by any broker, finder or other similar party by reason of any actions of the indemnifying party. Lessor agrees to pay to Broker the commission for its services in accordance with a separate agreement between Lessor and the Broker. 37. PROVISIONS BINDING. ETC.: Except as olbenvise expressly provided, all provisions herein shall be binding upon and shall inure to the benefit of the parties, their legal representatives, successors and assigns, Each provision to be performed by Lessee shall be construed to be both a covenant and a condition, and if there shall be more than one Lessee, they shall all be bound jointly and severally, by these provisions. In the event of any sale of the Demised Premises or this Lease, Lessor shall be entirely relieved of all obligations hereunder. 38. ENTIRE AGREEMENT. ETC.: This Lease and the Exhibits and Riders, if any attached, set forth the entire agreement between the parties. Any prior conversations or writings are merged herein and extinguished. No subsequent amendment to this Lease shall be binding upon Lessor or Lessee unless reduced to writing and signed. Submission of this Lease for examination does not constitute an option for the Demised Premises and becomes effective as a lease only upon execution and delivery thereof by both Lessor and Lessee. If any provision contained in a rider is inconsistent with the printed provision of this Lease, the provision contained in said rider shall supersede said printed provision. The captions, numbers and index appearing herein are inserted only as a matter of convenience and are not intended to define, limit construe or describe the scope or intent of any paragraph, nor in any way affect this Lease, 39. DEFINITIONS: The term "Lessor" as used in this Lease shall mean only the owner or the mortgagee in possession for the time being of the land and building (or the owner of a lease of the building) of which the Demised Premises forms a part, so that in the event of any sale or sales of said land and building, or of the underlying lease or ground lease thereof, or in the event of a lease of said building, Lessor shall be and hereby is entirely freed and relieved of all covenants and obligations on its part to be performed hereunder, and it sha11 be deemed and construed without further agreement between the parties or their successors in interest or between the parties and the purchaser at any such sale, or the said Lessee of the building, that the purchaser or the Lessee of the building has assumed and agreed to carry out any and all covenants and obligations of Lessor hereunder. 40. ESTOPPEL CERTIFICATE BY LESSEElFINANCIAL STATEMENTS: A From time to time, within ten (10) days next following Lessor's request, Lessee shall deliver to Lessor a written statement executed and acknowledged by Lessee in form satisfactory to Lessor (a) stating that this Lease is then in full force and effect and has not been modified (or if modified, setting forth all modifications), (b) setting forth the date to which the Minimum Rent, additional rent and other charges hereunder have been paid, (c) stating whether or not, to the best knowledge of Lessee, Lessor is in default under this Lease, and, if Lessor is in default, setting forth the specific nature of all such defaults, (d) certifying that Lessee has accepted possession of the Demised Premises, and (e) as to any other matters requested by Lessor. B, Lessee shall deliver to Lessor within thirty (30) days from the end of each calendar year financial statements (including, without limitation, balance sheets, profit and loss statements and financial net worth statements) of the Lessee as of December 31 of the just expired calendar prepared in accordance with generally accepted accounting principles and certified by the Lessee to be true, complete and correct. 41. LIMITATION OF LIABILITY: Lessee shall look solely to Lessor's interest in the Demised Premises for the satisfaction of any judgment or decree requiring the payment of money by Lessor, based upon any default under this Lease, and no other property or asset of Lessor shal1 be subject to levy, execution or other enforcement procedure for the satisfaction of such judgment or decree. 42, CAPTIONS AND HEADINGS: Captions and Article headings contained in this Lease are for convenience and reference only and in no way define, describe, extend or limit the scope or intent of this Lease nor the intent of any provision hereof. 43. COUNTERPARTS: This Lease may be executed in one or more counterparts, each of which shall be deemed to be an original but all of which shall constitute one and the same agreement. 44. GENDER: All tenns and words used in this Lease, regan:1less of the number and gender in which used, shall be deemed to include any other gender or number as the context or the use thereof may require. 45, INTERPRETATION: This Lease sha1l not be construed more strictly against one party than against the other merely by virtue of the fact that it may have been prepared by counsel for one of the parties, it being recognized that both Lessor and Lessee have contributed substantially and materially to the preparation of this Lease. Wherever used in this Lease, ~ means "any and all"; "include" and "including" each are without limitation; "indemnifv" means that the indemnitor will defend, indemnify and hold the indemnitee harmless against any claims, demands, losses or liabilities asserted against or incurred by, the indemnitee to any third party because of the subject matter of the indemnity; "mav not" and other negative forms of the vezb "may" each are prolnbitory; and "will". ~, ~ each are mandatoxy, Unless this Lease expressly or necessarily requires otherwise (i) any time period measured in "days" means consecutive calendar days, except that the expiration of any time period measured in days that expires on a Saturday, Sunday or legal holiday automatically will be extended to the next day so that it is not a Saturday, Sunday or legal holiday; (ii) any action is at the sole expense of the party required to take it; (ill) the scope of any indemnity includes any costs and expenses, including reasonable attorneys' fees, incurred in defending any indemnified claim, 10 'or in 'enforcing the indemnity, or both. 46. TIME OF THE ESSENCE: Time is of the essence of this Agreement. 47. CORPORATE LESSEE: If Lessee is or will be a corporation, the persons executing this Lease on behalf of Lessee hereby covenant, represent and wammt that Lessee is a duly incorporated or a duly qualified (if a foreign coxporation) COlpOration and authorized to do business in the State of Florida; and that the person or persons executing this Lease on behalf of Lessee is an officer or are officers of such Lessee, and that he or they as such officers were duly authorized to sign and execute this Lease. Upon request of Lessor to Lessee, Lessee shall deliver to Lessor documentation satisfactory to Lessor evidencing Lessee's compliance with the provisions of this Section. 48, RADON GAS: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit. IN WITNESS WHEREOF, the parties have respectively signed and sealed this Lease the day and year first above wrinen. DATED as of the 9b. day of ~f. 2008, WITNESSES: LESSOR: ~e (print Name) '/i,'" .gcet~ ~,)q!f.t ~M C., a California (CORPORATE SEAL) LESSEE: IV By: Name: Title: ?Rlf~ I D ~ /.JI (CORPORATE SEAL) 11 EXHIBIT A i : i I I That portion of the North 100 feet of /the South 300 feet of Lot 2, ofTATIJM'S OCEAN PARK COMPANY'S SUBDMSION, according to the Pla~ thereof, as recorded in Plat Book 10, Page 64, in the Public Records of Miami-Dade County, Florida, lying West of the W~erly right-of-way line of Florida State Road AlA, more particularly described as follows: I LEGAL DESCRIPTION Former Rascal Plaza ; Beginning at the intersection of the North line of the North 100 feet of the South 300 feet of Lot 2, ofTATIJM'S OCEAN PARK COMPANY'S SUBDMSIOt' according 10 the Plat thereof, as recorded in Plat Book 10, Page 64, in the Public Records of Miami-Dade County, Flo 'da, with the Westerly right-of-way line of Florida Stale Road AlA, as shown by Plat recorded in Plat Book 47, Page 101, fthe Public Records of Miami-Dade County, Florida, said point being the Southeasterly comer of Lot I, of the kubdivision of SOUTH SHORE ESTATES, as recorded in Plat Book 52, Page 69, in the Public Records of Miami-Dade qounty, Florida; thence West along the North line of the North 100 feet of the South 300 feet of Lot 2 of the aforesaid T ATIJM'S OCEAN P ARK COMPANY'S SUBDMSION, for a distance of 402.15 feet to the Southwest comer of Lot 3 of said SOUTH SHORE ESTATES SUBDMSION, thence South along the prolongation South of the line dividing Lots 3 and 4 of said SOUTH SHORE ESTATES SUBDIVISION for a distance of 100 feet to a point on the South line of the North 100 feet of the South 300 feet of Lot 2 of said TATIJM'S SUBDIVISION, thence East along the South line of the North 100 feet of the South 300 foet of Lot 2 of said TATIJM'S SUBDIVISION for a distance of 392.28 feet to a point on the Westerly right-of-way line of the aforesaid Florida State Road AlA; thence Northeasterly along the Westerly right-of-way a distance ofl00.48 feet to the Point of Beginning of the pllICel ofland herein described. AND Former Rascal House Lots I, 2, 3,4 and 5, of SOUTH SHORE ESTATES, according to the Plat thereof, as recorded in Plat Book 52, Page 69, of the Public Records of Miami-Dade County, Florida; And That portion of the North 100 feet of the South 300 feet of Lot 2, ofTATIJM'S OCEAN PARK COMPANY'S SUBDMSION, according to the Plat thereof, as recorded in Plat Book 10, Page 64. of the Public Records of Miami-Dade County, Florida, lying West of the Westerly right-of-way line of Florida State Road AlA, more particularly described as follows: Beginning at the intersection of the North line of the North 100 feet of the South 300 feet of Lot 2, ofTATIJM'S OCEAN PARK COMPANY'S SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 10, Page 64, of the Public Records ofMiami.Dade County, Florida, with the Westerly right-of-way line of Florida State Road AlA, as shown by Plat recorded in Plat Book 47, Page 101, of the Public Records of Miami-Dade County, Florida, said point being the Southeasterly comer of Lot 1, of the subdivision of SOUTH SHORE ESTATES, as recorded in Plat Book 52, Page 69, of the Public Records of Miami-Dade County, Florida; thence West along the North line of the North 100 foet of the South 300 feet of Lot 2 of the aforesaid TATIJM'S OCEAN PARK COMPANY'S SUBDMSION, fora distance of 402.15 feet to the Southwest comer of Lot 3 of said SOUTH SHORE ESTATES SUBDMSION, which point is the Point of Beginning; thence continue West along the North line of the North 100 feet of the South 300 feet of Lot 2 of the aforesaid TATIJM'S OCEAN PARK COMPANY'S SUBDIVISION, for a distance of 200 feet to a point, which point is the Southwest comer of Lot 5 of said SOUTH SHORE ESTATES SUBDMSION; thence South along the prolongation South of the line dividing Lots 5 and 6 of said SOUTH SHORE ESTATES SUBDMSION fora distance of 100 feet to a point on the South line of the North 100 feet of the South 300 feet of Lot 2 of said TATIJM'S OCEAN PARK COMPANY'S SUBDMSIONj thence East along the South line of the North 100 feet of the South 300 feet of 101 2 of said TATIJM'S OCEAN PARK. COMPANY'S SUBDIVISION, for a distance of200 feet to a point, which point is 392.28 feet West of the Westerly right-of-way of the aforesaid Florida State Road AlA; thence North along the prolongalion South of the line dividing Lots 3 and 4 of said SOUTH SHORE ESTATES SUBDIVISION, for a distance of 100 feet to the Point of Beginning of the parcel of land herein described, which point is the Southwest comer of Lot 3 of said SOUTH SHORE ESTATES SUBDMSION. 12 OCT7!-20ee 1il3:<lgp FRQ1:RASCAl... HOUSE 3359458126 r) TO: 3054<l8SS66 l1-:se..Jm X"twn- I'lG. n-!S91 . MBOUJ'rION 1m. 4-ZAB-$78-?1 ~8 tOUQv4nB l'oualut1clD IUaQ er1'erc~ llJ'~. %nne i'e.~o, BeoDm2e4 by JIJIt. WlUl1aDl r.. PIyon. ana ~pon p&11 of lIlembol's PJ!eQaDt, the vote. 1fBS aa follows I JOl"aBC c. ~Un Il'ane 9DQgno fJUUanI It. 1l'1Jnn Steven J. ~ .Betty s. 'ht5(1 a'u'bQ~ OlU"loo Dlllman QJo ~ Shaw fJ1/Q Canon ~an!)l1tt t1lJl'1ght o,e Robert t'1. 6haU3hnell"~ g;y6t ummrms, Onti. 1iWl4'rod Seventp-SI)Qonti OslUns 00I'p0l"at10n b&s appl2.e~ tor tbIt t'oUGw.1ng: 8fBOIAL ltX<mP.rIOB to perm1t e~anlil1oa ot an ~tclt1~ IIon- oODfom1nt; *. n~club.. ~okoge atwe nnd restaurant; Cla1i1 expaae10Q to cons1st at 42' X 49' addlt10Q to h~ n&w mBohaniool .oquipnont ana relOGlAtcd employees fau:LUties to 'tho. reu (W) t;d tho Itx.1lJ~1Il5 I"estatU'Bnt, MID VAIlI4WDa of setltaok ~~lIto 1'OC'i~1a1I ell buUd1nB13 1D the bUS1mJS8 !One to 8etbaok 2G I f'Jp(jm tha ree.r pro))el!tv ~al1 whoD tho iAoaln~ ad~ant 18 l'eltldC:in'tja1.. to wa1ve 8eHl~&QI2 tQ piZ1U1t the ~Ol'eJD&nt:lonod 0441tton to bansvin"tto tbe bun1noDu-l"Go:lcSen1l1al zanEt bSlUlclaJ.oU l1ri(~ and .eatl~t1 :into tho Z'OS1d8ntml sonllt, ANJ) 11:J11 VABIAliCB ~o pe,nll1t 6Ji'P1'a;It. 21' t ot' oa;1d add11i:f,on .1D tho aU-Ifh zon!) as would be pend. tlted 1ft tho mJ I1OOhQ. . All aocorM.D3 to p.1abB ent1tle4 ~ohan1oal fto(w Ad~t1on _ ~"al Bouse. In90 Collins Ave.. ~l1aml BeaoA.. 1P~~ n" D8 pPe_ ~d b~ Oboler & CJark. In~., Irng1J3eo!'B~ r.unt da.tetS .n.a,. 00. 1911. Dye are $JO ayo StmJECT mOPmi'lT: Lo~8 1 and 2 SOl'I1'lf mIORE lllS1i\'fBl!, m 52, r 69. LOCA'1!l'()lh 17190 SOlUDB Av.(\nue. IU'Buz1. SeMbI' 1l'1~U!n, nq(J UHlmBAS. e. pub11.e heen. of the Motropo.U,tan >>ado OOJ,lDW 2on1aS ^ppe~ 1'l~ WD ~~vet>t1oec1 an4 held. au 1'8qu.t.r.O(l b:r Inw. and all 1IJta1"eBted ))8l't1C8 ~oncol'nad in tbe nat~J" Il'OJ'f<l hoarli, and ~. ~on ciRe aAd proper ooos14ol'at:.1.On haV1D~ been Biven to tho matto!', n 18 the op1n1on of thlS iloo.l"<i tllat tho ft')quootod Q~o1al noept1oD, vor1Bnoo and \l8El V81'1Bnoa would be cQIlpat1ble ~th the' aNa MlS its deWlopll1GDt ond wau14 be :to hlmnon,. w1t~ tb~ GQDeral puJ'~N M4 l11te~ rJt tho I'Qg\1latton and mNl~ ~lllllrOm. 14th thG 1'O(lU1I'Oiaonta and 1PtltlJ't -Qt tho aonJ.ns i'l"oced\uto ~Ilnoe I liOW ~~ M ~ RnOLVl!:D bV tba ~tZ"opoH~ Dnda Catant~ 200:l.D3 Appellla Saarc1 that the Rqttostod Dpea:La.l IJ'MElilt1on, vor1e1100 a.nd use vcr1Q~(JO liD aDd the DQ!IlO In"e blill'8bu e.pprovc6. . , P.4'S ( J OCT-.1.-20B8 03:SEIP FRO'I:Rf:lSCA... HOUSE 3659458126 TQ:305"l"l85566 ~-. / 12.-52-42 ItEllll SO. 71..s~1 "L'J'Ja Son1ru D:tr50tlJJ" 1s b'&Z'IlIby d4Jtctotod h I2dr.o the 1200C3UllG%7 notat ioDS upon t.bo mapa D~d ftl~l'lo of t_ Bade County E\\Jtl<l.t1:JS ana BODlnB DeJlutment. PA~:mD AND ADt)P.mD this 6th da31 or Dc3eembs~. 1971.. Heard U/6/71 No. 71-12-15 l?/;l.S/1l l'pV --' ~ .:. .~ P.S'5 (-) I I i I I I I I I /. I I I I OCT71-28B8 03:48P FROM:RFlS~ HOlJ5E 3059458126 TO: 38S'M85S66 !:.:.2"'5 ", ,. J ,; t"_ ;." 1.: ~: ... :,... ",'. ~ ~ .. (,t::". to: :. ~, \ i .' " ",.. ".. .- . ( :: '\ ... . '~....~..i~ : . MaOJ.lJ1ltOJlIO. a.~ C4c-6!1l' .f.. ... . fJ28 t.ollollSIiI NlSo1ut1on 1Iil8 otte#e4 br ...., 4aQp,b. a. .aat"s.ne~ . . . 8eo~aed bY,l(it:.::'" 'C~ ~.:z; . an4 \llt~ po11 91 dUIilber.t ''PfIJO~ tiber. \t~'Ct ... 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Ilhstta IUi\101 ~1: llq lIXDuaed. &)'II WJImtIWI. 11\2ll4 COu.tliS Qcuo:aA!'J:Qlf haw aw1S.l4 tor the :ro1J.AM.DBl (1.) ~ ~ to >>C1Id.~ ~ of aD ex:Lat~ o=-Ocmfom1zlg natauzaut, ~, ~ cluh aII4. p.akap .tonJ a.t4 ~all to cona1at ot a 50'10" X 65'8" a4tit1cm OIl the ".at 1I!da ot the .ad.atUli buUd1zl6 ~ tbe ~80 ot II. av 'bake17IUl4.~ equ1,pIIIeIlt. (2) SllJilCDL lSICEfUOJi to pazm1t tbe IIIClllU1cattoD of p%M~ aDzoova4 ~ 14cltU.le4 u "Maobul1aa.1 BocIIII MaUtial1 - Rs.8C&l BclUa., 1'1190 COl.l1na Aw., M1aZ. Beacm, J'1a.." as ~ by 0b01er&. OlIu'k, DIc., Btli1Zleer8, IUId. datllll J~ EO, .1q12 1)m'1I1Wtt to Re~ 4-ZAB-578.n JlIUIud lUI4 adapted. by 'the Ketral)ol1'C1ul Dade CoImtT ZCl:Il.!.q ~ BoIU'd on ~ 6th dq of J)oll'f:lllba~, 1971. Pu.r;poae or the .1'~.t :is to Jl8DI:1t 1'tIV1Ad. 'p]aaa 1 ""'""'1"8 tlle &toDlllllllltlODel 50'10" X 6518" a44i.Uw iAeutU1l1ll &8 "XllW' AW.Uon tar !laIcaL Iawle 1l8ltauzuot, M1ami Beach, JI,or.l.4a" a8 pnpue4 by Bnm1ett %ll4uatn.., :DIG. aZld. dated. 5-2-74. nu. ~ 1:10 uamiDe4 110II4 Gn em rue i: the Z~ ~t 0Dtt.t1e4 "JleW AW.Ucm tor !lallaalllDll.. Hn'lillUZallt, )U.am1 Beach. )I1a.u dmVD by Btam1ett ID4uRrieD, IDo. aD4 date4 5-2-14. 1llJB.mC'l1'~ x.ota J. a. 2, BOU'IJl SBOBB BS'fA'DI8, P.D. S2, P.5!i. LOCAf1aZi: 1119.0. Co3JJ.n. Avo., DADB c:oum. nmaIlA.. WJIEBIA8 a pubUG ~ or the ~taD %114. COllDty ~ .~~ BGaJ:d, vu a4vert1a_lIZI4 belA, as ~ 'by lav, u4 aJJ. Dltueate4 JlU"t1U DOllCOmld :b. the III&.tter were htllUd, a.d tmIDllWJ, upon tIwr aDd. ~cr cODII:t.4C1lot1on ba~ \loen a1ven 'to ~ ..ttel", it 18 tbo gpWon or thia !olml1;bat the nquoRed, SReo1a1l!:xo~1iI . wouJ4 11. 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(.)g --; :C~ ::sw a..~ CITY OF SUNNY ISLES BEACH NOTICE OF CITY COMMISSION WORKSHOP NOTICE IS HEREBY GIVEN that a Workshop will be held by the City Commission of the City of Sunny Isles Beach, Florida, in the Sunny Isles Beach Government Center, 4" Floor Conference Room, 18070 Collins Avenue, Sunny Isles Beach, on Friday, November 14, 2008, at 10:00 a,m. for questions that the Commission may have concerning the November 18, 2008 Regular City Commission meeting. All persons are invited to attend and observe this public workshop meeting. Inquiries may be directed to the City Clerk's Office at 305-792-1703. Jane A. Hines, CMC, City Clerk In accordance with the Americans with Disabilities Act, all persons who are disabled and who need special accommodations to participate in this meeting because of that disability should contact the City Manager at 305-947-0606, no later than 48 hours prior to the proceedings; if hearing impaired, please telephone the TTY line at 305-792-1590 for assistance. 1ft CITY OF SUNNY ISLES BEACH ~ NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Commission of the City of Sunny Isles Beach, Rorida, will hold a pUblic hearing in the Sunny Isles Beach Government Center, David P. Samson Commission Chambers, 18070 Collins Avenue, Sunny Isles Beach, Rorida, on Tuesday, November 18, 2OOB, at 6:30 p.m.. to consider final adoption of the following proposed Ordinances: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING SECTIONS 14-8 AND 14-10 OF THE CITY CODE RELATING TO THE IMPOSITION AND COLLECTION OF CML PENALTIES IN CODE ENFORCEMENT CASES; PROVIDING FOR REPEALER: PROVIDING FOR SEVERABIUTY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH. FLORIDA, AMENDING SECTION 62-8 OF THE CITY CODE TO PROVIDE ADDmONAL GROUNDS FOR THE SELECTION OF THE LOWEST RESPONSIBLE AND RESPONSIVE BIDDER; PROVIDING FOR REPEALER; PROVIDING FOR SEVERABIUTY; PROViOING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. Inquiries regarding these items may be directed to the City Clerk at 305-792-1703. A copy of these documents are availabie for publiC inspection during normal business hours in City Hall. Jane A. Hines, CMC, City Clerk All persons are invited to appear at this meeting eM" be represented by CI1 agent. or to express lhelrvlews In writing addn>ssed to lhe City Commlsskln c/o the City Cieri<, Clty of SUnny ~Ies Beach. 18070 Collins Avenue. SUnny I~es BeacI1, FIOOda, 33160. MY person wishing to address the City Commissioo at a public hearing is asked to register with the CltyClel1< by completing a public speakers' card prior to the nem being heard. The hearing on these matters may be contiooed at this meeting and under SlI:h circumstances, additlanallegal notice would not be provided. If a persm decides to appeal any decision made by the City Commission wlth respect to any matter considered at such meeting, they will need a record of the proceedings and, for such ptJ'pOSe, may need to ensure that a verbatim reconl of lhe proceedings Is made, which reconl includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for introduction or admissial of otherwise inadmIssible or irrelevant evidence, nor does n au1h<r1ze challenges or appeals not otheIWlse allowed by ~w. In accordance wrih lhe Americans wrih Disabilities Act, all persons who are d~abled and who need spec~1 accommodatOOs 10 parlicipate In U;S meeting because of lhat disability should contact lhe City Manager at 305-947-0606, 00 ~terthan 4B hourn prior to the proceedings; n h....ing Impaired. please telephone lhe m line at 305-792-1590 for assistance. 9 CITY OF SUNNY ISLES BEACH NOTICE OF ZONING HEARINGS '" o 2 ci ill '" ~ >- o z ,.' <( o z ~ NOTICE IS HEREBY GIVEN thai. public hearing will be held by the City CommiSSion ofthe' Cityof SUnn, ISles Beach. FIoriCIa, in 1he Commission D1ambers, SlIM, ISles Beach Government Centet. 18070 eonins Avenue, Sunny ISles Beach, Flcrida on Tuesdlr, November 11, 2001 It 8:3t1 p.m.. to consider the following ZonillOapplications: A. R.K..ndAssoclltes locltlon: 16830 Collins Avenue PubUcHeartngt; no08-07 SumlNlry: The Applcanlls seet<ing SIte pI3n approval lot the construction oll new convnerciallretan buUOO1g. The Applicant intends to demoish the existing bunding and construct a new one-stofy buildil'lll with a Iotal ol 6,000 square leel. 1. Pursuanl 10 Section 265.18 01 the City ol SUnny ISles Beach lInd Development Regulations, the AppIlcanl Is requesting site plan IpprOVal bthe construction of 1 new commercial retail building within the Town Center District. Plans are on file and may be examined In the Planning and Zoning Department for "Proposed One Story Building." consisting ol2 sheets. Plans may be modified et public hearing. Legll: Q ~ I~ I! I~ A PARCEL OF lAND IN GOVERNMENT LOT 5 IN FRACTIOKAL SECTION 11. TOWNSHIP 52 SOUllt, RANGE 42 EAST. t.tAM1-OAOE COUNTY FLORIDA. BEING MORE PAATIOJI.ARlY OESCRlBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF TRACT "A" Of R.K. CQMMEROAl CENTER SOUTH. ACCORDING TO THE PlAT THEREOf. AS RECOfIOED IN PlAT BOOK 148 AT PAGE 72 Of THE PUBLIC RECORDS Of MIAMI.OADE COUNTY. flORIDA, THE fCUOWlNG FOUR (4) COURSES BEING AlONG THE WEST RIGHT.Of.WAY LINE OF STATE ROAD A.l.A PER STATE ROAD DEPARTMENT RIGHT.Of-WAY MAP SECTION 87170-2517; (1) THENCf SOUTH 01"32' 56" WEST FOR 295,96 FEET; (2) THENCE SOUTH 02" 51' 03" WEST FOR 5.51 fffiTO THE POINT OF BEGINNING Of THE HffiElNAFTER DESCRIBED PARCEL OF lAND, THE: PREVlOOS TWO COURSES BEING ALONG THE EASWllY EXTERIOR BOUNDARY UNE Of SAID TflACT "A"; 13l THENCE DEPARTING SAID EASTERlY EXTERIOR BOUNDARY UNE CONTINUE SOUTH 02" 51' 03" WEST fOR 151.11 fIET; (4) THEHCl SOlITH 85"54' 46" WEST fOR 2.76 FEETTO A POINT ON SAID EASTERLY EXTERIOR BOUNDARY LINE Of TRACT 'A". THE FOllOWING THREE (3) COURSES BaNG AlONG SAlO EASTERLY EXTERIOR BOUNDAAY UNE Of TRACT "A": (1) THENCE CONTlNVE SOUTH 85054'46- WEST FOR 148.34 fEET; (2) THENCE NORTH 02"51'03" EAST AlONG A ~E PARALlEl WITH SAID WEST R1GtfT.Of.WAY UNE Of STATE ROAnA.l-A FOO 151.11 fEEl; rJ)THENCE NORTH 85-54'46" EASHOR 151.11 FEETTOM POINT Of BEGINNING. AODRESS: 16830 CollinsAVtlnue SIze of Property: 0.5 ACRES Zone: Nt'ighbortloOdBusiness(8.1) , Jerry'sFlmrKlsDetl ltK:llllll'l: 17190 ColinsAvenue PubUcHelrtngt; Z2008.08 Summlry: The AppNcant is requesting conditional use appmvallo sell beer, wine IlId splrlls within . grncery ma~ The Applicant Is alSO requesting lhalll be permitted 10 sel spirits b oft.premise consOOlption under !he grocery store exception relating 10 the liSlancfI requirements fer alcoholiCbeverageestabllstvnents. 1. PursUlnl10 Section 2fi5-13 ollhe City of Sunny Isles Beach Land Developmenl Aegulationl, the Applicant is requesting conditional use .pproval and permission 10 sel beer,wine,and spirits undef Ihe grocery store exeeplion under Section 98.5 lD)ol the CiIy Code. Plans are on file and m8J be examined In ltJe P1ll1nil'lll and Zoning Department lor "Epicure Markellnlefior Renovatioo" COIl$iSting d 1 Sheel, and liquor Survey consiSling ol 1 shee1.Plans may be modified'l public hearing. leg.l: Parcel2 lOTS 1. 2, 3. 4,ANO 5, SOUTH SHOAE ESTATES. ACCORDING TO THE PlAT THEREOF. RECORDED IN PlAT BOOK 52, PAGE 69, OF T~ PU8l1C RECORDS Of MIAMI.DADE CO\JNTY. flORIDA; AND OOT PORTION Of !ME NORTH 100 FEET OFTHE SOUTH 300 FEET OF LOT 2. Of TATUM'S OCEAN PARK COMPANY'S SUBOMSION, ACCORDING TO THE PlAT 'THEREOf. AS RECOADEO IN PlAT 800K 10. PAGE 54. IN 'THE PlJ8UC RECORDS Of MIAMI-DADE COUNT'( FlOfOOA.lYlNG MST OfM WESTERLY R1GiT-OF.WAY UNE OF flORIDA ST.lrrE ROAD AlA. MORE PARTICUlARlY DfSCRlBED AS fOUOWS: BE~NING AT M IHTERSEcnoN OF THE NORTH UNE OF THE NORTH 100 fEET OF M SOUTH 300 FEET OF LOT 2, OF TAlUM'S OCEAN PARK COMPANY'S SU80MSlON, ACCORDING TO THE PlAl THEREOf, AS RECOROEO IN PLAT 800K 10. PAGE 54. IN THE PUBLIC RECORDS OF MIAAII-OADE COUNTY, flORIDA, WITH THE WESTIRlY RIGtfT-Qf-WAY I.flE Of flORIDA STATE ROAD AlA, AS SHOWN BY PlAT RECORDED IN PlAT BOOK 47. PAGE 101, OF THE PIJ8UC RECORDS Of MIAMI-DADE COUNTY, flORIDA, SAO POINT 8EJNG THE SOUTtEAS1UllY CORNER OF LOT 1. OF THE SU8OMSION OF SOUTH SHORE ESTATES. AS RECORDED IN PlAT BOOK 52. PAGE 69, Ii THE PUBlIC RECORDS Of MIAM.DADE COUNTY. flORIDA; THENCE MST ALONG THE NORTH UHE OF THE NORTH 100 FEET Of THE SOUTH 300 fEET Of LOT 2 OF THE AFORESAI> TATUM'S DeEM PARK COMPANY'S SU80MSION, fOR A DISTANCE OF 402.15 FEET TO THE SOUTHWEST COONER CE LOT 3 OF SAJO SOUTH SHORE ESTATES SUBOMSION, WHICH POINT IS THE POINT Of BEGINNING; THENCE CONTlHUE WEST ALONG THE NOfmILINE Of THE NORTH 100 FEET OF THE SOUTH 300 FEET Of LOT 2 Of THE AfORESAID TATUM'S OCEAN PARK COMPANY'S SUBDMSION. FOR A OISTANCE Of 200 FEET TO A POINT, WHICH POINT IS THE SOUTHWEST CORNER Of LOT 5 OF SAID SOUTH SHORE ESTATES SUBOMSION; THENCl SOUTH AlONG THE PROlONGATION SOUTli Of THE lINE OIVIOING lOTS 5 AND 6 OF SAID SOUTH SHORE ESTATES SUBlXVISlOH FOR A DISTANCE Of 100 FEET TOA POINT ON THE SOUTH LINE OFT~ NORTH 100 fffT Of THE SOlJTH 300 FEET OF LOT 2 Of SAlDTATUM'S OCEAN PARK COMPANY'S SU8OMSION, EAST AlONG THE SOUTH UNE Of THE NORTH 100 fffi Of THE SOUTH 300 FEET OF LOT 2 Of THE AfORESAID TAlUM'S OCEM PARK COMPANY'S SU80MSJON, FOR A OISTAHCE OF 200 FEET TO A POINT. WHICH POINT IS 392.28 fEET WEST Of THE WESTERlY R1GtfT-OF-WAY Of THE AFORESAID flORIDA STATE ROAD AlA; tHENCE NORTH AlONG THE PRCl.ONGATlON SOUTH Of THE UN[ DMOING LOTS 3 AND 4 OF SAID SOUTH SHORE ESTATES SUBDIVISION, FOR A DISTANCE Of 100 FEET TO TIE POINT Of BEG1NNING OF THE PAllCEl Of lANO HERE~ DESCRIBED. WHICH POINT IS THE SOllTHWEST CORNER Of lOT 3 OF SAlD SOUTH SHORE ESTATES SUBDMSION. legal: 'Irtel3: THAT PORTlON Of THE NORTIll00 FEET Of THE SOOTH 300 Fm Of lOT 2. OFTATUM'S OCEAN PARK COMPANY'S SUllOMSlON.ACCOROING TO THE PlAT THEREOf./IS RECORDED IN PlAT BOOK 10. PAGE &4, IN THE PUBlIC RECORDS OF MlAMI-OADE COUNTY. FlORIDA, LYING WEST OFTHE WESTERLY RlGHT.Of.WAY UHE OF flORIDA STATE ROAD A1A. MORE PARTICUlARlY DESCRIBED /IS FOUOWS: BEGINNING AT THE INTERSECTION OF THE NORTH UN( Of THE NOR'TH 100 fEET Of T11E SOUTH 300 fEET Of LOT 2, OF TATUM'S OCEAN PAlIK COhl'ANY'S SUBOMSlON. ACCORDING TO 'THE PlAT THEREOf, AS RECORO[() IN PlAT BOOK 10. PAGE 54. IN tHE PUBlIC AECOODS OF MIAMI-DADE COUNTY, flORIDA, WITH THE WESTERLY RIGtfT.OF.WAY LINE OF flORIOA STATE ROAD AlA, AS SHOWN BY PlAT RECORDED IN PlAT BOOK 47. PAGE 101, OF THE PUBlIC RECORDS Of MtAMl.DADE COUNTY, FlORIDA, SAID POINT BEING THE SOTtEASTEAlY CORNER OF LOT 1, OF THE. SUBDIVISION OF SOUTH SHORE ESTATES, AS RECORDED IN PlAT BOOK 52. PAGE 69, IN THE PUEll(; RECORDS OF MIAMI.DADE COUNTY, R.ORlDA; THENCE WEST AlONG THE NORTH ~E OF THE NORTH 100 fEET Of THE SOUTH 300 fEIT OF LOT 2 OF THE AfORESAID TATUM'S OCEAN PARK COMPANY'S SUBDMSION, FOR A OISTANCE OF 402.15 FEET TO TliE SOUTHWEST CORNER Of LOT 3 Of SAID SOUTH SHORE ESTATES SUBDIVISION. THENQ; Sotml AlONG THE PROlONGATlON SOVTH OF THE UNE DIVIDING LOTS 3 AND 4 Of SAID SOUTH SHOAE ESTATES SUBOIVISION fOR A DISTANCE Of 100 FEET TO A POINT ON THE SOUTH UNE OF THE NORTH 100 FEET OF THE SOUllt 300 FEET Of LOT 2 Of SAID TATUM'S SUBOMSlOH. THENCE EAST AlONG THE SOUTH liNE OF THE NORTH 100 fIET Of THE SO\ITH 300 FEET OF LOT 2 Of SAlO TATUM'S SUBDIVISION fOR A DISTANCE Of 392.28 FEET TO A POINT ON M WESTERlY RIGHT.Of.WAY lINE Of THE AFORESAIO fLOflIDA STATE ROAD AlA; THENCE NORTHEASTERLY AlONG THE WESTERLY RlGtfT-Of.WAY A DISTANCE Of 100.48 FffT TO THE POINT Of BEGINNING OF TltE PARCEl Of lAND HEREIN DESCRIBEO. ADDRESS: 17190 Collins Avenue Size of Property. 3ACRES Zone: N!lghboffloodBusines'(8.1) rsorl' are invited 10 ",pear II Ihls meeting Of be represented by an llIent, or 10 eJpreu lhelr wlewsln wrtIlng .sdreSK{l1o IN City D.n, City of Sunny Is Beach. 18070 CoIInIAwnue. SuMy'1sIes8elctl,RorId.. 33160. The coull....... l\IIecI lhat. Ia Improper 10 cootlC1 I CItyCorrwnlsslm IIlI!mberlndlvidttallJ,ll1Il!roralyor In wrIIInv about any 1OO1nQ appllc:atlona. Maps Illd oIherdala pertak\lng 10 these Ippllcatlons In! available lor pIAlk InspedIon dunng ncrmaI business hour1 ~ CIty tIalltlr1 zoning hearillll may be oonllnued'l this meeting IIld under such drallnsllncn, IddItIonal legal notice WOIAd no! be prcw\ded. Nrt pn:wIS MsIlIng to speak all pub/lc hearIntl should regl.ter wllh the ClI, Clerk prior to thlt Jlem belnv /le.rd. Inquiries reglrdlllg the llem mlY be directed 10 the Clty'J PlaMlng and Zoning Deparlment .1 (305) 792.1710. P!we reler 10 the IleIr1ng nurmerwhen mMlnQ Intlquky.llpenondl!dclestoappeallllJcIedskJn rn&lIe 1ly1Joe CIty Comrnlsslon wtdI respecllo." manerconskle~dll sudl meetk'IQorl'learlng, they wllneed 1 rec:ord 01 tile pr0C2ed1ngslflll, forsud1 purpose. rnayneed loellSlU Ihat I verbaUm recordol1he proceedrogsls made.wtIIcIlrecoro~lhetestlmonyandevldenceupal\lA\ldlthe.ppeallstobebased.Thlanoti:edoeslllllconsll1ulec:msentll'JlheCllylll'~troducIlonoradrn&slan oIo1l1erw1se ~ssIIIe or nelMnlevlOence. fl/J//does II IIIlhorize chalenges or appeals not oIIIerwIse llowed by_In ac:c:ordance....hlhe~rlcanswllllOlsabllties At:I, II penon. who are disabled Iflll wIlo need speclallWlllllTlOdeUllns 10 participate In this meeling becluse olthat d1ub1Uty "'ould cootac11Joe Cty Manager al 305-792-1701. no Iller thin 48 houri prior 10 the proceedng: Illleamv Impal~ pieltSl!leIephone the TOO line at 305.792-15901or 1SSlsl1fU. o ~ "iii z 11 II I: i I i City Commission Norman S, Edelcup Mayor November 24,2008 Lewis J. Thaler Vice Mayor Roslyn Brezin Commissioner Gerry Goodman Commissioner Mr. Jason Starkman National Deli Corporation/ Jerry's Famous Deli 17190 Collins Avenue Sunny Isles Beach, Florida 33160 George "Bud" Scholl Commissioner A. John Szerlag City Manager Re: Approval of Conditional Use Application Submitted by National Deli Corporation/Jerry's Famous Deli (Z2008-08) to Operate a Liquor Store Within the Town Center District Hans Ottinot City Attorney Jane A. Hines City Clerk Dear Mr. Starkman: At its meeting of November 18,2008, the City Commission approved Resolution No. 08-Z-115, which approved the above Zoning Application. Attached is a certified copy of the approving legislation for your files. Thank you. Very truly yours, ~A~ Jane A. Hines, CMC City Clerk Attachment cc: Hans Ottinot, City Attorney Jorge Vera, Assistant City Manager/Services Robert Solera, Director of Community Development Helena Forbes, Asst Director of Code Enforcement and Licensing Office of the City Clerk (305) 792-1703 Phone (305) 949-3113 Fax Starkman - Epicure Market Conditional Use Approval Ltr