Loading...
RESOLUTION 91-20390 RESOLUTION NO. 91-20390 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, RATIFYING THE ACTION OF THE CITY MANAGER IN EXECUTING AN AMENDMENT TO A REVOCABLE PERMIT ENTERED INTO BETWEEN THE CITY OF MIAMI BEACH AND SUNCO GROUP I, INC. , A FLORIDA CORPORATION, DATED NOVEMBER 21, 1990. WHEREAS, on November 21, 1990, pursuant to City Commission Resolution No. 90-20178, the City issued a Revocable Permit to the Sunco Group I, Inc. , 13382 S.W. 128th Street, Miami, Florida 33186, which had 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, on October 9 , 1991 the City Commission authorized the City Manager to execute documents during the month of November, 1991; and WHEREAS, on November 6, 1991, the City Manager executed an Amendment the... Permit which amendment nad as its purpose to clear any title defects, a copy of which amendment is attached hereto. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the City Commission hereby ratifies the action of the City Manager on November 6, 1991 in executing an Amendment to a Revocable Permit entered into between the City of Miami Beach and Sunco Group I, Inc. , dated November 21, 1990 , a copy of which is attached hereto. PASSED and ADOPTED this 4th ay:.:-o December , 1991 MAYOR ATTEST: CITY CLERK FORM APPROVED PNB: lm LEGAL DEPT. C:resoluti/sunco.ame BY November 21, 1991 Date /� 1 k- CITY OF MIAMI BEACH (r1 CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 OFFICE OF THE CITY MANAGER TELEPHONE: (305) 673-7010 FAX: (305) 673-7782 COMMISSION MEMORANDUM NO. 4/i597/ DATE: December 4, 1991 TO: Mayor Seymour Gelber and Members of the City Commission 411 FROM: Ca►ia Bernabei Talarico i City Manager SUBJECT: REVOCABLE PERMIT TO ALLOW FOR CONSTRUCTION OF A WROUGHT IRON FENCE AND AUTOMATIC GATE IN WEST 59 STREET AND NORTH BAY ROAD Attached is a revocable permit for the construction of a wrought iron fence and automatic gate in West 59 Street and North Bay Road as described in Exhibit A. ADMINISTRATION RECOMMENDATION: The Administration recommends approval of the revocable permit. CBT/RAG/DR/b 01 AGENDA3 ITEM ow DATE /a v-v AMENDMENT TO THE REVOCABLE PERMIT ENTERED INTO BETWEEN THE CITY OF MIAMI BEACH AND BUNCO GROUP I, INC. , A FLORIDA CORPORATION DATED NOVEMBER 21, 1990. THIS AMENDMENT TO THE REVOCABLE PERMIT made and entered into this 6th day of November , 1991, by and between the City of Miami Beach, Florida, a municipal corporation (hereinafter referred to as "CITY") and Sunco Group I, Inc. , a Florida Corporation, (hereinafter referred to as "PERMITTEE) . WITNESSETH WHEREAS, the CITY and PERMITTEE entered into a Revocable Permit on November 21, 1990 for the exclusive use of a City Right- of-Way easement legally described 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 9, Page No. 69 of the Public Records of Dade County, Florida, and WHEREAS, PERMITTEE wishes to assign said revocable permit to Don-Bar Condominium Association, Inc. who intends to build the condominiums on the property abutting the permit property, and WHEREAS, in order for Don-Bar Condominium Association, Inc. to sell said condominiums free from any defects or clouds in the title, Article 2, entitled IMPROVEMENTS BY PERMITTEE of said revocable permit requires modification. NOW, THEREFORE, THE CITY AND SUNCO GROUP I, INC. , in consideration of the mutual covenants and agreements herein contained and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, agree as follows: 1. The above recitations are true and correct and are incorporated herein by reference. 1 „/.,.i. 2 . Article 2 . IMPROVEMENTS BY PERMITTEE shall be amended to read as follows: 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. Removal shall not be required e-r if either the property is sold or leaGed to any third party or i ' 1 • '.v' . . 2 * _ _ e • . • or - -s-_ • . ! third party ether 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. 3 . Except as modified by the terms of this Amendment, all terms and conditions of the Revocable Permit are hereby ratified and confirmed. IN WITNESS WHEREOF, the parties hereto have caused these presents to be signed and their corporate seals to be affixed, attested by their witnesses and the City Clerk, this 6th day of November 1991. ATTEST: 1 -fd,,c,..,A- E.. '6-%47..., / IVO . il • rr CITY CLERK .:. : * (lab n11^ -{r- WITNESSES: SUNCO GROUP I , INC. 6rou Z, t f2-/)/!.f-A4___- Li) ?"--)a_ e4:'r------' �f By: 740/ AIPP '''' 5 ") Signature .cdtt Parker S Vice-President V '/ " / 4' 7elree/t--<, Prin Name 2 IfIt ,„1,( cl , ,„, /, FORM APPROVED Si n u e LGALDEPT. t .w 1,\ . I( t By Print Name Date /Vie/ revperm.amd 2 ASSIGNMENTA2112linn_kr_REY2QABLE_REBNIT IN CONSIDERATION of the mutual covenants and agreements herein contained and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Bunco Group I, Inc. , a Florida corporation, does hereby assign, transfer, convey and set over unto Don-Bar Condominium Association, Inc. , a Florida corporation, all of its right, title and interest in that certain revocable permit dated November 21, 1990, by and between the City of Miami Beach and Bunco Group I, Inc. DATED: ,Y"l/A Y , 1991. ATTEST: Bunco Group I, Inc. co G^o s N1 S'd!-L By: rp4% ;2' By: , orate Secretary t/a &-Pr' le- dent ACCEPTANCE OF ASSIGNMENT Don-Bar Condominium Association, Inc. does hereby accept the foregoing assignment and agrees to assume and abide by the terms and conditions of the above described Revocable Permit as amended. DATED: AW, G , 1991. ATTEST: Don-Bar Condominium Association, Inc. / 9,, t) BY: 41t1100.4r By: C- porate Secretary es dent ssm CONSENT TO ASSIGNMENT CITY OF MIAMI BEACH, hereby consents to the foregoing Assignment. DATED: tjev4.4.42,4,%. , 1991. ATTEST: CITY OF MIAMI BEACH CITY CLERK FORM APPROVED REVOCPER.ASS LE DEP .., T. 6y Date o 4,/ 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 described 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 (2 0) 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 u ht iron fence in the exact configuration as depicted in Exhibit t A, attached hereto and incorporated herein. No improvementanykind shall be made to the demised premises other of 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,a rovals, permits or licenses required p for the retention of such improvements upon the demised premises. All improvements madeby 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 • . Removalby the City of any improvements made by the Permittee or portion 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 ses in a safe, clean condition, free of grease or refuse and debris. Determination of the condition of saidp remises shall be made by the City. 2 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. ARTICLE V INSURANCE The Permittee hereby agrees to provide and maintain General LiabilityInsurance, including premises liability and contractual liability in the amount of $1, 000, 000 per occurrence for bodily injury'ury and property damage, or such other amount as may be approved bythe City's Risk Manager. The City shall be named as Pp an additional insured on the Permittee' s insurance policy and the policy shall be endorsed to reflect the City as an additional insured. ARTICLE VI NO LIABILITY FOR PERSONAL PROPERTY All ersonal property placed or moved on the Demised P 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 anyof its agents, shall have the right to enter upon the Demised Premises during all reasonable working hours for the purpose inspecting of ins ectin 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 improvements, alterations or landscaping which removing structures, p 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 revocablepermit.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 property, which may be foreclosed within one year of its filing. p Y► 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, F 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 CityManager and mailed or delivered to the City of Miami Beach,each 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 hagiaHmENI Without the written consent of the City first obtained in each case, the Permittee shall not sublet, assign, transfer, mortgage,e, pledge, or dispose of this permit for the term hereof. g 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 expensesincurred bythe 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, option,its o tion, may seek such other remedies as may be allowable by law. Permittee shall pay all of City' s costs of litigation including ation 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 WHEREOr, to parties have hereunto executed this Revocable Permit for the purposes herein expressed the day and year first above written. CITY OF MI I BEACH By: .1 ai, D• O i , • YOR ATTEST: FORM APPROVED 1.E DEPT. --skrzi7)CITY CLERK /js/9 0 Dal* SUNCn GROUP I, Inc. Witne . - • R 0 104 • -' VICE PRESIDENT ) / ( ;Lce� Witness SWORN TO AND SUBSCRIBED before me this jdday of 1990. aatar fS ,# Notary Public, Stat- of Florida at Large My Commission Expires: REF:REV/SUNCO. I MAL: lm 6 a it Ilk t %.1 — -' 0 1 4.0•Cal••..•/ £ I i NI .. . .it 41"K /LO.4O (eJc 'Lo ) �► k 4 ,. • "I. w •Ed N t.,�.r•M!�c40.2p �$'9, 9 7 f kesee O e!GC v 4 i • . o t'c••rt (fiac.o) Iv t 1 l. i s t ..I c d- SOLO 01 �► r. Mgfirm.1.1.- �s am.s Jr • • b %.t �` r- sTo.e Y CBS ! ` Z. i. . ./ .. . . i t: i''' 4 -, 16 b i'•` 11 %.; %• 4/c: t .r2. f• DON BAR CONDOMINIUM �. to 1_ 1 t ; •. vl t II? e. ! -: :. t • I. "c t^ I A il b.• • n Ir. • or O/ • .r 11111111. rte- 0 i' relk - p •k 0% F ©;* O , ..il 1 1 •• •1- 1 `�' - •a , ‘ . L 0 • ytlt I N. Co . ` • ' - 44,, . ,7 O . ••.. Ci • Z t11110,4 . , • . x • • ,,. 55.0" Nt •—:„ rr ,� m ,� P •. r X3.20 'z. I ). v x 4 I I - k a - .- A ...I(:'; I. NI • . ;CI .---, ...z ...... 1 4 2 370ie Y C a 5 4., . • .2 4 1-I cu 1 •!.. . k r '� DON BAR CONDOMINIUM * s - ' �_ No.db," ' t., '!. ' 1573 :t • •,. , ftl ::-., R - ' li ..•;r: •:: y' tiEgAr 1RW 4f tEEI4s 6 d N., - Z�(4 IBEEI uO r-7 ' • 04,- ,44/ ix,4.-s. .T i-1:177H(31/47 - 7 s-••--4- eil TIed �"e' li •Jr- - ... ....._ • tip, -co.vc 'Y./Z t : • - . - P . .: --:-...---7....----.-----.:-.7-7ms 411,it.1.. . a'G.' (thee .Ci'TTE/e • '1‘N tar /44. o'(EECO't)J ♦5'9. 97 7Pi1Lo)i 41/4 :::t ;• o I11. • r0N3 ' o k4,i gi • - - v kl) 11 / a r to S TR.. 7 LEGAL DESCRIPTION: 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. ORIGINAL RESOLUTION NO. 91-20390 Ratifying the action of the City Manager in executing an amendment to a revocable permit entered into between the City of Miami Beach and Sunco Group I, Inc. , a Florida Corporation, dated November 21, 1991. )2e_b, `/C) 2-0/ 78 • r�