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Resolution 5649 RESOLUTION NO. 5649 WHEREAS, United States of America, represented by the Chief of the Bureau of Yards and Docks, has requested permission to construct on the "Recreation Pier", located at No. 1 Biscayne Street, Miami Beach, Florida, a temp- orary signal station and his submitted a form of permit for the construction, maintenance, operation and repair thereof, a copy of which said proposed permit is on file with the City Clerk. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Miami Beach, Florida, that the City Manager be and he is hereby authorized and directed to execute said permit for and on behalf of the City of Miami Beach. PASSED and ADOPTED this 15th day of April, A. D. 1943. Mayor Attest : City Clerk ! PERMIT In consideration of the mutual benefits and advantages to be derived therefrom, the City of Miami Beach, a municipal corporation, in the State of Florida, represented by the City Manager thereof, and. Tne Recreation pier Association of Miami Beach, Inc. , a corporation, hereinafter called the permittors , hereby jointly and severally grant to the United States of America, represented by the Chief of the Bureau of Yards and Docks, acting under the direction of the Secretary of the Navy, hereinafter called the termittee, permission to construct , main- tain, operate and repair on that certain ,bier of the Permittors located in the southeastern portion of the City of Miami Beach, ± lorida, com- monly known and called the "Recreation Pier" , a temporary signal station approximately 20' v 20' togethe' with all necessary poles and fixtures at a location on said Hier indicated on the attached drawing bearing legend, "Plot Plan, U. S. Naval µ:signal Station, Miami Beach, Florida", r said area of 400 sq. ft. , more or less, being the extreme southeast corner of the second deck of said pier and being located more precisely on the roof of what is now the dressing room adjacent to the main ball- room on said pier; together with the right of ingress and egress to and from the area described through said recreation pier and property of the Permittors. The permission hereby granted shall be subject to the fol- lowing provisions and conditions : 1. The Permittee shall retain title to the facility constructed hereunder and all costs and expenses incurred in connection with the construction, maintenance, operation and repair of said facility shall be borne by the Permittee. Unon the termination of this permit, the Per- mittee, within a reasonable time thereafter, shall remove the said facility and restore Per- mittors ' property as nearly as practicable to its original condition. Any expense incurred by the Permittors after such termination in removing such property or in restoring said land, shall be re- imbursed to the Permittors by the Permittee out of such funds as may be available therefor or which have been appropriated for such purpose by the Congress of the United States. 2. All activities authorized hereunder, shall be subject to such rules and regulations, as regards supervision or otherwise, as may, from time to time , be prescribed by the permittee, or by the Commandant, 7th Naval District, 1117 duront Building, Miami , Florida, who is hereby designated as the local rep- resentative of the Navy Department . 3. In the event that death or injury occurs to any person, or loss , destruction or damage occurs to any property of the Permittors, in connection with the construction, maintenance, operation or repair of the facility authorized hereunder, occasioned in whole or in part by the Permittee, its officers, agents and em ,loyees, agrees to submit to the Congress of the United States a statement of the facts in regard thereto and make such appropriate recommendations with respect to indemnifying and saving harmless the Permittors, as the circumstances warrant. 4. No nember or Delegate to Congress or Resident Coi- missioner shall be admitted to any share or part of this permit , or to any benefit to arise therefrom. Nothing, however, herein contained shall be construed to extend to any incorporated company, if the permit be for the general benefit of such corporation or com- pany. 5. The term of this permit is for the period beginning from the date hereof and shall continue until terminated by the Permittors upon the giving of sixty ( 60) days ' notice in writing to the Permiptee. It is understood, however, that the Fermittors will not exercise their rights to terminate this permit during the existence of the several wars in which the United States is engaged and for a period of six months thereafter. .i . 0.1 _ ..,s ,i:i ri OF, the City of Miami Beach, Florida, and The Recreation tier Association of Miarri Beach, Inc. , by authority duly given have caused this permit to be executed this day of , 194 . CITY OF MIA C.l BEACH, FLORIDA (A municipal corporation) By City Manager THE RECREATION PIER ASSOCIATION OF I lAMI BEACH, INC. 1y By THIS £EhM1T is also executed by the Permittee in acknowledg- ment and acceptance of the terms herein set forth. UNITED STAit S OF AMERICA By By direction of the Chief of"the Bureau of Yards and Docks , acting under the direction of the secre- tary of the Navy. § � qwg / ' ) / (ll C.) ` » q 4-1 LC\ e 0 (a 0 0 QS . \ CO 0 0 0 \ Gk q� d 0 c J77