QD-45 Revocable Permit
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REVOCABLE PERMIT
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THIS AGREEMENT, made on this 15th
day of October
1981, by and between the CITY OF MIAMI BEACH, hereinafter called the
"City" and FLORIDA SERVICING AND MANAGEMENT CORP., a corporation,
hereinafter called the "Permittee."
WITNESSETH
That the City, for and in consideration of the restric-
tions and covenants herein contained, hereby permits the exclusive
use of a City right-of-way easement as described on Exhibit A at-
tached hereto for the period of fifty (50) years commencing on Octo-
ber 15th, 19~
IT IS FURTHER MUTUALLY UNDERSTOOD AND AGREED BY THE RE-
SPECTIVE PARTIES HERETO:
That the recitations, statements, covenants, warranties
and agreements hereinabove captioned and set forth hereinabove and
in the attached articles are true and binding upon the respective
parties hereto.
ARTICLE I
USE OF DEMISED PREMISES BY PERMITTEE
The Permittee shall use the demised premises for the con-
struction of a fence, connecting wall and landscaping in the exact
configuration as described on Exhibits A and B, attached hereto and
incorporated herein, unless approved by the City Commission or other
City Agency.
ARTICLE II
IMPROVEMENTS BY PERMITTEE
The Permittee shall have sole responsibility for obtaining
all regulatory approvals, permits or licenses required for the con-
struction of such improvements upon the demised premises. All im-
provements made by the Permittee shall be removed from the premises
at the expiration or termination of this permit.
Removal by the
City of any improvements made by the Permittee shall be at the sole
expense of the Permittee and governed by Article IX hereunder.
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ARTICLE I I I
CONDITION OF PREMISES AND MAINTENANCE
The Permittee, at its own expense, shall cause the demised
premises to be in a state of good condition from the commencement of
this permit. The Permittee shall maintain and keep the entire de-
mised premises in a neat, clean condition, free of refuse and de-
bris. All landscaped areas shall be maintained in a live, healthy,
and growing condition, properly watered and trimed. Determination
of the condition of said premises shall be made by the City.
ARTICLE IV
INDEMNIFICATION AND HOLD HARMLESS
The Permittee does hereby agree to indemnify and save the
City harmless from any and all claims, liability, losses, damages
and causes of actions which may arise out of this revocable permit,
or the Permittee's activity on the demised premises.
ARTICLE V
NO LIABILITY FOR PERSONAL PROPERTY
All personal property placed or moved on the demised pre-
mises 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 en-
ter upon the demised premises during all reasonable working hours
for the purpose of inspecting or to gain access to or repair any
utili ties located wi thin any Ci ty easement.
Such right of entry
shall, likewise, exist for the purpose of removing structures, im-
provementst alterations or landscaping which do not conform to this
permit. Any removal of the above, or damage to the allowed improve-
ment or landscaping made by the City and necessitated by the Permit-
tee's use of said premises, shall be at the sole expense of the Per-
mittee. Further the City shall not be responsible for the restora-
tion of the premises; its fixtures, fencest walls or land-
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scaping, in the event such are damaged or removed by the city in or-
der to inspect, repair or gain access to its utilities located in
either Parcell of Attachment A or the land which is the subject 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 Permitee's abutting pro-
perty, which may be foreclosed within one year of its filing.
ARTICLE VI I
REVOCATION OF PERMIT
It is understood and agreed between the parties hereto,
that the City may, upon ten days' written notice to the Permittee,
cancel or terminate this permit if the City in its sole discretion
needs the property.
ARTICLE VI I I
NOTICES
It is understood and agreed between the parties hereto
that written notice addressed to Permittee and mailed or delivered
to FLORIDA SERVICING AND MANAGEMENT CORP., located at 1110 Brickell
Avenue, Miami, Florida 33131 shall constitute sufficient notice to
the Permittee, and written notice addressed to the City Manager and
mailed or delivered to the City of Miami Beacht 1700 Convention Cen-
ter Drive, Miami Beach, Florida 33119, shall constitute sufficient
notice to the City to comply with the terms of this Permit.
ARTICLE IX
SURRENDER OF PREMISES
At the expiration of this Permit or cancellation thereof,
Permittee shall, without demandt quietly and peaceably deliver pos-
session of the demised premises free of any walls, fences or other
like fixtures. The Permittee shall be responsible for the expenses
of putting the premises in said condition. If said premises are not
in such condition, at the expiration or cancellation of this permit,
Permittee hereby agrees to allow the City to restore the premises to
such condition. The expenses incurred by the City in so doing shall
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-become a lien upon the Permittee's abutting property and may be
foreclosed within one year from the filing of such a lien.
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.
IN WITNESS WHEREOF, the parties have hereunto executed
this Revocable Permit for the purposes herein expressed the day and
year first above written.
CITY OF MIAMI BEACH
ATTEST
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DeputY,City Clerk
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Witness
In the presence of:
/I) SWORN TO AND SUBSCRIBED before me
ULTO.!J~IC- , 1981.
this
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/ h - day of
My Commission Expires:
h~~~? /~
Notary Public, State of Flo~a
at Large
(SEAl-')
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NOTARY PUaJC STATE IF ~ AT L>>a!
MY ~ EXPIRES IWl No ...
BOf<<)El) THRU GENERAL INS. lJNDERWRm:RS.
By
APPROVED
LEGAL DEPT./)
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