RESOLUTION 91-20299 RESOLUTION NO. 91-20299
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 INSTALLING TREE GRATES,
SPRINKLERS AND LANDSCAPING IN A PORTION OF THE
RIGHT-OF-WAY OF 14TH STREET AND COLLINS
AVENUE, ABUTTING LOTS 8 AND 9, BLOCK 26, 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. (1402 COLLINS AVENUE)
WHEREAS, the Amoco Oil Co. , 200 East Randolph Drive, Chicago,
Illinois 60601, has requested a Revocable Permit for the purpose of
installing tree grates, sprinklers and landscaping in the right-of-
way of Collins Avenue and 14th Street, abutting Lots 8 and 9 , Block
26, of 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,
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 for the purpose
of installing tree grates, sprinklers and landscaping in a portion
of the City right-of-way abutting Collins Avenue and 14th Street.
PASSED and ADOPTED this 5th day of June , 1991 .
Lt../ / / d(
OF
MAYOR
ATTEST:
//
FORM APPROVED
CuL\IIJ E:Ilaw's°
CITY CLERK LEGAL DEPT.
RWP/RAG/DR/nkm 8Y -
Date
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REVOCABLE PERMIT
THIS AGREEMENT, made on this 7th day of June 1
1991 between the CITY OF MIAMI BEACH, hereinafter called the "City"
and Amoco Oil Company, a Maryland corporation, hereinafter called
the "Permittee" .
WITNESSETH
WHEREAS, the Permittee is the owner of the properties abutting
the Demised Premises, i.e. , Lots 8 and 9, Block 26 Ocean Beach
Addition #2 , according to the plat thereof recorded in Plat Book 2 ,
Page 56 of the Public Records of Dade County, 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
two tree grates in the West 11 ' x 3 ' of Collins Avenue and two tree
grates in the North 3 'x 3 ' of the right-of-way of 14th Street
abutting Lots 8 and 9, Block 26, Ocean Beach Addition #2 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 ("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 tree grates, sprinklers and landscaping 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 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 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
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 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 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
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 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,
cancel or terminate this permit if the City in its sole discretion
needs the property for any reason.
3
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. Oscar Mendoza, Amoco Oil Company Florida Project
Manager, located at 161 Medeira Avenue No. 39, Coral Gables, FL.
33134 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 VIII. 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
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.
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 4IAMI BE
By•
A .'X DAOUD, MAYOR
ATTEST:
FORM APPROVED
,, LEGAL DEPT,
CITY CLERK - Z •
Date .5/ /
AMOCO OIL COMPANY
a Maryland corporation
Witness
W. A. LENCZYCKI
�eal Estate Manages
Oat
Witnes
SWORN TO AND SUBSCRIBED BEFORE ME THIS day of l'e ‘r(-01-.1
1991.
,. OFFICIAL SEAL "
A0,0°
S I MCN L. LOVE d�^
NOTARY PUBIC, STATE OF ILLINOIS
MY COMMISSION EXPIRES 4/5/92 Nc tary Public, State of Illinois
My Commission Expires:
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"V ACATIONLAND U. S. A.
OFFICE OF THE CITY MANAGER CITY HALL
1700 CONVENTION CENTER DRIVE
TELEPHONE: 673-7010
COMMISSION MEMORANDUM NO.
DATE: (42 / /
TO: Mayor Alex Daoud and
Members of the City Commission
FROM: Carla Bernabei Talarico
City Manager
SUBJECT: REVOCABLE PERMIT FOR THE PURPOSE OF INSTALLING
TREE GRATES, SPRINKLERS, AND LANDSCAPING ON
THE WEST SIDE OF COLLINS AVENUE AND THE NORTH
SIDE OF 14TH STREET, ABUTTING LOTS 8 AND 9,
BLOCK 26, 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, 1402 COLLINS
AVENUE.
Attached is a Revocable Permit for the purpose of installing tree
grates, sprinklers, and landscaping, across the City right-of-way
on the west side of Collins Avenue and the north side of 14th
Street, abutting Lots 8 and 9, Block 26, Ocean Beach, Addition #2
Subdivision, as described in the attached Exhibit A.
ADMINISTRATION RECOMMENDATION:
The Administration recommends approval of the Revocable Permit.
CBT/RAG/DR/nkm
Attachment
AGENDA •
ITEM
DATE /0/51 q I
•
1111111111111111111.. _
CITY OF
f
l'ArszAhlll BEACH
Domingo Rodriguez June 12, 1991
TO: Assistant Public Works Director
DATE
Richard E. Brownl/'
FROM: City Clerk
A revocable permit for the purpose of installing tree grates,
SUBJECT: sprinklers and landscaping in
p g a portion of the right-of-way of 14th
Street and Collins Avenue, abutting Lots 8 and 9, Block 26, 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. (1402 Collins Avenue)
11
Enclosed is the original of the above noted quit-claim deed for
recording, together with a copy of the authorizing Resolution No.
91-20299, which has been executed by the City. When these have been
recorded please return the documents to us.
Thank you.
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ORIGINAL
RESOLUTION NO. 91-20299
Authorizing the Mayor and City Clerk to
execute a revocable permit for the
purpose of installing tree grates,
sprinklers and landscaping in a portion
of the right-of-way of 14th Street and
Collins Avenue, abutting Lots 8 and 9,
Block 26, 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. (1402 Collins Avenue)