RESOLUTION 92-20463 RESOLUTION NO. 92-20463
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE A REVOCABLE
PERMIT FOR A PERIOD OF FIFTEEN YEARS 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 AND REVOKING THE
REVOCABLE PERMIT DATED JANUARY 22, 1992 ISSUED
PURSUANT TO RESOLUTION NO. 92-20437 .
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 for a period of fifteen years 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 for a period of
fifteen years 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 and revoking the Revocable
Permit dated January 22 , 1992 issued pursuant to Resolution No. 92-
20437 . 2-20437 .
PASSED and ADOPTED this t day of Mar 1 , 192 .
'YOR
ATT ST:
"A•414- g-4ON0‘, FORM APPROVED
f
L
ITY CLERK DEPT.
PNB: lm B
C\RESOLUTIONS\washing2.rev Date
February 25, 1992
CITY OF MIAMI BEACH
(J/11/1)1
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
OFFICE OF THE CITY MANAGER TELEPHONE: (305) 673-7010
FAX: (305) 673-7782
COMMISSION MEMOIRANDUM NO. ) 2Oqa..
DATE: March 4, 1992
TO: Mayor Seymour Gelber and
Members of the City Commission
FROM: Carla Bernabei Talarico
City Manager
SUBJECT: A FIF 1 LEN YEAR REVOCABLE PERMIT TO ALLOW FOR
HvisEEN YEAR OCCUPANCY OF THE CITY R1GHT-OF-WAY
EASEMENT FOR INSTALLATION OF 16 STREE'T'LIGHTS AND A
STAINLESS STEEL STRUCTURE, TREE GRATES, ELECTRIC,
IIGITTING, SPRINKLERS, AND IANDSCAPING, IN THE SIDEWALK
AREA ABUTTING WASHINGTON STORAGE COMPANY,INC., 1001
WASHINGTON AVENUE AND REVOKING THE PERMIT DATED
JANUARY 22, 1992
On January 22, 1992, the City Commission approved the above Revocable Permit for a
one year term. The owner has requested a fifteen year term.
Permit for Washington
Attached is an RevocableStorage Company, Inc. The g
Administration is requesting that the attached Revocable Permit be executed to allow for
fifteen occupancy of the City right-of-way easement for installation of 16 streetlights
yearp �
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
2 Cl
AGENDA
ITEM Rwrivol4
DATE 51.*.r
REVOCABLE PERMIT
(COMMERCIAL PROPERTY)
THIS AGREEMENT, made on this 15th day of April
1992 between the CITY OF MIAMI BEACH, hereinafter called the "City"
and Washington Storage Company, Inc. , a Florida corporation,
hereinafter called the "Permittee" .
WITNESSETH
WHEREAS, the Permittee is the owner of the properties abutting
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 its
Exhibit A attached hereto for a period of fifteen (15) years
commencing on the date of this Agreement, (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.
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
1
•
sidewalk area abutting the building for Washington Storage Company,
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 saw
the City, their officers, agents, contractors and employees who'
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
2
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,
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 judgment 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, including premises liability and
contractual liability in the amount of $1, 000, 000 per occurrence
for bodily injury and property damage, or such other amount as may
be approved by the City's Risk Manager. The City shall be named as
an additional insured on the Permittee' s insurance policy and the
policyshall be endorsed to reflect the City as an additional
insured.
ARTICLE VI
NO LIABILITY FOR PERSONAL PROPERTY
Allp ersonal property placed or moved on the Demised
Premises shall be at the risk of the Permittee or the owner
3
•
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, 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.
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 Washington Storage Company, Inc. located at 1001
Washington Avenue, Miami Beach, shall constitute sufficient notice
to the Permittee, and written notice addressed to the City Manager
4
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
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.
5
ARTICLE XII
REVOCATION OF PRIOR PERMIT
The parties agree that the Revocable Permit for the Demised
Premises dated January 22, 1992 is hereby revoked.
IN WITNESS WHEREOF, the parties have hereunto executed this
Revocable Permit for the purposes herein expressed the day and year
first above written. 1
I
C f i Y OF MIAM AC
0 1 .-------
By: bid • . r BER, MAYOR
ATTEST:
Ir
1-QkkAA ElLPOoft.
CITY CLERK
PERMITTEE: WASHINGTON STORAGE COMPANY,
INC.
By: /OA �1 .WITNESS PRE i7412
WITNESS 1
ATTES
CORPO• • CR`' A
PNB: lm FORM APPROVED
REF:revocper/uashingto.2 LEGAL DEPT.
By, -24- 7 ,0e-,51---
Date � Z 3/9 ::
6
Niummemp
RESOLUTION NO. 92- `?U4e3
Authorizing the Mayor and City Clerk to
execute a revocable permit for a period of •
fifteen years in favor of Washington
Storage Company, Inc. for the installation
Ima`of 16 Street lights, a stainless steel
structure, tree grates, electric, lighting,
_ •
$sprinklers and landscaping in the sidewald
area abutting the building for Washington
Storage Company, Inc. located at 1001
Washington Avenue and revoking the revocable
permit dated January 22, 1992 issued
pursuant to Resolution NO. 92-20437.
•
•
: t