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RESOLUTION 87-18963 RESOLUTION NO. 87-18963 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A REVOCABLE PERMIT FOR THE PURPOSE OF AN OUTDOOR SEATING AREA FOR THE FRIEZE , INC . , LOCATED AT 11 7-FIFTH STREET. WHEREAS , Mary L . Sherman , of The Frieze , Inc. 117-Fifth Street has requested a revocable permit (attached hereto) for the purpose of construction of an outdoor seating area; and WHEREAS, the City Manager recommends granting the revocable permit and the City Attorney has approved it as to form; and NOW THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH that the Mayor and City Clerk are authorized to execute the revocable permit attached hereto, for the purpose of construction of a outdoor seating area to be located at The Frieze, Inc. , 117-Fifth Street . PASSED and ADOPTED this 2nd day of , . Se•t-_;- •er , 1987 . AiAC 41 / MAYO ' ATTEST: 461•14-•., CITY CLERK APPROVED AS TO FORM: ITL441A4;4 LAX DEPARTMENT Date : it, 47 MLB/rlw eat,/ Neaoti ead FLORIDA 3 3 1 3 9 ..PMS e fq, *‘INCORP1 ORATED "V A CA TIONL A ND U. S. A. OFFICE OF THE CITY MANAGER CITY HALL ROB W.PARKINS 1700 CONVENTION CENTER DRIVE CITY MANAGER TELEPHONE: 673-7010 COMMISSION MEMORANDUM NO. E-521,- 1 DATE: December 2, 1987 TO: Mayor Alex Da.. . and / Members of e City Corn 'ssion FROM: Rob W. Parkins f \ City Manager P SUBJECT: REVOCABLE PERMIT - THE FRIEZE, INC. - 117 FIFTH STREET Attached is a Revocable Permit for the construction of an outdoor seating area in the City right-of-way as described in Exhibit A. ADMINISTRATION RECOMMENDATION: The Administration recommends the approval of the Revocable Permit. RWP/RLR/DR//b Attachment • AGENDA ITEM DATE / Z-2" r4 REVOCABLE PERMIT THIS AGREEMENT, made /6( on this day of , 1987 between the CITY OF MIAMI BEACH , hereinafter called the "City" and Mary L. Sherman of The Frieze , Inc . , 117-5 Street , hereinafter called the "Permittee" . WITNESSETH That the City , for and in consideration of the restrictions and covenants herein contained, hereby permits the exclusive use of a City right-of-way easement as described in Exhibit A attached hereto for the period of one ( 1 ) years commencing on411.<47.4_4494 , 1987 . 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 an outdoor seating area for The Frieze, Inc. , 117-5 Street the exact configuration as described in 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 placement of such improvements upon the demised premises . All improvements made by 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 or portions thereof 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 safe, clean condition, free of grease of refuse and debris . Determination of the condition of said premises shall be made . 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 Permi ttee ' 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. ARTICLE VI CITY ' S RIGHT OF ENTRY The City or any of its agents, shall have the right to enter upon the demised 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 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 , upon ten days ' written notice to the Permittee, cancel or terminate this permit if the City in i t s sole discretion needs the property. ARTICLE VIII NOTICES It is understood and agreed between the parties hereto that written notice addressed to attorney for Permittee and mailed or delivered to Mary L. Sherman, The Frieze, Inc. , 117-5 Street , 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 Convention Center Drive , Miami Beach , Florida 33139 , 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 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 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 TO 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 OF4w,', I :"SACH BY: AillimAiwAir JFX DAOUD ATTEST:15LX (24/tA/ City Clerk -- i i / ' A Ai 1 ' I, _ _44_, ii 1..,r _ id / li/I AlLifigag A ' 4( -f64A Wi nesses MARY Li(-H" 'N SWORN TO AND SUBSCRIBED before me this day of aLMAnlb.i4j 1 , 198/ . Of • _ LK) otary Public , tate of /JA, Florida at Large My Commission Expires. AMW/MLB/r l w W,i,Ji',v MII_T, taTE tr 'Mtn! F C 1 M. A.P F .:.,. • !. .+ `t i '` ,,,,itto-tati' e(tAxal.... ` „ r.`i 7 f 7 _ r ....... ..z_.. _„,,---, _. ...... , ,,, , . ..,...4, =� a) ‘. 4:D a I ., •t, IftNM 1�r�� ,,,1(i 1,3i td iy�� -.-+ r' (I) / ' .SP).1'14 .4....0.§.(1 J..6.....11I C9 rark; ' i7�M ii..0 'f"+11 "V•, 04041.0.4.. attrV„ MC p v +.01-*wV a see 1.w�p.♦y r c*Intan-- - LO Vo • I r%‘ ' 'l o'� I Jw _ , rr ..�+,..�'' 'I v". r` I 1 t I N y"y� � . I�� i .y / j rw 1‘ ' O a) 110 s.���do- j al • , • (1) lt M 4 f 1 Lii. Ito.11I 1 y 4D -_ i ( A , bi aliCS-2,/bV/9 / • ' ,,P E 1 t•• , < .4 A, •...., I / '' ' .. .. 1. 1 a•4......--.............-4......--.............- 1 k., 1.0../T ij \ I ..• .,..., )! co 1 , r / ,ei 1 cl 1, /4.4. ._ _ .. .. _. ,_ _ ,‘ 4'444 4r1.1 W , b ORIGINAL RESOLUTION NO. 87-18963 (Authorizing the Mayor and CityClerk execute a Revocable Permit for to the purpose of an outdoor seating area for the Frieze, Inc. , located at 117-fifti Street)