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83-17309-A 4 RESOLUTION NO. 83-17309A A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING A REVOCABLE PERMIT FOR THE CONSTRUCTION OF A FENCE, CONNECTING WALL AND LANDSCAPING IN THE EXACT CONFIGURATION AGREED UPON ON A CITY RIGHT-OF-WAY AT WEST SAN MARINO DRIVE AND THIRD TERRACE, SAN MARINO ISLAND, MIAMI BEACH, FLORIDA; AUTHORIZING THE EXECUTION OF THE REVOCABLE PERMIT BY THE MAYOR AND CITY CLERK. WHEREAS, Allan and Ray Ellen Yarkin, the owners of the real property at 114 Third Terrace , San Marino Island, Miami Beach, Florida, have petitioned the City to allow the construc- tion of a fence and landscaping on City right-of-way abutting said property; and WHEREAS , the City Commission of the City of Miami Beach has reviewed the proposed revocable permit granting Allan and Ray Ellen Yarkin the right to construct a fence and landscaping on a City right-of-way abutting on the property at 114 Third Terrace , San Marino Island , Miami Beach, Florida; and WHEREAS, the allowance of such use of City right-of-way will be subject to the restrictions of the attached Revocable Permit. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMIS- SION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Clerk execute the attached Revocable Permit. PASSED and ADOPTED this 6th day of April , 1983.7. Cee-e.- c. —=-'' MAYOR ATTEST: >2tee- ---c, City Clerk APPROVED: LEGAL DEPT. ��_ By: /V11j - (4,241�� 9. c c rneX I Date: `-i- 2S-j'3 q 3 7 - tib - 3 .0‘i I ICP 011Sc * rb PC-1‹,t,� 044:(Ix —,AI I c0 1 c t —' ,l U P LE�'�`�'� i\w• REVOCABLE PERMIT THIS AGREEMENT, made on this 15th day of July , 1983 , by and between the CITY OF MIAMI BEACH, hereinafter called the "City" and ALLAN and RAY ELLEN YARKIN, hereinafter called the "Permittee. " WITNESSET H: That the City, for and in consideration of the restric- tions and covenants herein contained , hereby permits the exclu- sive use of a City right-of-way easement as described on Exhibit A attached hereto for the period of fifty (50) years commencing on July 15 , 1983. IT IS FURTHER MUTUALLY UNDERSTOOD AND AGREED BY THE RESPECTIVE 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 construction of a fence and landscaping in the exact configura- tion as described on Exhibit A, attached hereto and incorporated herein, only if 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 construction of such improvements upon the demised premises. All improvements 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 . ARTICLE III 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 demised premises in a neat , clean condition, free of refuse and debris. All landscaped areas shall be maintained in a live , healthy, and growing condition, properly watered and trimmed. 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 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. - 2 - ARTICLE VI CITY'S RIGHT OF ENTRY The City or any of its agents, shall have the right to enter upon thedemised premises during all reasonable working hours for the purpose of inspecting 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 improvement or landscaping made by the City and necessitated by the Permittee ' s use of said premises , shall be at the sole expense of the Permittee. Further the City shall not be responsible for the restoration of the 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 subject of this revocable permit. Additionally, any expenses incurred by the City, but not paid by the Permittee , in removing such improve- ments 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, upon ten days' written notice to the Per- mittee , cancel or terminate this permit if the City in its sole discretion needs the property. - 3 - ARTICLE VIII NOTICES It is understood and agreed between the parties hereto that written notice addressed to Permittee and mailed or deliv- ered to Allan and Ray Ellen Yarkin, located at 114 Third Terrace , San Marino Island, Miami Beach, Florida 33139 , shall constitute sufficient notice to the Permittee , and written notice addressed to the City Manager and mailed or delivered to the City of Miami Beach, 1700 Covention Center Drive , Miami Beach , Florida 33119 , shall constitute sufficient notice to the City to comply with the terms of this Permit. ARTICLE IX ASSIGNMENT Without the written consent of the City first obtained in each case, the Permittee shall not sublet, assign, transfer , mortgage , pledge , or dispose of this permit for the term hereof. 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. The Permittee shall be respon- sible for the expenses of putting the premises in said condi- tion. If said premises are not in such condition, at the expira- tion 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 become a lien upon the Permittee ' s abutting property and may be foreclosed within one year from the filing of such a lien. - 4 - . • • PERMITTEE FURTHER STATE THAT THEY HAVE CAREFULLY READ THE FOREGOING REVOCABLE PERMIT AND KNOW THE CONTENTS THEREOF AND FULLY REALIZE ITS MEANING AND SIGN THIS REVOCABLE PERMIT OF THEIR 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 BE H MAYOR ATTEST: City Clerk c'ht—Z ALLAN YARKIN W nes)X In the presence of: - ,x�JeVRAY ELLEN YARKIN ,,10Kes,s SWORN TO AND SUBSCRIBED before me thisav of 4p4N1 , 1983 . NOTARY PUBLIC STATE OF FLORIDA AT LARGE My Commission Expires: APPROVED: LEGAL DEPT. By: ) jt '/ ` { Date: , J -- - 5 - ‘4, 1 7-141130 TFii, AcF 0' -1.- A----_-- -- -0 , a - _' . , . , 1 '- ,-- dI -, . 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