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RESOLUTION 91-20423 RESOLUTION NO. 91-20423 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A REVOCABLE PERMIT IN FAVOR OF ROGER J. SCHINDLER AND LESLIE SCHINDLER FOR THE CONSTRUCTION OF A WROUGHT IRON FENCE AND AUTOMATIC GATE IN WEST 59TH STREET AND NORTH BAY ROAD. WHEREAS, Roger J. Schindler and Leslie Schindler have requested a Revocable Permit (attached) for the construction of a wrought iron fence and automatic gate; 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 in favor of Roger J. Schindler and Leslie Schindler for the construction of a wrought iron fence and automatic gate in West 59th Street and North Bay Road. PASSED and ADOPTED this 18th "-ea, of D-c- ber , •9i . l YOR ATTEST: FORM APPROVED CITY CLERK IFrAL DEPT. PNB: lm B C\RESOLUTIONS\SCHINDLE.REV /A/2.Date0 • • CITY O MIAMI BEACH (C1111 CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 OFFICE OF THE CITYTELEPHONE: (305) 6737010 MANAGER FAX: (305) 673 7782 COMMISSION MEMORANDUM NO. Y9S- DATE: December 18, 1991 TO: Mayor Seymour Gelber and Members of the City Commission FROM: Carla Bernabei Talarico City Manager REQUEST FOR REVOCABLE PERMIT FOR CONSTRUCTION OF SUBJECT. A WROUGHT IRON FENCE AND AUTOMATIC GATE AT WEST 59 STREET AND NORTH BAY ROAD. The City of Miami Beach has received a request for a revocable permit to construct a gate and fence across the street end of 59 Street west of Bay Road. The public right-of-way stops 25 feet from the water and is generally not used by the public. The applicant's request for reasons of security and privacy are reasonable. Staff concern is the precedent this request sets and the ramifications to other street end issues where there are slightly different circumstances.By approving the revocable permit, the City essentially gives 60 feet of fairly valuable land for the exclusive use of one property owner. On the other hand, vacating the property for the land value and maintaining utility easements would derive income from the sale and puts the property on the tax roll. There is a legal question as to the transfer of title for a publicly dedicated right-of-way which has to be reviewed. Each circumstance is slightly different and has to be reviewed, however, disposing of some street ends and putting them on the tax roll is worth considering. Towards that end, it recommended that the revocable permit be denied and that this matter be referred to the appropriate committee to develop a formal Commission policy. ADMINISTRATION RECOMMENDATION: The Administration recommends that the revocable permit be denied and that this matter be referred to the appropriate committee to develop and recommend formal policy for Commission consideration. CBT/RAG/DR/b AGENDA ,..?? TEM • •40 DATE /42 f/ 2RU40 '46 12 FEB 134 15:?5 OFF. 4Z2.5370 f pEC. REVOCABLE PERMIT (RESIDENTIAL PROPERTY) 1'V Sday ofTHIS AGREEMENT, made on this , 1992 between the CITY OF MIAMI BEACH, (the "City") and Roger J. Schindler and Leslie Schindler, (the "Permit W) • • WITNESSETH WHEREAS, the Permittee is the owner of the property abutting the Demised Premises to the south, i.e. Lot 25, Block 1A, La Gorce Subdivision, Plat Book 14 , Page 43 of the Public Records of Dade County. Florida, and outlot at end of West 59th Street, and WHEREAS, the Permittee wishes to make an improvement on the Demised Premises. 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 as described in Exhibit A attached hereto for the period of twenty (20) years commencing on January 15 , 1992 (the "Demised Premises") . 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. ARTICLE I USE OF DEMISED PREMISES BY PERMITTEE The Permittee shall .ase the Demised Premises for the construction of a wrought iron fence and automatic gate in the exact configuration as described 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 1 Lt5'M46 41i for the placement 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 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 Demised Premises shall be made by the City. ARTICLE IV INDEMNIFICATION Permittee agrees that it will indemnify, hold and save the City, their officers, agents, contractors and employees whole and harmless and at City' s optic.l defend same, from and against all claims, demands, actions, damages, loss, cost, liabilities, expenses and judgments of any nature recovered from or asserted against City on account of injury or damage to person or property to the extent that any such damage or injury may be incident to, arise out of, or be caused, either proximately or remotely, wholly or in part, by any act, omission, negligence or misconduct on the part of Indemnitor or any of its agents, servants, employees, contractors, guests, licensees or invitees or of any other person entering upon the Demised Premises used hereunder with the express or implied invitation or permission of Indemnitor, or when any such injury or damage is the result, proximate or remote, of the violation by Indemnitor or any of its agents, servants, employees, contractors, guests, licensees or invitees of any law, ordinance or governmental order of any kind, or when any. such injury or damage may in any other way arise from or out of the use by Indemnitor, its agents, servants, employees, contractors, patrons, guests, 2 AEC. ur• 5374PG 424 licensees or invitees of the Premises used hereunder, or arises out of any action challenging the granting or legality of this Revocable Permit. Indemnitor covenants and agrees that in case City shall be made party to any litigation against Indemnitor, or in any litigation commenced by any party against any party other than Indemnitor relating to this Agreement or to the Premises used hereunder, then Indemnitor shall and will pay all costs and expenses, including reasonable attorney's fees and court costs, incurred by or imposed upon City by virtue of any such litigation, including appeals. 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 at any time for the purpose of inspecting or to gain access to or repair any utilities located within any City easement. 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 Demised 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 3 ' p c. J 3 become a lien' upon the Permittee's abutting property, which may be foreclosed within one year of its filing. ARTICLE V I I REVOCATICN OF PERMIT It is understood and agreed between the parties hereto, that the City may, in its sole discretion, upon ten days ' written notice to the Permittee, cancel or terminate this permit. 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 Roger J. Schindler and Leslie Schindler, located at 5860 North Bay Road 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. 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 improvelaents. The Permittee shall be responsible for the expenses of putting the Demised 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 Demised Premises to such condition. The Permittee agrees to reimburse the City for 4 • I, IVE 1 tiai all such expenses within thirty (30) days of mailing of a statement to the Permittee at the address indicated in Article 8 . 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 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 -reunto executed this Revocable Permit for the purposes herein - : •ressed the day and year- first above written. •.,.�� (1 � CITY * MI • BE • CH t ,,./. . . v ... ''', i ;4', lir‘i-at,-. 1 +• :C.A - -, // EYMOJ. GEL? R, vis O' AT1\EST:r . M N \ CjY4\ i Cle,tk r. 11. r t ", i t s r ' � 0.- I 16'CO• ° ,,r ' CO .11---- r//3/:/// 1/ Witnes- WO Wx Sid . 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Schindler and Leslie Schindler have requested a Revocable Permit (attached) for the construction of a wrought iron fence and automatic gate; and WHEREAS, Y the Cit Manager recommends granting the Revocable Attorney Permit and the Cityhas 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 in favor of Roger J. Schindler and Leslie Schindler for the construction of a wrought iron fence and automatic gate in West 59th Street and North Bay Road. , PASSED and ADOPTED this 18 of D c- ber , .l.9,F . 4 ....,_ YOR Apr ATTEST: —ec,.,.L.A. z .-- „,„,..,_ FORM APPROVED CITY .CLERK :Ty VGA DEPT. PtitiOn5 ;..: i., P.,,,.,R0,.; % :-... , 314.117.70%-:P.-- , • Vititi4E.REV STAT ','".;,-,1 ,,, Date ...21.Z,LVZie_ COU d ; 'foekr ,,s,N.L1 :1 f.,... s ,., C� -4.eI Irk of the - .1-F1 1.4 �� i hereb certify d Y CO',�ty��o f s .. tha • 1' iij is rue and cor- jn this �A 1cco i e file Ff,c r� o re c t co•y a 4 coR DEp IN Root*. office. , ,<G o'DA"c°�eo. .o �,, � ��� coaovEaiF �al aE �`cu�t& WITNESS�'my�liTt� a,��1' `.seal of said City �b this dlay of�^4'`*.ty . i!ka.p. 19 9 2— RICHARD E. BROWN City Clerk of the City of Miami Beach,Florida rittzl,c-__i_t_44;) td 4 te4 4-6-,—)By: Deputy ORIGINAL REST LUTION NO. 91-20423 Authorizing the Mayor and City Clerk to execute a revocable permit in favor of Roger J. Schindler and Leslie Schindler for the construction of a wrought iron fence and automatic gate in west 59th Street and North Bay Road.