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RESOLUTION 92-20437 F 1 I 0 4 RESOLUTION NO. 92-20437 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 WASHINGTON STORAGE COMPANY, INC. FOR THE INSTALLATION OF 16 STREET LIGHTS, A STAINLESS STEEL STRUCTURE, TREE GRATES, ELECTRIC, LIGHTING, SPRINKLERS AND LANDSCAPING IN THE SIDEWALK AREA ABUTTING THE BUILDING FOR WASHINGTON STORAGE COMPANY, INC. LOCATED AT 1001 WASHINGTON AVENUE. WHEREAS, Washington Storage Company, Inc. , 1001 Washington Avenue, has requested a Revocable Permit (attached) for the installation of 16 street lights, a stainless steel structure, tree grates, electric, lighting, sprinklers and landscaping in the sidewalk area abutting the building for Washington Storage Company, Inc. ; 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 Washington Storage Company, Inc. for the installation of 16 street lights, a stainless steel structure, tree grates, electric, lighting, sprinklers and landscaping in the sidewalk area abutting the building for Washington Storage Company, Inc. located at 1001 Washington Avenue. PASSED and ADOPTED this 2/ 4 day of Janua • 2 . )1r Ar Or 1 _i MAY• '' ATTEST: cl--6 _L,A E.r ,„CNAA,,---- FORM APPROVED CITY CLERK ,01 ciL LE L DEPT. PNB: lm B C\RESOLUTIONS\washington $' Z January 7, 1992 Date (J:41 • • CITY OF MIAMI' . BE1ACH 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. 3519, 2-- DATE: January 22, 1992 TO: Mayor Seymour Gelber and Members of the City Commission FROM: Carla Bernabei Talarico City Manager SUBJECT: REVOCABLE PERMIT TO ALLOW FOR INSTALLATION OF 16 STREETLIGHTS AND A STAINLESS STEEL STRUCTURE, TREE GRATES, ELECTRIC, LIGHTING, SPRINKLERS, AND LANDSCAPING, IN THE SIDEWALK AREA ABUTTING WASHINGTON STORAGE COMPANY, INC., 1001 WASHINGTON AVENUE Attached is a revocable permit for Washington Storage Company, Inc. The Administration is requesting that the attached Revocable Permit be executed to allow for installation of 16 streetlights and a stainless steel structure, tree grates, electric, lighting, sprinklers, and landscaping, in the sidewalk area abutting Washington Storage Company, Inc., 1001 Washington Avenue. ADMINISTRATION RECOMMENDATION: The Administration recommends approval of the revocable permit. CBT/RAG/DR/b 04 AGENDA y ITEM L/ DATE /-422,2 ��`� • REVOCABLE PERMIT (COMMERCIAL PROPERTY) THIS AGREEMENT, made on this 14th day of February, 1992 between the CITY OF MIAMI BEACH, hereinafter called the "City" and Washington Storage Company, Inc. , 1001 Washington Avenue, a Florida corporation, hereinafter called the "Permittee" . WITNESSETH WHEREAS, the Permittee is the owner of the following described property which abuts the Demised Premises, Lot 9, 10 and 11, Block 30, Ocean Beach Addition No. 2 Subdivision, Plat Book 2 , Page 56 of the Public Records of Dade County, Florida, 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 a period of one (1) year commencing on February 14 , 1992 (the "Described 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. That the City by the grant of this Revocable Permit does not intend to abandon or vacate the Demised Premises. ARTICLE I USE OF DEMISED PREMISES BY PERMITTEE The Permittee shall use the Demised Premises for installation of 16 street lights, a stainless steel structure, tree grates, electric, lighting, sprinklers and landscaping in the sidewalk area abutting the building for Washington Storage Company, Inc. 1001 Washington Avenue, in the exact configuration as 1 1 y Inc. , 1001 Washington Avenue, 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 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 Permittee agrees that it will indemnify, hold and save the City, their officers, agents, contractors and employees whole and harmless and at City's option 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, 2 4 ,- contractors, 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, 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 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. The City shall be named as an additional insured on the Permittee's insurance policy and the policy shall 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. 3 • Certificate of insurance and endorsements as required herein shall be delivered to the City by the Permittee with evidence of payment 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 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, in its sole discretion and without cause, upon 4 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. ARTICLE IX NOTICES It is understood and agreed between the parties hereto that written notice addressed to the attorney for Permittee and mailed or hand delivered to attorney for Permittee and mailed or delivered to Washington Storage Company, Inc. , 1001 Washington Avenue, 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 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 5 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. IN WITNESS WHEREOF, the parties have hereunto executed this Revocable Permit for the purposes herein expressed the day and year first above written. PASSED AND ADOPTED this 22nd day of January , 1992 . I T OF V ' ► .SAV By S YMOUR GELBER, MAYOR ATTEST: I --t-7 ,c,t,"_,,,N --_- , 'i),,,,,,_ CITY CLERK WASHINGTON STORAGE COMPANY, INC. ATTEST: il 1 Ili BY: ill aL SECRETA ---37/ \41'1 j PR f D FORM APPROVED PNB: lm LEG DEPT. 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"'I t/3' ... ".• • •.•., ,,,,,. 7 Ill •-:, --.*: ‘4, 1 its 11 L',I 4t; / -, i + I,5k) ��► $1, •r ` ' { tO I 1:..., . • 1YeT-t' r:.\ , ' • 4 :..i Q , 1 ` •�. ; ��1,. !.. :3/1,4_1'-T :04 . •j /,. C_.: 11 • V`I I tO o cc!'"Jo A:r19 8'r 0 Al Sr/c-E.C/eF n - i .e:;.., •.. . •+�, V•I •,/-. • _'� =�,•,.•��-, -----.7 t.'.--___--_-22—La::__---_:-:;_±-_:---b.------‘--' ' , . -_ . -- .....J.:14 ,- ,..„,,A, - �► ► --- .. ---_ /6 0 G :.). ' - -- ---„ � i--:.- FXHTFITT "A" ORIGINAL (21,,,..1 ,2-11144-3 RESOLUT WN NO. 92-2U437 Authorizing the Mayor and City Clerk to execute a revocable .permit in favor of Washington Storage Company, Inc. for the installation of 16 street lights, a stain- less steel structure, tree grates, electric lighting, sprinklers and land- scaping in the sidewalk area abutting the building for Washington Storage Company, Inc. located at 1001 Washington Avenue.