Loading...
Revocable Permit 1360 No. View Dr. Inc.Such portion of an existing carport that lies within the City property/right-of- way (Demised Premises) adjacent to the Permittee's residence at 1360 North View Drive, Sunset Island No. 1, Miami Beach, Florida (the Property). No other Improvements(s) of any kind shall be made to the Demised Premises without the prior written consent of the City. ARTICLE II IMPROVEMENTS BY PERMITTEE The Permittee shall have sole responsibility for obtaining all regulatory approvals, permits or licenses required for the placement of the Improvements upon the Demised Premises. The Improvements made by Permittee shall be removed from the Demised Premises at the expiration or termination of this Permit. Removal by the City of the Improvements made by the Permittee or portions thereof shall be at the sole expense of the Permittee and governed by Article X hereunder. ARTICLE III CONDITION OF PREMISES AND MAINTENANCE The Permittee, at its own expense, shall cause the Improvements and the Demised Premises to be in a state of good condition from the commencement of this Permit. The Permittee shall maintain and keep the Improvements and the Demised Premises in a safe, clean condition, free of refuse and debris. Determination of the condition of the Improvements and of the Demised Premises shall be made by the City. ARTICLE IV INDEMNIFICATION Permittee agrees that it will indemnify, hold and save the City, their officers, agents, contractors and employees whole and harmless and at City's option defend same, from and against all claims, demands, actions, damages, loss, cost, liabilities, expenses and judgments of any nature recovered from or asserted against City on account of injury or damage to person or property to the extent that any such damage or injury may be incident to, arise out of, or be caused, either proximately or remotely, wholly or in part, by any act, omission, negligence or misconduct on the part of Permittee or any of its agents, servants, employees, contractors, guests, licensees or invitees or of any other person entering upon the Demised Premises used hereunder with the express or implied invitation or permission of Permittee, or when any such injury or damage is the result, proximate or remote, of the violation by Permittee or any of its agents, servants, employees, contractors, guests, licensees or invitees of any law, ordinance or governmental order of any kind, or when any such injury or damage may in any other way arise from or out of the use by Permittee, its agents, servants, employees, contractors, patrons, guests, licensees or invitees of the Demised Premises used hereunder, or arises out of any action challenging the granting or legality of this Revocable Permit. Permittee covenants and agrees that in case City shall be made party to any litigation against Permittee, or in any litigation commenced by party against any party other than Permittee, it shall and will pay all costs and expenses, including reasonable attorney's fees and court costs, incurred by or imposed upon City by virtue of any such litigation, including appeals. ARTICLE V NO LIABILITY FOR PERSONAL PROPERTY All personal property placed or moved on the Demised Premises shall be at the risk of the Permittee or the owner thereof. The City shall not be liable to the Permittee or owner for any damage to said personal property. ARTICLE VI CITY'S RIGHT OF ENTRY The City or any of its agents, shall have the right to enter upon the Demised Premises at any time for the purpose of inspecting the Improvements and/or the Demised Premises, or to gain access to or repair any utilities located within any City easement. Such right of entry shall, likewise, exist for the purpose of removing structures, improvements, alterations or landscaping which do not conform to this Permit. Any removal of the above, or damage to the allowed Improvements or landscaping made by the City and necessitated by the Permittee's use of said Demised Premises, shall be at the sole expense of the Permittee. Further, the City shall not be responsible for the restoration of the Demised Premises, its fixtures, fences, walls, or landscaping, in the event such are damaged or removed by the City in order to inspect, repair or gain access to its utilities located on the land which is the subj ect of this Revocable Permit. Additionally, any expenses incurred by the City, but not paid by the Permittee, in removing such improvements or landscaping shall become a lien upon the Permittee's abutting property, which may be foreclosed within one year of its filing. ARTICLE VII REVOCATION OF PERMIT It is understood and agreed between the parties hereto, that the City may, in its sole discretion, upon ten (10) days' written notice to the Permittee, cancel or terminate this Permit. ARTICLE VIII NOTICES All written notices transmitted between City and Permittee shall be addressed to: To Permittee: Suntrust Bank, as Trustee 1360 North View Drive Miami Beach, Florida To City: City of Miami Beach Attn: Mr. Fred Beckmann, Public Works Director 1700 Convention Center Drive, 4th Floor Miami Beach, FL 33139 (305) 673-7080 -telephone (305) 673-7028 -facsimile with copies to: City of Miami Beach Attn: Jose Smith, Esq. 1700 Convention Center Drive, 4th Floor Miami Beach, FL 33139 (305) 673-7470 -telephone (305) 673-7002 -facsimile 4 All notices mailed to either party shall be deemed to be sufficiently transmitted if sent by certified mail, return receipt requested and shall constitute sufficient notice to the City to comply with the terms of this Permit. ARTICLE IX ASSIGNMENT The Permittee shall not sublet, assign, transfer, mortgage, pledge, or dispose of this Permit for the term hereof, other than to the beneficiaries of the Sun Trust Bank Agreement, dated October 28, 1993, without the prior written consent of the City. ARTICLE X SURRENDER OF PREMISES At the expiration of this Permit or cancellation thereof, Permittee shall, without demand, quietly and peaceably deliver possession of the Demised Premises free of any walls, fences or other like fixtures or Improvements. The Permittee shall be responsible for the expenses of putting the Demised Premises in said condition. If said Premises are not in such condition, at the expiration or cancellation of this Permit, Permittee hereby agrees that the City shall have the right to restore the Demised Premises to such condition. The Permittee agrees to reimburse the City for all such expenses within thirty (30) days of mailing of a statement to the Permittee at the address indicated in Article 8. If not so paid, the expenses incurred by the City in so doing shall become a lien upon the Permittee's abutting property and/or leasehold and maybe foreclosed within one year from the filing of such a lien, or the City, at its option, may seek such other remedies as may be allowable by law. PERMITTEE FURTHER STATES THAT HE HAS CAREFULLY READ THE FOREGOING REVOCABLE PERMIT AND KNOWS THE CONTENTS THEREOF AND FULLY REALIZES ITS MEANING AND SIGNS THIS REVOCABLE PERMIT OF HIS OWN FREE WILL. 5 IN WITNESS WHEREOF, the parties have hereunto executed this Revocable Permit for the purposes herein expressed the day and year first above written. ATTEST: CITY OF MIAMI BEACH Robert Parcher, City Clerk i Herrera owes, Mayor PERMITTEE Signature Print Name Print Name fitness l U C~ Print Name APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION ,w.~ ,~-, ~ ~1 oq qty tto a e 6 RESOLUTION NO. 2009-27091 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, FOLLOWING A DULY NOTICED PUBLIC HEARING TO HEAR PUBLIC COMMENT ON SAME, AND HAVING CONSIDERED THE CITY ADMINISTRATION'S RECOMMENDATION AND THE CRITERIA PURSUANT TO SECTION 82-94 OF THE MIAMI BEACH CITY CODE, GRANTING A REVOCABLE PERMIT TO MR. IRA M. ELEGANT, AS OWNER OF THE RESIDENTIAL PROPERTY (SINGLE FAMILY RESIDENCE) LOCATED AT 1360 NORTH VIEW DRIVE; SAID PERMIT TO RETAIN THE NORTHEASTERN PORTION OF A CARPORT, BUILT WITHIN AND OVER A PORTION OF THE PUBLIC RIGHT-OF-WAY ALONG NORTH VIEW DRIVE; FURTHER APPROVING AONE-TIME ONLY ASSIGNMENT OF SAID PERMIT TO SUN TRUST BANK, AS TRUSTEE UNDER THAT CERTAIN TRUST AGREEMENT DATED OCTOBER 28, 1993, AS THE BUYER/NEW OWNER OF THE PROPERTY AT 1360 NORTH VIEW DRIVE; SUCH ASSIGNMENT SUBJECT TO AND CONTINGENT UPON THE CLOSING OF THE SALE OF THE PROPERTY OCCURRING ON OR BEFORE JUNE 5, 2009. WHEREAS, Ira M. Elegant (Applicant), owns the residential property located at 1360 North View Drive, Sunset Island No. 1 (Property); and WHEREAS, the Property has a de-minimus encroachment that consist of a portion of an existing carport that projects into the public right of way adjacent to North View Drive; and WHEREAS, the City approved and granted a revocable permit for this same carport expansion in September 29, 1986; the permit expired in 2006; and WHEREAS, the Applicant was not aware that the permit had expired until recently, when Applicant sought to sell the Property; and WHEREAS, Applicant has entered into a contract for sale of the Property with Sun Trust Bank, as Trustee under that Certain Trust Agreement dated October 28, 1993 (buyer/new owner) and, prior to closing on the sale of the Property, Applicant has requested that the City approve and grant a new revocable permit to be allowed to continue to maintain the referenced carport encroachment; and WHEREAS, concurrent with the granting of the permit to Applicant, Applicant also requests that the City approve an assignment of the new permit from Applicant to the buyer/new owner; and WHEREAS, provided the City Commission grants the permit, the City Administration does not object to a one-time only assignment of the permit to the buyer/new owner, provided that Applicant and buyer/new owner close on the sale of the Property on or before June 5, 2009; and WHEREAS, in the event that the permit is granted to Applicant, and Applicant and buyer/new owner do not close on the sale of the Property on or before June 5, 2009, then the one-time only assignment shall be null and void, and any subsequent owner of the Property EXHIBIT "A" (including buyer/new owner if it closes with Applicant after June 5, 2009) will be required to submit a new application requesting a revocable permit to maintain the subject encroachment; and WHEREAS, the City Administration has reviewed Applicant's request in accordance with the criteria for granting/denying revocable permits pursuant to Section 82-94 of the City Code; the Administration's review is set forth in the Commission Memorandum accompanying this Resolution; and WHEREAS, at its regular meeting on June 3, 2009, the City Commission held a duly noticed public hearing to hear public comment on the request for revocable permit, as required pursuant to Section 82-93 (b) of the City Code; and WHEREAS, the Administration's analysis has determined that the Applicant has satisfied the criteria for granting a revocable permit, and recommends granting said permit. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission, following a duly noticed public hearing to hear public comment on same, and having considered the City Administration's recommendation and the criteria pursuant to Section 82-94 of the Miami Beach City Code, grant a Revocable Permit to Mr. Ira M. Elegant, as owner of the residential property (single family residence) located at 1360 North View Drive; said permit to retain the northeastern portion of a carport, built within and over a portion of public right-of-way along North View Drive; further approving cone-time only assignment of said permit to Sun Trust Bank, as Trustee under that Certain Trust Agreement dated October 28, 1993, as the buyer/new owner of the property at 1360 North View Drive; such assignment subject to and contingent upon the closing for the sale of the property occurring on or before June 5, 2009. PASSED AND ADOPTED this 3rd day of June, 2009. ATTEST: !!~--~1 CITY CLERK_ 1111AYOR STATE OF FLORI~Abert Parcher Matti Herrera Bower COUNTY OF MWMt•DADE t, ROBERT PARCHER, City Clerk ai Chy d Miami Beach, Florida, do hereby certify that the above and foregoing is a true and oorre~# copy of the original thereof on fik is this ~~~ T:WGENDA12009Wune 3\Consent\Revocable Permit.1360 N View Dr.Reso.doc W1TNE~ my hand and the seat of Bald Cllp this~_.....day ~y ~ + ~ ~~ ~. ROBERT PARCHER city Clerk of the City of Miami Beach, Florida APPROVED AS TO FORM & LANGUAGE CARPORT CANOPY R/W TOTAL AREA 44 SQ. FT. SKETCH OF SURVEY SCALE: ,+rt' ~EGA~ DESCRIPT101~ EXHIBIT "B" A portion of land bounded by the North and West property line of Lot 1, Block 1 and bounded by the center lines of West 29th Street and Lake Avenue, as shown in SUNSET LAKE EXTENSION, Plat Book 40, Page 23, Public Records of Miami-Dods County, Florida. F:\.aklipLL\CAD~OWGIPROJECTSt9M53M•1WBVW BWt 1380 Natli lhsxi DMe) TRLE LD r~, , r, , ~ ; ~ ~ ,~;F~-_. ,EO RE~SEO EXH I B IT B ~ PUBLIC WORK8 DEPARTMENT asionrzoos sREErloF i i 1d1 CONYB(iER/ CERfER EIWE. MNY OEIIC/I. fL.3)17Y