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RESOLUTION 89-19642 RESOLUTION NO. 89-19642 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A REVOCABLE PERMIT FOR THE PURPOSE OF RETAINING CONCRETE CURBS, SPRINKLERS AND LANDSCAPING IN A PORTION OF THE EAST-4 . 5 FEET OF THE RIGHT-OF-WAY OF JAMES AVENUE, AND ABUTTING LOTS 4 THRU 7, BLOCK 30, FISHER'S FIRST SUBDIVISION OF ALTON BEACH SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 2 , PAGE 77 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. (1675 JAMES AVENUE) WHEREAS, New Rex Corp. , 3510 Coral Way, Suite 200, Miami, Florida 33145, has requested a revocable permit (attached hereto) for the purpose of retaining concrete curbs, sprinklers and landscaping in a portion in the East-4 . 5 foot right-of-way of James Avenue abutting Lots 4 thru 7, Block 30, of Fisher' s First Subdivision of Alton Beach Subdivision, according to the plat thereof as recorded in Plat Book 2 , Page 77 of the Public Records of Dade County, Florida; and WHEREAS, the City Manager has recommended the attached revocable permit 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 that the Mayor and City Clerk are authorized to execute the revocable permit attached hereto, for the purpose of retaining concrete curbs, sprinklers and landscaping in a portion of the City right-of-way on the east side of James Avenue. PASSED and ADOPTED this 21st day of June 1989 . '7' YOR ATTEST: i A;/ CITY CLERK APPROVED AS TO FORM: LEGAL DEPARTMENT Date: 4/r-...;//a,P PNB/rlw eerf Nesame . eead 14=--(40" FLORIDA 33139 * OIP "VA CA TIONL.4ND 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.3ORS—gq. DATE: June 21, 1989 TO: Mayor Alex Dao = and Members of th City Commi Ion -49A, FROM: Rob W. Parkins /� g' City Manager 1► SUBJECT: REVOCABLE PERMIT FOR THE PURPOSE OF RETAINING CONCRETE CURBS, SPRINKLERS, AND LANDSCAPING ON THE EAST SIDE OF JAMES AVENUE ABUTTING LOTS 4 THRU 7, BLOCK 30, FISHER'S FIRST SUBDIVISION OF ALTON BEACH SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, PAGE 77, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, 1675 JAMES AVENUE Attached is a Revocable Permit for the purpose of retaining concrete curbs, sprinklers, and landscaping, across the 4.5 foot City right-of-way on the east side of James Avenue abutting Lots 4 thru 7, Block 30, Fisher's First Subdivision of Alton Beach Subdivision, as described in the attached Exhibit A. ADMINISTRATION RECOMMENDATION: The Administration recommends approval of the Revocable Permit. RWP/RAG/DR/b 1 AGENDA ITEM CI_ DATE 6-Q -Ycis REVOCABLE PERMIT THIS AGREEMENT, made on this day of , 1989 between the CITY OF MIAMI BEACH, hereinafter called the "City" and New Rex Corp. , a Florida . corporation, hereinafter called the "Permittee" . WITNESSETH WHEREAS, the Permittee is the owner of one of the properties abutting the Demised Premises, i.e. , Lot 7 , and the long term lessee of Lots 4 thru 6, abutting the Demised Premises, and WHEREAS, the Permittee or its predecessor in title has made an improvement on the Demised Premises which constitutes an encroachment. 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 legally described as the East-4 .5 feet of the right-of-way of James Avenue abutting Lots 4 thru 7, Block 30, Fisher's First Subdivision of Alton Beach Subdivision, according to the plat thereof as recorded in Plat Book 2, Page 77 of the Public Records of Dade County, Florida, and depicted in Exhibit A attached hereto ("DEMISED PREMISES") for the period of twenty (20) years commencing on , 1989. 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. That the City by the grant of this Revocable Permit does not intend to abandon or vacate the Demised Premises. 3 1 - AGENDA CI 21( A _ i , ITEM -- --tl DATE C).--D. t -'24( . ARTICLE I USE OF DEMISED PREMISES BY PERMITTEE The Permittee shall use the Demised Premises for the retention of concrete curbs, sprinklers and landscaping in the exact configuration a s depictedin Exhibit A, attached hereto and incorporated herein. No other improvement'm rovement of any kind shall be made to the demised premises without the prior written consent of the City Commission. ARTICLE II IMPROVEMENTS BY PERMITTEE The Permittee shall have sole responsibility for • approvals, permits or licenses required obtaining all regulatory pp for the retention 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 or if either p property is sold or leased to any party other than the • bythe Cityof any improvements made by the Permittees. Removal Permittee or portions thereof shall be at the sole expense of the Permitteegoverned and by Article XI 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 s, Determination of the condition of grease or refuse and debri saidpremises remises shall be made by the City. ARTICLE IV INDEMNIFICATION AND HOLD HARMLESS The Permittee does herebyagree 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 or possession of the Demised Premises. 2 4 ARTICLE V NO LIABILITY FOR PERSONAL PROPERTY All personalproperty ro ert� placed or moved on- the Demised • P Premises shall be at the risk of the Permittee or the owner thereof. The City shall not beliable 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 theur ose of inspecting or to gain access to or repair any P P utilities located within any City easement or public right-of-way. 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 revocableP ermit. Additionally, any expenses incurred by the City, but not aid bythe Permittee, in removing such improvements or P landscaping shall become a lien upon the Permittee's abutting P g property, which be foreclosed within one year of its filing. P Y• may 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, Y cancel or terminate this permit if the City in its sole discretion needs the property for any reason. 3 5 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 Mr. Pedro Luis Restrepo, President of New Rex Corporation, located at 3510 Coral Way, Suite 200, Miami, Florida 33145 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 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 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 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 IX. If not so paid, the expenses 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. Permittee shall pay all of City's costs of 4 6 • attorney' s fee incurred in any • n including a reasonable Y litigation dispute or claim arising out of this Permit if City is the • prevailin • g party in said dispute, or claim. a. PERMITTEE FURTHER STATES THAT HE HAS CAREFULLY -- REVOCABLE PERMIT AND KNOWS READ THE FOREGOING THE CONTENTS THEREOF AND FULLY REALIZES ITS MEANING AND SIGNS THIS REVOCABLE PERMIT OF HIS OWN FREE WILL. have hereunto executed IN WITNESS WHEREOF, the parties the purposes herein expressed the day this Revocable Permit for year first above written. and CITY . , MIAN,V BEA By: LEX DAOUD-- , ifslWr ATTEST: FORM7 ` APP ROVED � LEGAL DEPT. CITY CLERK ay Date —4/22J.&___ NEW REX CORP. , a Florida corporation By: PEDRO LUIS RESTREPO, Witness PRESIDENT Witness SWORN TO AND SUBSCRIBED before are me this day of 1989 . Notary Public, State of Florida at Large My Commission Expires: REF:REV/NEWREX.REV AMW/PNB/r lw 5 .//VC OZ/V / O/1D uglC 4 64MSP .. , , i 11 t Ulic,:fteC . AILE,46, 4.--: 423“, t s 0 CT' •I %,:t taxi,1 th KP ; '. M0 E . 4: 0. CIA t AdzEZ : M « ' W €,1 R4M P- r ' • A - Lo- P �-L 1� L... Z P L 0 .-t -...._ 0 -t •• ,,, r • .. „ .• . ' '' • •. .175 �AM�S AVENUE • /SO' LOTS 4 Tomo 7 \ --i e ..00K 30 .S FtsHE 'S Ftttsr 5vD. of ALToN 8E cit •1 ., ., iso' Q • c I _ 20Q' w6' u 7 -- --: ".* - - - - - -• N .W K •!6, 9 ---L L P &. 0 E_ 1----i. . • . _ ... . ."tet'/ST/NG• • 1.9ND5c4P/N6 CONCiZE'TE CU,CB/NG • o C ,9N0 //2"Ac,47/ON SYSTE!/1 V ' 12. Oo + ... dipA Aik ... Ai& ,Aisir../ Iii..._. -1. .Am" alikk 1L_‘ - - - -- - --- -111,11111MMVAPACIEgirli \ • ..1 1 ‘41 \ 'pi.-- *Iii101011111 - - -- - co. r •l r• 1ST . ... .. . : .. : NIIIIISYAIIIrdllWillLIIIWIW... 6- •• =4<c -..._ __ . = c. ',;CUR, 4. GlO ��• / vtL .• • jt.,. , • A. A L 7 PI \/ --1 . 1,4 .._._ 0 7 -:, 4.4).1 1.------ co. . . . n , ,t,t, . zs ..- -(-. --- ‘k 1 , / i L. H C..._ S &,..)E •.,... X . Lii _ f y CITY OP—MIAMI BEACH TO: '. Richard Gatti, lic %Is Dir. DATE: 7/3/89 : Dowdngo ',Rodriguez FROM: _ac NI. Baker, City Clerk SJ SUBJECT ble Wrh.t 1675 James Ave. CAA, 6/21/89 Aesolutlon No. 89-19642 Enclosed are thre originals of the captioned revocable permit. Please have executed, recorded and return the blue-backed cover to this officefor filing. O If any questions, please call. H W _ W 4Vse_ l� 4.,1-1...JA,-;4 r� r . f--a rY-+ - ac, P-1 1-4 41"- 0 W - - friA„,(72 Q W c � � r 4,te, C.� . W U ORIGINAL RESOLUTION NO. 89-19642 Authorizing the Mayor and City Clerk to execute a revocable permit for the purpose of retaining concrete curbs, sprinklers and landscaping in a portion of the east- 4.5 feet of the right-of-way of James Avenue, and abutting lots 4 thru 7, Block 30, Fisher's First Subdivision of Alton Beach Subdivision, according to the plat thereof as recorded in Plat Book 2, page 77 of the public records of Dade County, florida. (1675 James Avenue)