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RESOLUTION 91-20349 RESOLUTION NO. 91-20349 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONSENT TO ASSIGNMENT OF A REVOCABLE PERMIT FROM CLUB EDEN ROC, INC. TO THE MCDOEL HOTEL, INC. FOR THE USE OF THE WESTERLY 27 .7 FEET ADJACENT TO THE SEAWALL ON INDIAN CREEK OF OUT-LOT #7 AMENDED PLAT OF INDIAN BEACH CORPORATIONS SUB. (8-61) WHICH IS DIRECTLY ACROSS FROM THE MUNICIPAL PARKING AREA #P-19 AT 46TH STREET AND COLLINS AVENUE. WHEREAS, the City of Miami Beach granted a Revocable Permit to Florida East Coast Properties, Inc. pursuant to City Commission Resolution No. 89-19744 approved October 4 , 1989 (the "Revocable Permit") ; and WHEREAS, the Revocable Permit provides for the use of the westerly 27 . 7 feet adjacent to the seawall on Indian Creek of out- lot #7 amended plat of Indian Beach Corporation' s sub. (8-61) which is directly across from the municipal parking area #P-19 at 46th Street and Collins Avenue: and WHEREAS, Florida East Coast Properties, Inc. assigned its rights in the Revocable Permit to Club Eden Roc, Inc. and pursuant to Resolution No. 90-20014 adopted June 20, 1990, the City conserted to the Assignment; and WHEREAS, Club Eden Roc, Inc. is desirous of assigning its rights under the Revocable Permit to The McDoel Hotel, Inc. and The McDoel Hotel, Inc. is desirous of assuming those rights, and an assignment has been executed by the parties. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Clerk are hereby authorized to execute a consent to assignment of Revocable Permit from Club Eden Roc, Inc. to The McDoel Hotel, Inc. for the use of the westerly 27 . 7 feet adjacent to the seawall on Indian Creek of out-lot #7 amended plat of Indian Beach Corporation' s sub (8-61) which is directly across from the municipal parking area #P- 19 at 46th Street and Collins Avenue. PASSED and ADOPTED this 11th day of September , 1991. ATTEST: e'k(„Lc .5A, City Clerk Vice-May.' PNB: lm C:\resoluti\edenroc.con FORM APP1O''[D August 27, 1991 LE L DEPT. By et-4%, Date 7 9, ,..),l• - 1-..X' - -•- - _ ^_" .l. - - .,(.-•..yam .Z,.-.,: y, .r i ..J- f' '.- •.y g �',' i .'s ¢ .-... •Jffir:i : `.u.i'�.wig-2-'-..i.:W'tt.'vl:?�.1.-.li.rt.A_....Yl.a/.Y.Yv.s.r..Y6:._.i a.r.+'.'�•.JGfr.ijG:�tLa:.:i-ti.=.sv;..;t...ia:as:Y Y.L ♦• :ia`.-....1....�..•.a.s.[�:«4c......ins..9..-_'.tr:+i--:wt:lrrwt_]L'''si's:�t:i✓i..�:7fi�':.�3 ida3.►Atiiev`l3r.le:x+...s.:•:�.it?�-o ti-!•?aas.1�.'.t.+: ',�5aa.S.+ri.-.y w v:• - • &PO /44# I Fead FLORIDA 3 3 1 3 9 {*`INCORP ORATED t'V,4 C A TIONL,41V D U. S. A. • •.--,t/7-2-ei . OFFICE OF THE CITY MANAGER CITY HALL 1700 CONVENTION CENTER DRIVE TELEPHONE: 673-7010 COMMISSION MEMORANDUM NO. DATE: September 11, 1991 - TO: Mayor Alex Daoud and Members of the City C mmission (1, FROM: Carla Bernabei Talarico City Manager SUBJECT: ASSIGNMENT OF REVOCABLE PERMIT FROM CLUB EDEN ROC, INC. TO THE MCDOEL HOTEL, INC. FOR THE USE OF A PORTION OF THE SEAWALL ON INDIAN CREEK DIRECTLY ACROSS FROM MUNICIPAL PARKING AREA AT 46TH STREET AND COLLINS AVENUE HISTORY AND BACKGROUND: Pursuant to City Commission Resolution No. 89-19744 , approved October 4 , 1989, the City granted to Florida East Coast Properties, Inc. a Revocable Permit for use of the Westerly 27 . 7 feet adjacent to the seawall on Indian Creek of Out-Lot #7 Amended Plat of Indian Beach Corporation' s Sub. (8-61) which is directly across from the Municipal Parking Area #P-19 at 46th Street and Collins Avenue. Pursuant to City Commission Resolution No. 90-20014 , approved June 26, 1990 the City consented to an assignment of the Revocable Permit from Florida East Coast Properties, Inc. to Club Eden Roc, Inc. , as owner of the hotel and marina which is adjacent to the permitted premises. The counsel for Club Eden Roc, Inc. has requested the City' s consent of the assignment of the permit to the new owner of the Eden Roc Hotel, The McDoel Hotel, Inc. (Copy of correspondence attached) . Under the proposed assignment, The McDoel Hotel , Inc. will assume and abide by the terms and conditions of the Revocable Permit. All terms and conditions of the Revocable Permit otherwise remain unchanged. ADMINISTRATION RECOMMENDATION: The City Administration recommends that the City Commission approve a Resolution authorizing the Mayor and City Clerk to execute a consent to assignment of the Revocable Permit from Club Eden Roc, Inc. to The McDoel Hotel, Inc. for the use of the westerly 27 . 7 feet adjacent to the seawall on Indian Creek of out-lot #7 amended plat of Indian Beach Corporation' s sub. (8-61) which is directly across from the municipal parking area #P-19 at 46th Street and Collins Avenue. CBT:WHH:HCM:m • AGENDA 62 • 26 ITEM G j DATE _. P.. - ..'! • '''•3 ..:l'Z.. .l':1. ,p;...s/r. 1 t' •.y- .S. T 'Y J'•. . "• ' .. - . .. - .. ,.,..: _ .i:.;.^. ... ASSIGNMENT �y THIS ASSIGNMENT made this \. day of June, 1991, by CLUB EDEN ROC, INC. (the "Assignor") to THE McDOEL HOTEL, INC. (the "Assignee"). IN CONSIDERATION of the sum of Ten ($10.00) Dollars paid by Assignee to Assignor, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Assignor hereby transfers, grants, conveys, sells and assigns to Assignee, all of Assignor's right, title and interest in that certain Revocable Permit dated October 11, 1989 between Florida East Coast Properties, Inc. and the City of Miami Beach recorded in Official Records Book 13327, Page 2504, and which Revocable Permit was assigned to Club Eden Roc, Inc. by instrument recorded in Official Records Book 14617, Page 2672, all of the Public Records of Dade County, Florida. 2. Assignee hereby accepts this Assignment and agrees to perform all conditions contained in said Revocable Permit, and agrees to assume all obligations under said Revocable Permit as of the date of this Assignment. IN WITNESS WHEREOF, the parties hereto have hereunto executed this Assignment the day and year first above written. Signed, sealed and delivered CLUB EDEN ' OC, I in the prese. e of: By: At....ril*/ President THE a.OEL OTEL, INC. / By: V / AEI1AW �.: ce.President CONSENT The City of Miami Beach hereby consent to the foregoing Assignment of the Revocable Permit to The McDoel Hotel, Inc. CITY OF MIAMI BEACH Attest: _• Ltc L • B NO. Clerk FORM APPROT1t1 Vice-Mayoro2 r LEGAL DEPT. STATE OF FLORIDA 6: 2la-urs COUNTY OF DADE • Date acknowledged before me this .l) dayof June, 1991,by -1-) ��'gl.- v The foregoing instrument was ick g as President of CLUB EDEN ROC, INC., a Florida corporation,to me well known to be the person described in and who executed the foregoing and duly acknowledged before m that sai. instrument is the ac deed of said corporation. R'``��'•. OFF I C I otary blit,State of Florida at Large " r,:1�wI , s SFAs, . N • TASSEL UnLIC-F0 • 0MiibigtnIVW A •,.... N�l:� 7t;,?1i GEN1994 STATE OF FLORIDA • : ss.: COUNTY OF DADE The foregoing instrument was acknowledged before me this L) day of June, 1991, by Jioi ,..-' me as Vice President of THE McDOEL HOTEL, INC., a Florida corporation, to me well •. n to be the person described in and who executed the foregoing and duly acknowledged before • e that said i t is the a d deed of said corporation. Notary Pu lic, State of Fl da at Large , �ar•r�;,k,• � i�•FICIALoimS� J A f PIALIC-FCCRID 1, 061791b •,NarlAt Y COVIIEXP: • •...•• A ? 19,1 • _ r..�.-....__ •.S-.-.lam-M.'..•*-,l•.` l .tl •.. I',•A. .•A '-- ,.-.• A�1M , • ...r.1. - •s ` • • • BROADand CASSEL4 REPLY TO: Court• House Center • Suite 2000 ATTORNEYS AT LAW • 11• 2 3 175 Northwest First Avenue 7.\ II ^ �, `' Miami, Florida 33128 Miami(305) 371-9100 • • _ Broward(305)763-2070 Telecopy 373-9443 WRITER'S DIRECT LINE: 373-9420 July 23 , 1991 John Dellagloria, Esq. Office of the City Attorney City of Miami Beach City Hall 1700 Convention Center Drive Miami Beach, Florida 33139 Dear John: I hate to keep bothering you, but you are the only sole I know over at that office so I have no choice. Club Eden Roc, Inc. has recently transferred the Eden Roc Hotel to the McDoel Hotel, Inc. I am attaching herewith original Assignment of the Revocable Permit covering the 1/2 of the base that extend beyond the hotel in front of the public parking lot. To make it easy for you, I am enclosing copies of the following: 1. Assignment of Revocable Permit recorded in Official Records Book 14617 , Page 2672 . 2 . Resolution No. 90-20014, recorded in Official Records Book 14617, Page 2673 . 3 . original Revocable Permit recorded in Official Records book 13327, Page 2504 . 990 Hammond Drive, N.E. 2150 Parklake Drive. N.E. 7777 Glades Road One Financial Plaza Atlanta, Georgia 30328 Atlanta, Georgia 30345 Boca Raton, Florida 33434 Fort Lauderdale, Florida 33394 (404) 393-2100 (404) 938-7200 (407) 483-7000 (305) 764-7060 Telecopy 483-7321 Telecopy 761-8135 Suite 500 1051 Winderley Place 14003 N. Dale Mabry Highway 820 East Park Avenue The Reflections Office Centre Maitland, Florida 32751 Tampa, Florida 33618 P.O. Drawer 11300 400 Australian Avenue South (407) X60-8984 ( 13) 962-0027 Tallahassee, Florida 32302 West Palm Beach, Florida 33401 Telecopy 660-0847 Telecopy 960-8959 (904) 681-6810 (407) 832-3300 Telecopy 655-1109 • .. --- _�..r.. .��r.N..i' ..','N 1, . :', y•.'.t`..!' `.•/ 1yi.JrF•Mr.•M r,uiw.i.1.Z..1 V. a.«..... ... MVt•1.,. - - . . r • _. _ John Dellagloria, Esq. July 23 , 1991 Page 2 Would you be so kind as to take whatever steps are necessary to secure approval of this Assignment and return the original back to me for recording with the appropriate City Resolution. Sincerely yours, BROAD D CASSEL / MSC/smb MA.RWIN eCASSEL, P.A. enc. BROAD and CASSEL ORIGINAL RESOLUTION NO. 91-20349 Authorizing the Mayor and City Clerk to execute a consent to assignment of a revocable permit from Club Eden Roc, Inc. to the McDoel Hotel, Inc. for the use of the westerly 27. 7 feet adjacent to the seawall on Indian Creek of out-lot #7 amended plat of Indian Beach Corporation's Sub. (8-61) which is directly across from the municipal parking area #P-19 at 46th Street and Collins Avenue.