RESOLUTION 90-20178 RESOLUTION NO. 90-20178
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 INSTALLING A WROUGHT IRON FENCE IN A
PORTION OF THE RIGHT-OF-WAY AT 16TH STREET AND
PENNSYLVANIA AVENUE, ABUTTING LOTS 11 AND 12, BLOCK
59, LINCOLN SUBDIVISION, AS RECORDED IN PLAT BOOK
NO. 9, PAGE NO. 69 OF THE PUBLIC RECORDS OF DADE
COUNTY, FLORIDA. (1571-1573 PENNSYLVANIA AVENUE) .
WHEREAS, the Sunco Group I, Inc. , 13382 S.W. 128th Street,
Miami, Forida 33186, has requested a Revocable Permit for the
purpose of installing a wrought iron fence in the right-of-way of
Pennsylvania Avenue and 16th Street, abutting Lots 11 and 12 , Block
59, Lincoln Subdivision, as recorded in Plat Book No. 9, page No.
69 of the Public Records of Dade County, Florida; and,
WHEREAS, the City Manager recommends granting the Revocable
Permit and the City Attorney has approved it as to form.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Clerk are
authorized to execute the attached Revocable Permit for the purpose
of installing a wrought iron fence in a portion of the City right-
of-way abutting Pennsylvania Avenue and 16th Street.
PASSED and ADOPTED this 21st day of November, 1990.
ATTEST:
.i,s%t kik/ %#:%, /114a
'Deirdy
r ` i 4 r
City Clerk VICE-MAYOR 1
PNB: lm
FORM APPROVED
LEGAL DEPT.
C.\resolutio\sunc By
// `//f'
Date
e /eut 'e4d
4,1T4??,. FLORIDA 3 3 1 3 9
* INCORP!IORATEDJ* "VA 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.
DATE: November 21, 1990
TO: Mayor Alex Daou
d . : A
Members of the 'ity Commis 'en,'
rieo
FROM: Rob W. Parkin /Ai.'IF
City Manager A
REVOCABLE PERM •T FOR THE PURPOSE OF INSTALLING
SUBJECT: A WROUGHT IRON FENCE ON THE EAST SIDE OF
PENNSYLVANIA AVENUE AND THE SOUTH SIDE OF 16TH
STREET, ABUTTING LOTS 11 AND 12, BLOCK 59,
OCEAN BEACH, FLORIDA, ADDITION #3 SUBDIVISION,
ACCORDING TO THE PLAT THEREOF, AS RECORDED IN
PLAT BOOK 2 , PAGE 81 OF THE PUBLIC RECORDS OF
DADE COUNTY, FLORIDA, 1571-1573 PENNSYLVANIA
AVENUE.
Attached is a Revocable Permit for the purpose of installing a
wrought iron fence, across the City right-of-way on the east side
of Pennsylvania Avenue and the east side of 16th Street, abutting
Lots 11 and 12 , Block 59 , Ocean Beach, Florida, Addition #3
Subdivision, as described in the attached Exhibit A.
ADMINISTRATION RECOMMENDATION:
The Administration recommends approval• of the Revocable Permit.
RWP/RAG/DR/nkm
Attachment
•
12
AGENDA -Nb
ITEM
DATE 11 - .#10
REVOCABLE PERMIT
THIS AGREEMENT, made on this 21st day of November, 1990
between the CITY OF MIAMI BEACH, hereinafter called the "City" and
Sunco Group I, Inc. , a Florida corporation, hereinafter called the
"Permittee" .
WITNESSETH
WHEREAS, the Permittee is the owner of the properties abutting
the Demised Premises, i.e. , Lots 11 and 12 , Block 59 Lincoln
Subdivision, according to the plat thereof recorded in Plat Book 9,
Page 69 of the Public Records of Dade County, Florida, and
WHEREAS, the Permittee 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 describes as
a wrought iron fence in the East 1. 5 ' of Pennsylvania Avenue and in
the South 1 ' of the right-of-way of 16th Street abutting Lots 11
and 12, Block 59, Lincoln Subdivision, as recorded in Plat Book No.
9, Page No. 69 of the Public Records of Dade County, Florida
County, Florida, and depicted in Exhibit A attached hereto
("DEMISED PREMISES") for the period of twenty (20) years commencing
on the above date.
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.
1
ARTICLE I
USE OF DEMISED PREMISES BY PERMITTEE
The Permittee shall use the Demised Premises for the
retention of a wrought iron fence in the exact configuration as
depicted in Exhibit A, attached hereto and incorporated herein. No
other improvement 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
obtaining regulatory ulatory approvals, permits or licenses required
g
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
any party property is sold or leased to pa� .-y ^othat than the
Permittees. Removal by the City of any improvements made by the
Permitteeor portions thereof shall be at the sole expense of the
Permittee and governed 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
entire demised premises in a safe, clean condition, free of
the
grease
or refuse and debris. Determination of the condition of
said premises shall be made by the City.
2
ARTICLE IV
INDEMNIFIATION WI HOLD ffARMLESS
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 or possession of the Demised
Premises.
ARTICLE V
INSURANCE
The Permittee hereby agrees to provide and maintain
General Liability Insurance, including 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
Py
olic shall be endorsed to reflect the City as an additional
insured.
ARTICLE VI
NO LIABIJITY 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 thepurpose ur of inspecting or to gain access to or repair any
p
utilities located within any City easement or public right-of-way.
Such right of entryshall, likewise, exist for the purpose of
g
removing structures, improvements, alterations or landscaping which
3
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 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 for any reason.
ARTICLE IX
NOTICES
It is understood and agreed between the parties hereto
that written notice addressed to the Permittee and mailed or hand
delivered to Mr. Scott Parker, Vice President, Sunco Group I, Inc.
located at 13382 S.W. 128th Street, Miami, FL. 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. Notice by U.S. Mail shall be deemed
effective when mailed.
4
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 Q,F 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
litigation including a reasonable attorney's fee incurred in any
dispute or claim arising out of this Permit if City is the
prevailing party in said dispute, or claim.
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.
5
IN WITNESS WHEREOF, the parties have hereunto executed
this Revocable Permit for the purposes herein expressed the
p day and
year first above written.
CITY OF MI I BEACH
By: j / / //7
D O ' , A
. YOR
ATTEST:
FORM APPROVED
m rEvlik.1 .E DEPT.
wiL.oCITY CLERK
Data
SUNCn GROUP I, Inc.
NLI,Ja By:
W the 4 := OT . 1'14
VICE PRESIDENT
aZZAY 641-14
Witness
SWORN TO AND SUBSCRIBED before me this day of
0,446fd
1990.
e‘,gf.pr /P,
Notary Public, Stat- of
Florida at Large
My Commission Expires:
REF:REV/SUNCO.I
MAL:lm
6
, —
olik
It - .
o �`'' 4.0•r./...^/ Z i' e/6 a 0 0 (ter.,40 ) A•t4; k 1 1 4 ..
• Pf`k
b `. N a...040 NEO o r: i°at f• .
• • • c..,,c.�MLt /5 9. 9 7 (,, .o) �i�' c ct �, X .
- - - - ct.4..i. - / ` 'C • i 4,
yriMbeist...a. � t ;- .
;r ;P PIA=arts=--:1111111L"--aa w MI=-% W W/I MEI -sea---��•dr a�=�.♦ O• .
sb
s•. •
,Pt•o
41
t a. . z.. '- - ;
1 •• f- $TOICY C85 de* 0 ::
• . 4 Wit Z
i''` of••: : • t le lrreatie.
t i 2' •'• - • 1 r
DON BAR CONDOMINIUM i' •6 4°0:
A14,044bi C,-9,,2qC-9 ,,2qco ORIGINAL
j qi RESOLUTION NO. 90-20178
t
Authorizing the Mayor and City Clerk to
execute a revocable permit for the purpose
of installing a wrought iron fence in a
portion of the right-of-way at 16th Street
and Pennsylvania Avenue, abutting Lots 11
and 12, Block 59, Lincoln Subdivision, as
recorded in Plat Book No. 9, Page 69 of
the Public Records of Dade County, Florida.
(1571-1573 Pennsylvania Avenue) .