94-21414 Reso RESOLUTION NO. 94-21414
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH,FLORIDA,AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE A REVOCABLE PERMIT IN FAVOR OF
OCEAN WASHINGTON ASSOCIATES, LTD., FOR USE OF THE CITY
RIGHT-OF-WAY ADJACENT TO THEIR PROPERTY LOCATED AT 427
COLLINS AVENUE,TO RETAIN A FIVE(5)FOOT HIGH CBS WALL AND
PAVED PARKING AREA ENCLOSED BY A WALL, A REMOTE-
CONTROLLED ELECTRIC GATE AND LIGHT, A PEDESTRIAN GATE
WITH A WALKWAY, LANDSCAPING, AND A SPRINKLER SYSTEM.
WHEREAS, Ocean Washington Associates, Ltd., is the owner of property located at 427
Collins Avenue; and
WHEREAS,Ocean Washington Associates, Ltd. has requested a Revocable Permit for use
of the City right-of-way adjacent to their property located at 427 Collins Avenues, to retain a five
(5)foot high CBS wall and paved parking area enclosed by a wall,a remote-controlled electric gate
and light, a pedestrian gate with a walkway, landscaping, and a sprinkler system; and
WHEREAS,the Administration recommends granting the Revocable Permit attached and
incorporated as Exhibit "A".
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA,that the Mayor and City Clerk
are authorized to execute the attached Revocable Permit in favor of Ocean Washington Associates,
Ltd., for the use of the City right-of-way adjacent to their property located at 427 Collins Avenues,
to retain a five (5) foot high CBS wall and paved parking area enclosed by a wall, a remote-
controlled electric gate and light, a pedestrian gate with a walkway, landscaping, and a sprinkler
system.
PASSED and ADOPTED this 7th day o • ember, 1994. il
' /
r -MA OR
ATTEST:
E
CITY CLERK
RJA:jm FORM APPROVED
Legal Dept.
Attachment By j c
a:rja\427collins.res
Date 1-2-- a-Sq
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
COMMISSION MEMORANDUM NO. q l0 C
TO: Mayor Seymour Gelber and DATE: December 7, 1994
Members of the City Commission
FROM: Roger M. Carlton lip //
City Manager r'
SUBJECT: REVOCABLE PERMIT ALLOWING OCEAN WASHINGTON ASSOCIATES
LTD. , OWNER OF PROPERTY LOCATED AT 427 COLLINS AVENUE, TO
RETAIN THE USE OF CITY RIGHT OF WAY ON COLLINS AVENUE
ADJACENT TO SAID PROPERTY, WITH A 5 FEET HIGH C.B.S.
FENCE WALL ENCLOSING A PAVED PARKING AREA, REMOTE
OPERATED ELECTRICAL GATE AND LIGHT, PEDESTRIAN GATE WITH
WALKWAY, TREES AND LANDSCAPING WITH SPRINKLER SYSTEM.
Attached is a Revocable Permit for Ocean Washington Associates
Ltd. , for the use of City right of way on Collins Avenue, adjacent
to the applicant's property located at 427 Collins Avenue (see
attached exhibit A) , Lot 13 , Block 5, Ocean Beach Florida
Subdivision, as recorded in Plat Book 2 Page 38, of the Public
Records of Dade County, Florida.
ADMINISTRATION RECOMMENDATION:
The Administration recommends that the City Commission authorize
the execution of the Revocable Permit in favor of Ocean Washington
Associates, owner of property located at 427 Collins Avenue, to
retain the use of public right of way on Collins Avenue adjacent to
said property, including a five feet high C. B.S. fence wall, a
paved parking area, a remote operated electrical gate and light, a
pedestrian gate with concrete walkway, trees and landscaping with
sprinkler system.
BACKGROUND:
In June 1993 , the City of Miami Beach Mayor and City Commission
adopted Resolution 93-2855, amending the City Code Chapter 33 and
establishing procedures for granting, denial and revocation of
Revocable permits for use of City owned property.
In granting or denying the permit the Commission would consider the
need of the applicant, whether applicant owns abutting property,
effects on neighboring properties, public welfare, and economic
AGENDA ITEM '3" P-
DATE 12/1-61C1
COMMISSION MEMORANDUM Page 2 December 7, 1994
impact on the City, compliance of the proposed improvements with
existing ordinances, laws, rules and neighborhood plans, and effect
on governmental/utility easement and uses.
Ocean Washington Associates, which is owned by Dacra Development
Corp. with offices at 230 Fifth Street, owns the lot at 427 Collins
Avenue. In July 1993 , a request for variances was approved by the
Zoning Board of Adjustment to allow the construction of an 18 space
accessory parking lot on said property, for the Dacra Development
Co. employees.
Dacra Development Corp. in need of additional parking spaces, built
the C.B.S. wall, gates and landscaping they were required to
provide, over the City right-of-way on Collins Avenue, and paved
the area for two additional parking stalls.
ANALYSIS:
Ocean Washington Associates, owner of property located at 427
Collins Avenue, is requesting to retain the use of the public right
of way on Collins Avenue adjacent to said property, for the paved
parking area, a five feet high C. B.S. fence wall, a remote operated
electrical gate and light, a pedestrian gate with concrete walkway,
trees and landscaping with sprinkler system, and shall provide the
proper insurance. The applicant shall also be responsible for the
maintenance of the entire area, and payment of an annual fee in the
amount of $ 165, based on 550 square feet of City right-of-way
used. This amount may be increased when a new rate structure
Ordinance( 10 percent of Dade County Property Appraiser' s value per
annum) is adopted in the near future. This rate structure was
recommended by the Land Use Committee on November 8, 1994, and
accepted by the City Commission on November 16, 1994 .
CONCLUSION:
The revocable permit for the use of approximately 50 feet by 11
feet of the City right-of-way to retain the paved parking area, the
C.B.S. fence wall, a remote operated electrical gate and light, a
pedestrian gate with concrete walkway, trees and landscaping with
sprinkler system. abutting the West property line of Lot 13 , Block
5, Ocean Beach Florida Subdivision, as recorded in Plat Book 2 Page
38, of the Public Records of Dade County, Florida (as shown in
attached Exhibit A) should be granted. Ocean Washington Associates,
owner of property located at 427 Collins Avenue, Miami Beach, will
assume all responsibility for the maintenance and liability within
this area.
Attachment
RMC/DR/vgk
C:\WPSI\COMMEMO\REVPTIO
REVOCABLE PERMIT
THIS AGREEMENT, made on this 7th day of December , 1994 between the
CITY OF MIAMI BEACH(the City)and OCEAN WASHINGTON ASSOCIATES,LTD.,a Florida
Limited Partnership, (the Permittee).
WITNESSETH
WHEREAS,the Permittee is the owner of property abutting the Demised Premises, located
at 427 Collins Avenue,Miami Beach, Florida, and legally described as Lot 13, Block 5,of OCEAN
BEACH ADDITION NO. 2,according to the Plat thereof, Recorded in Plat Book 7, at Page 38, of
the Public Records of Dade County, Florida; and
WHEREAS,the Permittee wishes to make an improvement on the Demised Premises; and
WHEREAS, the City, for and in consideration of the restrictions and covenants herein
contained, hereby permits the exclusive use of a City right-of-way, as described in Exhibit "A",
attached hereto and incorporated herein, for the period of twenty (20) years commencing on
December 7 , 1994 (the Demised Premises).
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 and true and binding upon the respective
parties hereto.
ARTICLE I
USE OF DEMISED PREMISES BY PERMITTEE
The Permittee shall use the Demised Premises to retain a five (5) foot high CBS wall and
paved parking area enclosed by a wall,a remote-controlled electric gate and light, a pedestrian gate
with a walkway, landscaping and a sprinkler system, in the exact configuration as described in
Exhibit"A",attached hereto and incorporated herein(the Improvements). No other Improvement(s)
of any kind shall be made to the Demised Premises without the prior written consent of the Mayor
and City Commission.
ARTICLE II
IMPROVEMENTS BY PERMITTEE
The Permittee shall have sole responsibility for obtaining all regulatory approvals, permits
or licenses required of 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 of 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
CONCLUSION OF PREMISES AND MAINTENANCE
The Permittee,at is own expense, shall cause the Improvements and the Demised Premises
2
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
grease or 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,its officers,agents,contractors
and employees whole and harmless and, at the City's option, defend same, from and against all
claims, demands, actions, damages, loss, costs, liabilities, expenses and judgments of any nature
recovered from or asserted against the 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 Indemnitor 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 Indemnitor(Permittee), or when any such injury or damage is
the result, proximate or remote, of the violation by Indemnitor 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 Indemnitor, its agents, servants,employees, contractors,patrons, guests, licensees or invitees of
the Premises used hereunder, or arise out of any action challenging the granting or legality of this
3
Revocable Permit. Indemnitor covenants and agrees that in case the City shall be made party to any
litigation against Indemnitor, or in any litigation commenced by any party against any party other
than Indemnitor relating to this Agreement or to the Premises used hereunder,then Indemnitor shall
and will pay all costs and expenses, including reasonable attorney's fees and court costs, incurred
by or imposed upon the 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,
4
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 area
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 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
and without cause, upon ten (10) days' written notice to the Permittee, cancel or terminate this
permit.
ARTICLE VIII
NOTICES
It is understood and agreed between the parties hereto that written notice addressed to the
Permittee and mailed or hand delivered to: OCEAN WASHINGTON ASSOCIATES, LTD., 230
FIFTH STREET,MIAMI BEACH,FLORIDA 33139,Attn: Craig Robins,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 Convention Center Drive, Miami Beach, Florida 33139, shall
constitute sufficient notice to the City to comply with the terms of this permit. Notice by U.S. Mail
5
shall be deemed effective when mailed.
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 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 expense incurred by the City in so doing shall become a lien upon
the Permittee's abutting property and/or leasehold and may be 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.
6
•
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
M. 'or Sey Gelb-W'
ATTEST:
City Clerk
PERMITTEE
OCEAN WASHINGTON ASSOCIATES, LTD.
230 Fifth Street
Miami Beach, FL \ 9
. - . , "- By:
r itness Craig Robins, Ge," er
Witness
a:rja\427co1rev.p r
FORM APPROVED
Legal Dept.
B
Y
Date 2•S`-(
7
•
. —� - -- S0:0. I
1•'.0' - ., 11•• wvr.
•
_ _ - j 1 I 5,7
:9 - ,, . ,
X / ••••..,
t v1
iiivI.I 10 1
111 `t
I:s
C // I
(1:11: 0/4.'‹ 3 IM : 11/1/4(.'/0 • \•
I
zI
W . • 1 it
> I .1 `: 4 w 17 "x' ; z
�.. Q Q 1
,..-4 f _cl ' 3 s \ C' /14 J CH
- 'lr 1—i \.
Z
O + a0 0 0 1 1
r ;i
.a) N N C
E".1r + .1. 1.1.-irM
¢¢.c Is` 7 / 0 �.L +
L
p r loci I
= Cri aS 0 \If z .--4 a) P.-a
CI
. 71sY \. tl)
° 0 ,' 01) / ° 18 /. Q23 'a, to ,...-.
...a. i o . ? '
2
!W'e• i 20 I a / If 1 4 FV
1 ,-:."1404• .�,- t,
,te.,
a.• K � •\ I p 22' driveway,..
rass parkway 4 .s
` W. a , s' pavei..4 ---41 .4117,104614 ttaiiiiiiiAsy,-1: IT
d lift i -
• -■M1004 € b waw �__
•...1
C0 Collins Avenue
0E1 v,s
•~ 511.)
a) Cimi