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RESOLUTION 89-19500 RESOLUTION NO. 89-19500 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 TIRAMESU RESTAURANT LOCATED AT 500 OCEAN DRIVE. WHEREAS, Andrea Fregonese, President, Treviso, Inc. , of The Tiramesu Restaurant 500 Ocean Drive 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 Tiramesu Restaurant, 500 Ocean Drive. PASSED and ADOPTED this 18th day of Ja uary 1989 . 411114°1111La—al MAYOR ATTEST: ./),V,,/. 7-21 „, CITY CLERK APPROVED AS TO FORM: LEGAL DEPARTMENT Date: , MLB/rlw eat/ vteawe &aid FLORIDA 3 3 1 3 9 1-49e•.,i * INCORP�}ORATED)*s "VA CA TIONL A NI) 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. 31 'got DATE: January 18, 1988 TO: Mayor Alex t aoud and Members • the City Corn 'Issio • ., FROM: Rob W. Park.- tP City Manager Pr/ SUBJECT: REVOCABLE P: MIT - ANDREA FREGONESE, PRESIDENT, TREVISO, INC., D/B/A THE TIR ' ESU RESTAURANT, 500 OCEAN DRIVE, OUTDOOR SEATING AREA Attached is a Revocable Permit for the purpose of the construction of an outdoor seating area to be located at Tiramesu Restaurant, 500 Ocean Drive. Please see Exhibit "A" attached. ADMINISTRATION RECOMMENDATION: The Administration recommends approval of the Revocable Permit. RWP/RLR/DR/b Attachment 1 AGENDA ITEM DATE REVOCABLE PERMIT FOR COMMERCIAL PROPERTY THIS AGREEMENT, made on this day of 19 between the CITY OF MIAMI BEACH, hereinafter called the "City" and Andrea Fregonese, President, Treviso, Inc. , D/B/A Tiramesu Restaurant, 500 Ocean Drive, 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) year commencing on kkti,J.AA , 19 S r . 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 Tiramesu Restaurant, 500 Ocean Drive 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 XI hereunder. 3 1 AGENDA ITEM _ - A- 1 O DATE - 21 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 by the City. ARTICLE IV INDEMNIFICATION AND HOLD HARMLESS The Permittee does hereby agree to indemnify, defend in the name of the City and save the City harmless from any and all claims, demands, liability, losses, damages and causes of actions which may arise out of this revocable permit, or the Permittee's activity on the demised premises (even if such claims, demands, liability, etc are fraudulent or groundless) . The foregoing indemnity agreement shall apply to any and all claims and suits other than claims and suits arising out of the sole and exclusive negligence of the City of Miami Beach, its officers, agents, and employees, as determined by a court of competent jurisdiction. ARTICLE V INSURANCE The Permittee hereby agrees to provide and maintain General Liability Insurance, with premises liability and contractual liability) in the amount of $1, 000, 000 per occurrence for bodily injury and property damage. The City shall be named as an additional insured on the Permittee's insurance policy and the policy shall be endorsed to reflect the City as an additional insured. All insurance policies shall be issued by companies authorized to do business under the laws of the State of Florida and these companies must have a rating of at least B+:XI or better per Best's Insurance Guide latest edition or its equivalent. There shall be attached an endorsement to indemnify 2 4 the City from any Liability or damage whatsoever in accordance with Article IV of this Agreement. Certificate of insurance and endorsements as required herein shall be delivered to the City by the Permittee with evidence of payment issued by the insurance company(ies) indicating payment of annual premium. Failure to comply with these insurance provisions shall be considered to be a breach of contract. ARTICLE VI 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 VII 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. 3 5 ARTICLE VIII 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 its sole discretion needs the property. ARTICLE IX NOTICES It is understood and agreed between the parties hereto that written notice addressed to Permittee and mailed or delivered to Andrea Fregonese, President, Treviso, Inc. D/B/A Tiramesu Restaurant, 500 Ocean Drive, Miami Beach, Florida 33139, or at Treviso, Inc. , 12940 S.W. 122 Avenue, Miami, Florida 33186 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 X 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 XI 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 4 6 become a lien upon the Permittee's abutting property and may be foreclosed within one year from the filing of such a lien. Permittee hereby agrees to pay upon demand all of City's costs and expenses incurred in enforcing the Permittee's obligations under this Revocable Permit, including but not limited to reasonable attorneys' fees associated with any pre-litigation negotiations, litigation and/or appeal in which Permittee causes the City to become involved or concerned. 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 MI • I BEA AAli / EX DA' D ATTEST: ( z- /gel— City Clerk Witnesses ANDREA FREGONESE, PRESIDENT, TREVISO, INC. D/B/A TIRAMESU RESTAURANT SWORN TO AND SUBSCRIBED before me this day of , 198 . Notary Public , State of Florida at Large My Commission Expires: FORM APPROVED AMW/PNB/r lw LEP" n r n- FREGONES.PER 5 Date .4242/11/ TREVISO, INC. D/B/A TIRAMESU 12940 SW 122 AVE. MIAMI , FL 33186 November 25 , 1988 ATT MR . ROB W. PARKINS CITY MANAGER CITY OF MIAMI BEACH REF : TIRAMESU RESTAURANT. Dear Mr . Parkins : We have recently open our Italian Restaurant "Tiramesu" , located at 500 Ocean Drive on South Beach . As part of a second phase of development of the restaurant , it was originally planned an outdoor sitting area on 5th Street . Accordingly with the standard procedures for the obtention of an authorization from your office , we are forwarding this letter toY ou requesting a "revocable permit" for the use of the City of Miami Beach right of way at the restaurant property location over 5th Street Side , an as shown on the enclosed drawings . Thanking you for your consideration and hoping to hear fromY ou soon . Since - ly yo rs , Andrea =gonese , President TREVISO, INC . 8 K5-6io CITY OF MIAMI BEACH TO: Uomingo todriguel . Pub. Serv. DATE: 1/27/89 Maine FROM: L 1110k.er;\Fity Clerk SUBJECT: vocable Permit for the purpose of an outdoor flelitiag area for Tire su Restaurant located at 500 Ocean Drive. RAcioestd, please find three copies of the above noted revocable permit, ickhes been fully executed by t City, eiseivitith t authorizing; 1mo. f89-19500. wit re requesting that after the document has been fully executed aad recorded by the other party, that a copy be returned to this office for our files. Thankyou • ORIGINAL RESOLUTION NO. 89-19500 (Authorizing the Mayor and the City Clerk to execute a Revocable Permit for the pur- pose of an outdoor seating area for Tiramesu Restaurant located at 500 Ocean Drive)