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RESOLUTION 91-20235 . i j CITY OF MIAMI BEACH ' , , . TO: Richard Gatti DATE: 2/7/91 '1 Public Works i FROM: Richard E. Brown City Clerk SUBJECT: Authorizing the Mayor and City Clerk to execute a revocable permit in favor of David Wallack for the construction of access steps, landscaping, , sprinklers, and ornamental lighting in a portion -7 of the city right-of-way on the northwest corner ,-, of 9th Street and Ocean Drive at Eastern Sun Shoppes located at 900 Ocean Drive. ; . - Enclosed are 3 copies of the above noted revocable permit for signature of the appropriate official. Please request that:. all are signed and returned to Mercy Williams in this office for execution ] by the City. -, She will subsequently forward fully executed copies to you for the contractor and for your files, together with copies of the authorizing Resolution No. 91-20235. Thank you. I , 4 ., ) 1 L4A) Clor A -'. oiokcii pi-P- , I , 1:4; PI , Ill 1 A '2.:Cir 401Lk 1 . V'I'fr A :1 1 A CITY OF DC AM I BEACH TO: Richard Gatti DATE: 1/28/92 Public Works FROM: Richard E. Brown /a City Clerk SUBJECT: Enclosed you will find the 4 agreements between Lhe City-of Miami Beach and the State of Florida Department of Transportation, authorizing the execution of such agreement and authorizing the placing of funds with the State of Florida Department of Transportation, for the completion of the utility installation, for signature by the Director of Preconstruction and Design and attestation by the Executive Secretary, together with the authorizing Resolution No. 92-20435 which have been executed by the City. Please request that the agreement in the blue-backed cover be returned to Mercy Williams in this office. She will subsequently forward fully executed copies to you for files. Thank you. `'ORM 714-117STATE OP FLORIDA DEPARTMENT OP TRANSPORTATION 1-113 D$V KION OF PRECONSTRUCTIOr AND DES1ON PAGE o� CIT`!! RESOLUTION UTILITY INSTALLATIONS • COUNTY SECTION UTILITY JOB NO. STATE ROAD NO. COUNTY NAM[ PARCEL & R/W JOB NO. • 87 060 6551 ~ A-1-A DADE P R/W N/A A RESOLUTION REGARDING UTILITY JOINT PROJECT AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION; AUTHORIZING THE EXECUTION OF SUCH AGREEMENTS; AND AUTHORIZING THE PLACING OF FUNDS WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FOR THE COMPLETION OF THE UTILITY INSTALLATION. RESOLUTION NO. 92-20435 WHEREAS, the State of Florida Department of Transportation is constructing, reconstructing or otherwise changing a portion of the State Highway System, between 75 Street-96 Street which shall call for the ad truen of Cit ' Water & Sewer and � ..,� • y facilities over and/or under said highway, AND y D WHEREAS the Cit re uires additional N/A - capacity in certain locations within the construction limits of this project, AND WHEREAS, the City has heretofore authorized that plans and specifications be prepared for the installation of said new City facilities over and/or under said highway, AND WHEREAS, the plans and specifications have been prepared and approved by N/A Engineering Company and the City Engineering Department; such plans and specifications to be made a part of the Department's highway construction contract, NOW. THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH FLORIDA: That the City of Miami Beach enter into a JOINT PROJECT AGREEMENT with the ,ad'u tment State of Florida Department of Transportation for by- the DEPARTMENT of saidmw City facilities designated as Utility Job 6551 Section 87060 , Parcel 1 R/n1 N/A RM. Job N/A , and that the City assume all costs incurred in the respective utility installations, which costs are estimated to be $ 27 000.oo ; and, That the Mayor and Ciq Clerk be authorized to enter into such agreements with the State of Florida Department of Transportation for the installation of said new City facilities, and. That the estimated costs of such utility installations as set forth above be paid in advance to the State of Florida Department of Transportation in accordance with such utility installation agreement. FORKAPA? A :`s'AND PASSED by- the City Commission the City of Mia 4 Beach FitFiteGit CEINT.session. this 22nd day of January _ V 9 BAr?/L 1"1‘. //002 Date 1ayor-Commissioner -ackfrit ATTE�T. City Auditor an Cie IPd RESOLUTION NO. 91-20235 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A REVOCABLE PERMIT IN FAVOR OF DAVID WALLACK FOR THE CONSTRUCTION OF ACCESS STEPS, LANDSCAPING, SPRINKLERS, AND ORNAMENTAL LIGHTING IN A PORTION OF THE CITY RIGHT- OF-WAY ON THE NORTHWEST CORNER OF 9TH STREET AND OCEAN DRIVE AT EASTERN SUN SHOPPES LOCATED AT 900 OCEAN DRIVE WHEREAS, David Wallack has requested a Revocable Permit (attached) for the construction of access steps, landscaping, sprinklers and ornamental lighting in a portion of the City right- of-way at 9th Street and Ocean Drive; 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 DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, that the Mayor and City Clerk are authorized to execute the attached Revocable Permit in favor of David Wallack for the construction of access steps, landscaping, sprinklers, and ornamental lighting in a portion of the City right- of-way at 9th Street and Ocean Drive. PASSED and ADOPTED this 6th day of February , 1991. MAYOR ATTEST: A � FORM APPROVED �-� LEGAL DEPT. CITY CLERK RAG/DR/nkm Date /(/ t S f f REVOCABLE PERMIT THIS AGREEMENT, made on this day of 1991 between the CITY OF MIAMI BEACH, hereinafter called the "City" and David Wallack, hereinafter called the "Permittee" . WITNESSETH WHEREAS, the Permittee is the owner of Lots 7 and 8 , Block 14 , Ocean Beach Addition # 2 Subdivision abutting the Demised Premises, 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 described as the North 1.83 feet of the right-of-way of 9th Street abutting Lots 7 and 8, Block 14 , Ocean Beach Addition # 2 Subdivision, according to the plat thereof as recorded in Plat Book 2 , Page 56 of the Public Records of Dade County, Florida, and depicted in Exhibit A attached hereto the ("Demised Premises") for the period of ten (10) 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 access steps, landscaping, sprinklers and ornamental lighting 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 all regulatory approvals, permits or licenses required 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 property is sold or leased to any party other than the Permittees. 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. 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 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 or possession of the Demised Premises. 2 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 policyshall 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 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 ofP Y a ment 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 or public right-of-way. Such right of entry shall, likewise, exist for the purpose of 3 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. 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 wishes to regain possession of the property for any reason whatsoever. 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 David Wallack, located at 900 Ocean Drive, Miami Beach, Florida 33139 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. Mai l 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 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 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 day and year first above written. CITY OF MIAMI BEACH By: ALEX DAOUD, MAYOR ATTEST: FORM APPROVED LEGAL DEPT. CITY CLERK Date 0-e-79/ CAVI K t a.,40 By. Witness •WNER Witne s TO AND SUBSCRIBED before me this ;V;SWORN day ofQ .,6 , 1991. r tad/- / qr 1 I Notary Public, State of Florida at Large My Commission Expires: NOTARY PUBLIC STATE 07 FLORIDA MY COMMISSION e. AP t .2 C,'I D93 BONOZD THRU GENERAL I S. UM. REF:REV/WALLACK PNB: lm 6 Nci , JJ1H'x � . -__,_ 6 HI A-W0171N 5211-1,,\ -z3JLt j ? 'IA 117 +4-2,0s,qczl, 0-1 - - l c,i LA5,I y3 -7,‘?-76VA 4 -3 P CA-432, 14••4►'•1 V.4 Lotalifrivg7 No;Nt-it s•c a ANC N's99.90 006 -jEt*--,c1A 1_11 N714 114g\A`91CNAVi I p (.+Ju 1�r315w �+rx,� �r1 ,acl arvn 1-►nv1•,. -, 1a1a Falx 9 aYr7*Dry 0,1G0Gl o Thso5 w�e 1_--",17Niair, May - — _- --. U *gior-L9•7i40, 14 ";� ,O-,C7, 0Oi RA S .. 9-,ct . soi,ZT�, !n-m, f—''..:.mob.7: �- -1. 4 13 01111 -.9-i , PN,a vOav �+co i p ,�v�3c,,p-, - ,acv J 3 r\% 1 ` \ i. hi. cc_1 ar.-+ 'd (dRA,--a•ci ilftf.9-,Q 004 710) ,s 1-7 2: ,,ei. C H 51/\id.5 1s 0 ' Nc A.V I.7V . . f`t`d�9 &eel /tcaiu I I Eead FLORIDA,io-13-.„, 3 3 1 3 9 '41--" C;N, 4 * INCORP 1ORATED)*, V A�,,�TIONL,�NU U. S. r�. 3•y''` ` . PCH 26,�•�°�- OFFICE OF THE CITY MANAGER CITY HALL ROB W.PARKINS 1700 CONVENTION CENTER DRIVE CITY MANAGER TELEPHONE: 673-7010 COMMISSION MEMORANDUM NO. 53-9I February 6 , 1991 DATE: TO: Mayor Alex Daoud and Members of the Cit omm' sio'P"'" --- IP FROM: Rob W. Park' s ,, \ City Cit Manage i/lAW' SUBJECT: REVOCABLE PERMIT TO ALLOW FOR CONSTRUCTION OF ACCESS STEPS, LANDSCAPING, SPRINKLERS, AND ORNAMENTAL LIGHTING IN A PORTION OF THE CITY RIGHT-OF-WAY ON THE NORTHWEST CORNER OF 9TH STREET AND OCEAN DRIVE AT THE EASTERN SUN SHOPPES LOCATED AT 900 OCEAN DRIVE Attached is a Revocable Permit for the Eastern Sun Shoppes. The Administration is requesting that the attached Revocable Permit be executed to allow for construction of access steps, landscaping, sprinklers, and ornamental lighting in a portion of the City right- of-way of on the corner of 9th Street and Ocean Drive at the Eastern Sun Shoppes located at 900 Ocean Drive. ADMINISTRATION RECOMMENDATION: The Administration recommends approval of the Revocable Permit. RWP/RAG/DR/nkm Attachment • . ii AGENDAa _ 4 _ ) , • ITEM_ DATE 4,_,- ORIGINAL RESOLUTION NO. 91-2023.E Authorizing the Mayor and City Clerk to execute a revocable permit in favor of David Wallack for the construction of access steps, landscaping, sprinklers, and ornamental lighting in a portion of the City right-of-way on the northwest corner of 9th Street and Ocean Drive at Eastern Sun Shoppes located at 900 Ocean Drive.