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RESOLUTION 87-19102 RESOLUTION NO. 87-19102 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 CONSTRUCTION OF A STAMPED CONCRETE DRIVEWAY IN A PORTION OF THE CITY RIGHT-OF-WAY AT 4535 NORTH MERIDIAN AVENUE. WHEREAS, Ira and Honey Giller , of 4535 North Meridian Avenue have requested a revocable permit ( attached hereto ) for the purpose of construction of a Stamped Concrete driveway in a portion of the City right-of-way of North Meridian Avenue; 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 Stamped Concrete driveway in a portion of the City right-of-way of North Meridian Avenue . PASSED and ADOPTED this 2nd day of December 1987 . )// / AL _ 441 ippr rr 0' ATTEST: 2-A46„.,/CITY CLERK APPROVED AS TO FORM: LE AL DEPARTMENT a/2487 Official Record 13571 page 996 REVOCABLE P ERM I T THIS AGREEMENT, made on this /rd day of �February 1914 between the CITY OF MIAMI BEACH , hereinafter called the "City " and IRA and HONEY GILLER , 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 fifty ( 50 ) years commencing on February 3 . 1988 • 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 stamped concrete driveway in 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 construction 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 hereunde: . Official Record 13571 page 997 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 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 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. 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 Official Record 13571 page 998 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 Ira and Honey Giller , located at 4535 N. Meridian Avenue, Miami Beach, Florida 33140 , 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 . Official Record 13571 page 999 ARTICLE X SURRENDER OF PREMISES At the expiration of this Permit or cancellation thereof , Permittee shall , without demand, quietly andeaceabl P Y 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 abuttingro er t and be P P Y may 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 y and year first above written. CITY OF MI! - . B H 1/rB Y ' 41011r AL ' D'OUD ATTEST: /6 "--A__ ./ City Clerk 1-1J/114/ // one rill Witnesses Ira Giller SWORN TO AND SUBSCRIBED before me this 6 day of , 198a. • NOTARY PUBLIC STATE'OF FLORIDA t a O r y P u l i c , State of NY COMMISSION EXP. MAY 19,1991 Florida a Large t L BONDED THRU GENERAL INS. UNO, g e My Commission Expires:-) AMW/MLB/r lw FORM .- • 1tkuJj This property described is : _ Lot 14 .and the North of �-..�� �. ,�,� 1-----........ Lot l 5 , Block 8 , Official Record 13571 page 1000,„,.. 000 . I. • *- - Pg I NAUTILUS ADUIT]ON , -.ccordi ng to the P1rit +j 12 i �' IQ r 1:14, 17 ,, thereof , As recorded in ' � Plat Book 8 , Page ) 30 - ' j .Jj of the Public Records of U M. 1JI i 4,k . Dade County , Florida . IV-4110J - • L'i CI-( ?_7 ).•:.:26,c,-; , a- . .... ii'll/15/T 'A" __--J. _ _ •a,,,)/ -._.:-7 _ i...e. ' /' ) 461-_ („ A= Ic. 1 • I c . X 45'TI _ : ,- ._rri ' ..-_ - LL 0.2'« . - .J 'x.�E -‘kt) IT 1.0 _ Eiu�>,rd�� - Z 1 0(0 V Cf. 1 • ' • • r7 • e, 2i ? ' . • 0 i...; r,. . . • 4. . , ..1.0/ ‘1‘ n i ‘'). 's:Ir\. I.) --, `)• 1 1 v o -- _ Thr..s (1) ;� i .9v' t^ . •7S ''T1t)c- C& r.7.0• - 1 . a' -I.ZL_ - r't i :'lb: ; 7 1 ,, ,.---.- • t s..... , I . 1 1 tY X 4 C2' l t1 ,rl 1471,X.s•r l.1,1"I . I Ce I Pv e"i 1 ir eICr�T t -- —___ U QED �_� ---, Ei&NT OF WAY OF WAY &of:9 QED � _57,tr- TSTA M PE D k. STAMPED CO�lCeETE I f CO/VC ef1E t? I VE W4Y-r W 4 vA)1 1A r1 1.s. , --• .•. -_ ..- M�- Dl,0 AUE - -_________-,ct, -ct I 23 p,i/vor. Certified To : American Savings & Loan Association g of Florida . R()l'I R I l 01 Ciller , 4535 North Meridian Avenue , Miami Beach, Florida . t 1+E AE B Y CE RTtF v that the,survey LANNES and GA R C I A, INC renrf'scntPcl hereon rT is the mm, mum reoic,rempnts adopted by the r S t' L S and tit,. t• 1 1 A and E_N(.INI 1 RS ANt) SIIRVCl ORS I AND PI.ANNI RS ihn.•• a,,. not •nrroar hrn...,is, over tions •atrrn•nit appea'coq on the Was ..► vcsctttr •ate►nents whir than as!ttyvn hereon P. O. B. 56 1131 /4/eKe4_ .e..#0. , M,.,nii, I Hor,dJ 331 Sf) r' r ?4 -I • •k ( DRAWN h' 1)P',%; . '.; 7-2:C-79 i m' Se" ' ffeC— 3 7 9-3 8 37 ORIGINAL RESOLUTION NO. 87-19102 (Authorizing the Mayor and City Clerk to execute a Revocable Permit for the purpose of construction of a Stamped Concrete Driveway in a portion of the City right-of- way at 4535 North Meridian Avenue)