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RESOLUTION 89-19562 RESOLUTION NO. 89-19562 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A REVOCABLE PERMIT BETWEEN THE CITY OF MIAMI BEACH AND INTERNATIONAL SOCIETY OF DRAMATISTS THEATRE, INC. , A FLORIDA NOT-FOR-PROFIT CORPORATION, FOR THE MAINTENANCE OF A BUILDING WALL WHICH CURRENTLY ENCROACHES ON A PORTION OF THE CITY RIGHT-OF-WAY ON JEFFERSON AVENUE BETWEEN 4TH AND 5TH STREETS. WHEREAS, the City, wishes to execute a Revocable Permit between the City of Miami Beach and International Society of Dramatists Theatre, Inc. , a Florida Not-For-Profit Corporation for the maintenance of a building wall which currently encroaches on a portion of the City right-of-way on Jefferson Avenue between 4th and 5th Streets. WHEREAS, a Revocable Permit has been prepared and the City Manager has recommended its execution and the City Attorney has approved it as to form; NOW THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Clerk are authorized to execute the revocable permit for the maintenance of a building wall which currently encroaches on a portion of the City right-of-way on Jefferson Avenue between 4th and 5th Streets. PASSED and ADOPTED this 15th day of March , 19 89 I - .Amply •� Pr MAYO. - ATTEST: 64.164-' CITY CLERK APPROVED AS TO FORM: 77( .... LEGAL DEPARTMENT Date• 00/1",i JLM/rlw REF: \DRAMA.RES REVOCABLE PERMIT THIS AGREEMENT, day made on this 24th of March 1989 between the CITY OF MIAMI BEACH, hereinafter called the "City" and INTERNATIONAL SOCIETY OF DRAMATISTS THEATRE, INC. , a Florida Not-For-Profit Corporation, located at 427 Jefferson Avenue, Miami Beach, Florida 33139, and its successors and assigns 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, which is shown as an encroachment in Exhibit A attached hereto, hereinafter referred to as "Demised Premises" , for the period of fifty (50) years commencing on march 24 , 19 8 9 ; but shall automatically terminate at such time when the existing building structure deteriorates, or is removed or a demolition permit for the existing building issued by the City. 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 maintenance of an existing wall along a portion of right of way on Jefferson Avenue between 4th Street and 5th Street in the exact configuration as described in Exhibit A, attached hereto and incorporated herein. 1 J ARTICLE II IMPROVEMENTS BY PERMITTEE All existing improvements shall be removed by Permittee from the Demised Premises at the expiration or termination of this permit. Removal by the City of any improvements which are encroaching on the City right-of-way or portions thereof shall be at the sole expense of the Permittee and governed by Article X 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 neat, clean condition, free of grease or 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 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 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 or such other amount as may be approved by the City's Risk Manager. 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 2 I, 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 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 be 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 REVOCATION AND TERMINATION OF PERMIT It is understood and agreed between the parties hereto, that the City may, upon ninety (90) days written notice to the Permittee, cancel or terminate this permit in the event of default by the Permittee of any of its obligations set forth herein. This permit shall automatically terminate at such time as the existing building wall becomes deteriorated or is removed. ARTICLE VII NOTICES It is understood and agreed between the parties hereto that written notice addressed to Sandra B. Riggs, Esquire, Alagia, Day, Marshall, Mintmire & Chauvin, 1001 South Bayshore Drive, Suite 2704, Miami, Florida 33131, Attorney for Permittee, International Society of Dramatists Theatre, Inc. , a Florida Not-For-Profit Corporation, or such other addition as Permittee shall advise the City in writing shall constitute sufficient notice to the Permittee, and written notice addressed to the City Manager and mailed or hand-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 VIII SUCCESSORS AND ASSIGNS This permit shall be binding upon and inure to the 3 benefit of the successors and assigns of the parties. ARTICLE IX PAYMENT OF EXPENSES It is understood and agreed between the parties hereto that all fees for issuances of this Revocable Permit, including recordation thereof, shall be borne by the Permittee. 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 Demised 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 OF HIS OWN FREE WILL. 4 Sc 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 - •.>'VACH B • At _..i..1 it AallitilikP • :491" DAOUD ATTEST; 7 -��GL-�,L'- ✓1'L, U "�Z�'�� INTERNATIONAL SOCIETY OF City Clerk DRAMATISTS THEATRE, INC. Witness By: Witness SWORN TO AND SUBSCRIBED before me this day of 198_ Notary Public, State of Florida at Large My Commission Expires: FORM APPROVED AMW/JLM/mml LEGAL DEPT. 3/24/89 DRAMA.REV B -'-Y.----- -?"--417g Ct--(n,___ Date , / Y7?Lf 5 ____ . _._______. t. A " • • ex gi 5/ T /1 1 , • -V21°• 2graldri-.4 r I 1.9'-8 FR„lrPri4 . 4 . I . _ . i , ........ t--------Ai . . . 1 t41.7- 1i-II- - i- lk N. 4 ' • 6f¢ . c 4 ASPHALT pA to/N( . ./ • 1 . 7 -IEP/'2 c AlA►YY I . • 1... ,� • '• E:1/41cRvACNMe'Air 0.3� di Z. .NUM.' ,.•.Tim• _ . !. ',MAL DESCRIPTION: _- ; r• •...' -'•;: . .,.• ' -----" iZMaiE3'.:. '--L,'L.;:--' ..' Lots 9 and 10 Block 75 OCEAN •' - T.'• ♦ ori"sem.':•'N •'' ' 'r '' BEACH FLA. ADDITION NO. 3 _ _ according the plat thereof as recorded in Plat Book 2 at Page �i ! ��i�"' f • ��€ i �'- '' '•' '• of the Public Records of Dade County. Florida • �` ` •'� // / P�RyYQR'S CERTIFICATE: / . / r• ' I HEREBY CERTIFY that the sketch as shown represents a recent .,• '▪Qr BOUNDARY SURVEY made under my, direction in compliance with the ,j / •: %' . 1". einiiaum technical standards for Land Surveys in the State of ' '� ..�' Code and is true and correct to the best of my knowledge end / :'' •• { '" :/// belief. b •• , • FORD.LAND SURVEYORS INC. ,�_J�`7-0R�r . •• • . I' , k C,BS Date: March `t 1988 "1:••„,:-..• i Omar Armenteros PresideI. nt esident ¢,2'�'d / . ..1 ' cr Reg. Land Surveyor M3679 � '` :CV � :. / State of Florida. �' I. CERTIFIED T0: Z..-...-.4....-CAP1TAL BANK) Ft r AME of U1�3 TrrLW. /o' azaw•X� r'3 rAAly NOTE: _ li ti) •I ,. This property has not been abstracted For easements, restrictions ••�'.' or limitations, and/or an a \\\ - y appurtenance that may affect the use .. • : ' of the parcel herein described. L ., • Prepared By. ?L�'�' 7S / • 4 FORD LAND SURVEYORS INC. ' 6000 N.W. 31st Street. ... :� - suite No.7 c ' L -4ci/ p"q, 0 va •1 s+�i. Florida. 33122 , Phone: 477-6659 �' • 1 rn,�Scale: 1". 20' • 11. .,f -' P laid Book:AS`s-53 - ' Oc�Irc No 1 A ,.......... �•.Pts ed For: _ _ _. — ,. y _ .�' Dere /act co' ORIGINAL RESOLUTION NO. 89-19562 Authorizing the Mayor and City Clerk to execute a Revocable Permit between the City of Miami Beach and International Society of Dramatists Theatre, Inc. , a Florida Not-For-Profit Corporation, for the maintneance of a building wall which currently encroaches on a portion of the City Right-Of-Way on Jefferson Avenue between 4th and 5th Streets.